Our Terms of Use
TERMS AND CONDITIONS OF VINTAGE WEDDING RIDES LLC SERVICE
1. How this agreement works.
1.1 Introduction. Welcome to Vintage Wedding Rides' online renting and listing community (the "Site"). This User Agreement ("Agreement") lists the terms of the agreement between you and Vintage Wedding Rides LLC for the renting and listing of classic vehicles ("vehicle"), and all other services that we provide (the "Services"). By using the services found on this site you agree to the terms and conditions of this Site.
1.2 Modification. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following Vintage Wedding Rides’ posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
2. Who we are and what we do.
2.1 A vehicle Rental Service Provider. Vintage Wedding Rides is a website service that help users, who want to hire chauffeured transportation ("Renters"), to find drivers & cars from registered users who want to list their services, including but not limited to vehicle Owners, Owners' agents, etc. ("Owners"). Please remember that Vintage Wedding Rides acts is an independent booking agency and we are not responsible for the actions of any Renter or Owner.
3. How to become a Site user.
3.1 Requirements. You may only use the Services if you are able to form legally binding contracts, are over the age of 18. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.
3.2 Site User. You are a site user if you are an Owner listing your car on this site or a Renter seeking a car reservation through any form of communication with the Company staff. Even if you are communicating via phone, information is drawn from the site in connection to your reservation which then classifies you as a Site User.
4. Listing rental services as an Owner.
4.1 Listing Process. A registered user who wants to list services may list the services in the Vintage Wedding Rides marketplace. As part of the listing process, the Owner assigns a rate to the vehicle rental and provides information such as the description, date, rates and other descriptions of the vehicle.
4.2 Fixed Price Rentals. An Owner who lists a vehicle (or services) for rent on the site will do so using a fixed base price. Under this system, the Owner sets a definite price at which the vehicle will be reserved for the Renter for the specified dates. The Company will notify the owner of the inquiry and the owner will have 48 hours to decide whether or not to accept the job and notify the Company. Payments will be made directly to the Company via IPN, Intuit Payment Network, or by check. Owner portions of the reservation will be made by IPN bank transfer or by check, whichever preference the owner requests.
4.3 Owner Responsibility. Once an Owner confirms a reservation of a vehicle from a Renter, the Owner is responsible for fulfilling the reservation with the exact vehicle that the Renter requested. The Owner will be charged a convenience fee if Owner lists a vehicle for rent and is unable to produce the exact vehicle the Owner listed. The convenience fee will depend on how much it costs us to secure comparable or better replacement accommodations for the Renter.
4.4 Insurance. By listing a car on the Site, the Owner is responsible for checking with their local state laws and insurance agencies to ensure that they are properly covered under the correct insurance policy. Every state is different and the Company is not responsible for checking to make sure every Owner is compliant with their local state in regards to insurance.
5. Finding a vehicle and securing reservations as a Renter.
5.1 Making Reservations. To make a reservation, a Renter first browses the Vintage Wedding Rides listings for a vehicle that matches what the Renter is seeking. When the Renter finds desirable accommodations, the Renter places a "booking request" to reserve the vehicle. Placing a booking request does not complete the reservation. Owners have 48 hours to receive notification of a reservation and confirm delivery. The reservation is complete only after the following items are complete:
5.2 Credit Card Fee. The Company passes on a 3% credit/debit card fee that is charged by the merchant services.
5.3 Backup Vehicle. Renter understands that Renter must provide their own vehicle for a backup in case the car found through the Vintage Wedding Rides website is unable to perform the duties due to but not limited to: mechanical/electrical problems, poor driving conditions for the car determined by the owner of the car (snow, rain, sleet, hail, fog, etc…), and any other reason decided by the car owner that he/she deems necessary to cancel the reservation. Renter agrees not to post negative feedback on any published website due to a related event and renter agrees not to hold Company liable for any no-shows caused by a driver. We are a booking agent for the owners not the actual chauffeur service.
5.4 Refund Policy. The Company does not issue refunds for charges/payments already made. The standard reservation requirements are 50% up front to hold a reservation and the remaining 50% due 2 weeks prior to the event. If the Company and/or the Driver decide to cancel the reservation due to weather then all but 10% of the booking fee will be refunded. If the Driver is unable to make the event due to mechanical difficulty or other reasons and if the Company is unable to provide a replacement car for the event then a full refund will be given.
6. Notifying the Owner of the reservation.
6.1 Notification. Once the Company obtains a quote request from a Renter, we notify the Owner of the vehicle via email and/or telephone that a Renter has inquired about the listed vehicle. The Owner then gives the Company a quote for the specific details of the request and then reaches out to the Renter for final booking instructions. At this time, Vintage Wedding Rides verifies the authenticity of the reservation and reserves the right to cancel any reservation that it identifies as fraudulent.
6.2 Owner's Confirmation. Once a vehicle is booked, the Owner has confirmed that vehicle as available for the weekend promised. In the event the Owner wishes to terminate or cancel the rental at any point even prior to confirming the reservation, the Company reserves the right to charge the Owner a de-listing fee for any such cancellations and all other charges necessary to fulfill the renter's Guarantee.
7. Completing the booking.
7.1 Credit Card Charge. Once the Owner confirms the reservation, we charge the Renter's credit card for half of the reservation rate. At no time do we provide the Renter's credit card information to the Owner. The credit card charge/check/bank transfer is paid to the Company, and the Owner is compensated for the reservation according to the payment policy. Owners can see the exact amount of the commission that we will collect before completing the listing process and committing to list their services for rent. Owner shall be paid in a timely manner once services have been rendered complete or sooner.
8. Your relationship with the Company.
8.1 Permission. As a Renter, you grant Vintage Wedding Rides permission to charge your credit card for your rental reservation. As an Owner, you grant Vintage Wedding Rides permission to charge your credit card to list your vehicle, and if you, at any time, fail to deliver the vehicle you've listed or deliver invalid, fraudulent, counterfeit, or a misrepresented vehicle rental. These charges may include, but are not limited to, the cost of satisfying a reservation with a new vehicle, coupons and gift certificates, shipping charges, refunds to the Renter, and other charges we incur to satisfy the Renter for a reasonable amount.
8.2 Grant of License. You grant Vintage Wedding Rides a non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our affiliated companies, any content you may provide to Vintage Wedding Rides in connection with your use of Vintage Wedding Rides and its Services. You agree that Vintage Wedding Rides shall be permitted to use your name, vehicle city and other ancillary information (for example, the number of years you have been a Vintage Wedding Rides user) in connection with the content in conjunction with Vintage Wedding Rides’ marketing, promotion and publicity efforts in any media known now or in the future; provided however that Vintage Wedding Rides shall not use your name or any of the above referenced material after your use of the Site ends without express written permission.
8.3 Release. Vintage Wedding Rides acts as a booking agent only between car Owners and Renters. In all cases, the submission and confirmation of reservations are transactions between Renters and Owners only. The fulfillment of confirmed reservations is the responsibility of the Owner. If you have a dispute with one or more registered users, you release Vintage Wedding Rides and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
8.4 Privacy. We use your information only for use for internal operations, marketing & advertisement. We will NEVER sell your information to 3rd party vendors.
9. Things we don't allow.
9.1 Offline reservations. You agree not to use the Vintage Wedding Rides website to (a) contact other Vintage Wedding Rides users, (b) invite contact with other Vintage Wedding Rides users, (c) solicit rentals outside of Vintage Wedding Rides, or (d) initiate or engage in transactions outside of Vintage Wedding Rides. Vintage Wedding Rides is not responsible for any damages or lost profits that result from Vintage Wedding Rides users directly contacting other Vintage Wedding Rides users or for any damages or lost profits resulting from transactions conducted outside of Vintage Wedding Rides, including transactions that originate at Vintage Wedding Rides and are taken offline.
9.2 Personal Information in Owner Comments. As an Owner, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Owner Comments area of vehicle listings.
9.3 Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any Vintage Wedding Rides employee or customer.
9.4 Adult Materials. You agree to make sure all listings and correspondence is crafted in a professional manner that does not include any adult or explicit materials.
9.5 Illegal Activity. You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the listing of services. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including Vintage Wedding Rides’ copyrights and trademarks, and/or link to the Site without Vintage Wedding Rides’ prior written permission.
9.6 Double Posting and Removal of a vehicle listing. To list a vehicle for rent on the Site, you must first fill out the Listing Application. Once a vehicle is listed, you agree not to list your vehicle on any other site or with any other company. This allows us to list your car with the confidence of knowing its availability. Except as provided herein, you agree not to promote the listing of vehicle through any site other than Vintage Wedding Rides without expressed permission from Vintage Wedding Rides. We reserve the right to prohibit users from posting services at Vintage Wedding Rides if they are not able to provide the exact vehicle that was posted at Vintage Wedding Rides. If you, at any time, fail to deliver the vehicle you've listed or deliver invalid, fraudulent, or misrepresented accommodations, Vintage Wedding Rides reserves the right to cancel the reservation and hold you liable for any and all charges we incur to satisfy the Renter. These charges may include, but are not limited to, cost of replacement accommodations, coupons, and gift certificates, shipping charges, and refunds to the Renter.
9.7 Promotional Materials. The Renter name and address information is provided to Owners for the sole purpose of corresponding before, during, and after a reservation. If you are an Owner, you agree not to include in your correspondence to the Renter any promotional or other commercial material that is not provided or approved by Vintage Wedding Rides. This includes, without limitation, material that announces a website or invites the Renter to visit a website other than Vintage Wedding Rides, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Renter at any time for any reason.
10. Consequences.
10.1 Disclosure of Information. You agree that Vintage Wedding Rides may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Vintage Wedding Rides will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
10.2 Making Adjustments. You authorize us to withhold payment or charge your credit card account any amount you owe us if (a) a rental is cancelled for any reason; (b) an adjustment is made under our Renter's Guarantee; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or owning activity; (d) you are not able to produce the exact accommodations that you listed on the Site; (e) you deliver incorrect or misrepresented accommodations for any reservation or portion of an reservation, (f) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.
11. Your warranties to us.
11.1 Accurate Descriptions. For all services you list as the Owner, you warrant that your descriptions of the services accurately detail and describe the vehicle offered for rent. If you, at any time, deliver invalid, fraudulent, or misrepresented accommodations, Vintage Wedding Rides reserves the right to cancel the reservation and hold you liable for any and all charges we incur to satisfy the Renter under the terms of Vintage Wedding Rides’ Renter's Guarantee. These charges may include, but are not limited to, cost of replacement accommodations, coupons, and gift certificates, shipping charges, and refunds to the Renter.
11.2 Other Information. You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the rental of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
11.3 Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and rental value of the services. Vintage Wedding Rides does not monitor, obtain, nor have any knowledge of the face value of a vehicle listed on the Site.
11.4 Indemnity. You agree to indemnify and hold Vintage Wedding Rides and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Vintage Wedding Rides and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
12. What we don't warrant (disclaimers of warranties and limitations of liability).
12.1 No Warranty. Except for the express warranties stated in this Agreement, Vintage Wedding Rides provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. Vintage Wedding Rides makes no warranty with respect to its software, any services, any event, the services Vintage Wedding Rides provides, or that Owners or Renters will perform as promised, and Vintage Wedding Rides expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
12.2 Waiver of Consequential Damages; Liability Limit. Vintage Wedding Rides expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. Vintage Wedding Rides’ liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all a vehicle you rented and/or listed via Vintage Wedding Rides in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
12.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
12.4 Tax Indemnity. You agree that Vintage Wedding Rides is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Vintage Wedding Rides and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Vintage Wedding Rides that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, reservation or decree or (ii) any dispute concerning the tax status of Vintage Wedding Rides.
12.5 Change or Suspension of Site. Vintage Wedding Rides reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. Vintage Wedding Rides is never, for any reason, responsible for services listed on the site that do not rent, including services that remain unrented during a site outage.
12.6 Regular Maintenance. The Site could be unavailable at any time while it is being updated and modified. During this time, the Site will be temporarily unavailable. When an Owner lists a vehicle for rent on the site, the listing may not be available for rent until the next update. Vintage Wedding Rides is not responsible for unrented services resulting from these updates.
13. We own the intellectual vehicle rights to our Site and Service.
13.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual property") are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of Ownership or license rights in our Intellectual property. In addition, you shall not now or in the future contest the validity of Vintage Wedding Rides’ Intellectual property.
13.2 Copyright. Copyright (c) 2010, Vintage Wedding Rides LLC The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the vehicle of Vintage Wedding Rides or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive vehicle of Vintage Wedding Rides and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
14. Additional terms that affect our agreement.
14.1 No Agency. You and Vintage Wedding Rides are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
14.2 Notices. Except as expressly stated otherwise, all notices to Vintage Wedding Rides shall be sent to the email addresses provided on the Site (e.g., [email protected]).
14.3 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Vintage Wedding Rides, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
In Conclusion:
We apologize for having to be so detailed with our legal statements but we would like to over-communicate the expectations given to each of the parties involved and we would like there to be no misunderstandings when it comes to policy and procedure. Thank you for your business and we look forward to serving you!
1. How this agreement works.
1.1 Introduction. Welcome to Vintage Wedding Rides' online renting and listing community (the "Site"). This User Agreement ("Agreement") lists the terms of the agreement between you and Vintage Wedding Rides LLC for the renting and listing of classic vehicles ("vehicle"), and all other services that we provide (the "Services"). By using the services found on this site you agree to the terms and conditions of this Site.
1.2 Modification. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following Vintage Wedding Rides’ posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
2. Who we are and what we do.
2.1 A vehicle Rental Service Provider. Vintage Wedding Rides is a website service that help users, who want to hire chauffeured transportation ("Renters"), to find drivers & cars from registered users who want to list their services, including but not limited to vehicle Owners, Owners' agents, etc. ("Owners"). Please remember that Vintage Wedding Rides acts is an independent booking agency and we are not responsible for the actions of any Renter or Owner.
3. How to become a Site user.
3.1 Requirements. You may only use the Services if you are able to form legally binding contracts, are over the age of 18. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.
3.2 Site User. You are a site user if you are an Owner listing your car on this site or a Renter seeking a car reservation through any form of communication with the Company staff. Even if you are communicating via phone, information is drawn from the site in connection to your reservation which then classifies you as a Site User.
4. Listing rental services as an Owner.
4.1 Listing Process. A registered user who wants to list services may list the services in the Vintage Wedding Rides marketplace. As part of the listing process, the Owner assigns a rate to the vehicle rental and provides information such as the description, date, rates and other descriptions of the vehicle.
4.2 Fixed Price Rentals. An Owner who lists a vehicle (or services) for rent on the site will do so using a fixed base price. Under this system, the Owner sets a definite price at which the vehicle will be reserved for the Renter for the specified dates. The Company will notify the owner of the inquiry and the owner will have 48 hours to decide whether or not to accept the job and notify the Company. Payments will be made directly to the Company via IPN, Intuit Payment Network, or by check. Owner portions of the reservation will be made by IPN bank transfer or by check, whichever preference the owner requests.
4.3 Owner Responsibility. Once an Owner confirms a reservation of a vehicle from a Renter, the Owner is responsible for fulfilling the reservation with the exact vehicle that the Renter requested. The Owner will be charged a convenience fee if Owner lists a vehicle for rent and is unable to produce the exact vehicle the Owner listed. The convenience fee will depend on how much it costs us to secure comparable or better replacement accommodations for the Renter.
4.4 Insurance. By listing a car on the Site, the Owner is responsible for checking with their local state laws and insurance agencies to ensure that they are properly covered under the correct insurance policy. Every state is different and the Company is not responsible for checking to make sure every Owner is compliant with their local state in regards to insurance.
5. Finding a vehicle and securing reservations as a Renter.
5.1 Making Reservations. To make a reservation, a Renter first browses the Vintage Wedding Rides listings for a vehicle that matches what the Renter is seeking. When the Renter finds desirable accommodations, the Renter places a "booking request" to reserve the vehicle. Placing a booking request does not complete the reservation. Owners have 48 hours to receive notification of a reservation and confirm delivery. The reservation is complete only after the following items are complete:
- Owner has confirmed the reservation
- Deposit has been processed
- The Bride and Groom Agreement has been eSigned (http://www.vintageweddingrides.com/bride--groom-agreement.html)
5.2 Credit Card Fee. The Company passes on a 3% credit/debit card fee that is charged by the merchant services.
5.3 Backup Vehicle. Renter understands that Renter must provide their own vehicle for a backup in case the car found through the Vintage Wedding Rides website is unable to perform the duties due to but not limited to: mechanical/electrical problems, poor driving conditions for the car determined by the owner of the car (snow, rain, sleet, hail, fog, etc…), and any other reason decided by the car owner that he/she deems necessary to cancel the reservation. Renter agrees not to post negative feedback on any published website due to a related event and renter agrees not to hold Company liable for any no-shows caused by a driver. We are a booking agent for the owners not the actual chauffeur service.
5.4 Refund Policy. The Company does not issue refunds for charges/payments already made. The standard reservation requirements are 50% up front to hold a reservation and the remaining 50% due 2 weeks prior to the event. If the Company and/or the Driver decide to cancel the reservation due to weather then all but 10% of the booking fee will be refunded. If the Driver is unable to make the event due to mechanical difficulty or other reasons and if the Company is unable to provide a replacement car for the event then a full refund will be given.
6. Notifying the Owner of the reservation.
6.1 Notification. Once the Company obtains a quote request from a Renter, we notify the Owner of the vehicle via email and/or telephone that a Renter has inquired about the listed vehicle. The Owner then gives the Company a quote for the specific details of the request and then reaches out to the Renter for final booking instructions. At this time, Vintage Wedding Rides verifies the authenticity of the reservation and reserves the right to cancel any reservation that it identifies as fraudulent.
6.2 Owner's Confirmation. Once a vehicle is booked, the Owner has confirmed that vehicle as available for the weekend promised. In the event the Owner wishes to terminate or cancel the rental at any point even prior to confirming the reservation, the Company reserves the right to charge the Owner a de-listing fee for any such cancellations and all other charges necessary to fulfill the renter's Guarantee.
7. Completing the booking.
7.1 Credit Card Charge. Once the Owner confirms the reservation, we charge the Renter's credit card for half of the reservation rate. At no time do we provide the Renter's credit card information to the Owner. The credit card charge/check/bank transfer is paid to the Company, and the Owner is compensated for the reservation according to the payment policy. Owners can see the exact amount of the commission that we will collect before completing the listing process and committing to list their services for rent. Owner shall be paid in a timely manner once services have been rendered complete or sooner.
8. Your relationship with the Company.
8.1 Permission. As a Renter, you grant Vintage Wedding Rides permission to charge your credit card for your rental reservation. As an Owner, you grant Vintage Wedding Rides permission to charge your credit card to list your vehicle, and if you, at any time, fail to deliver the vehicle you've listed or deliver invalid, fraudulent, counterfeit, or a misrepresented vehicle rental. These charges may include, but are not limited to, the cost of satisfying a reservation with a new vehicle, coupons and gift certificates, shipping charges, refunds to the Renter, and other charges we incur to satisfy the Renter for a reasonable amount.
8.2 Grant of License. You grant Vintage Wedding Rides a non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our affiliated companies, any content you may provide to Vintage Wedding Rides in connection with your use of Vintage Wedding Rides and its Services. You agree that Vintage Wedding Rides shall be permitted to use your name, vehicle city and other ancillary information (for example, the number of years you have been a Vintage Wedding Rides user) in connection with the content in conjunction with Vintage Wedding Rides’ marketing, promotion and publicity efforts in any media known now or in the future; provided however that Vintage Wedding Rides shall not use your name or any of the above referenced material after your use of the Site ends without express written permission.
8.3 Release. Vintage Wedding Rides acts as a booking agent only between car Owners and Renters. In all cases, the submission and confirmation of reservations are transactions between Renters and Owners only. The fulfillment of confirmed reservations is the responsibility of the Owner. If you have a dispute with one or more registered users, you release Vintage Wedding Rides and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
8.4 Privacy. We use your information only for use for internal operations, marketing & advertisement. We will NEVER sell your information to 3rd party vendors.
9. Things we don't allow.
9.1 Offline reservations. You agree not to use the Vintage Wedding Rides website to (a) contact other Vintage Wedding Rides users, (b) invite contact with other Vintage Wedding Rides users, (c) solicit rentals outside of Vintage Wedding Rides, or (d) initiate or engage in transactions outside of Vintage Wedding Rides. Vintage Wedding Rides is not responsible for any damages or lost profits that result from Vintage Wedding Rides users directly contacting other Vintage Wedding Rides users or for any damages or lost profits resulting from transactions conducted outside of Vintage Wedding Rides, including transactions that originate at Vintage Wedding Rides and are taken offline.
9.2 Personal Information in Owner Comments. As an Owner, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the Owner Comments area of vehicle listings.
9.3 Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any Vintage Wedding Rides employee or customer.
9.4 Adult Materials. You agree to make sure all listings and correspondence is crafted in a professional manner that does not include any adult or explicit materials.
9.5 Illegal Activity. You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the listing of services. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including Vintage Wedding Rides’ copyrights and trademarks, and/or link to the Site without Vintage Wedding Rides’ prior written permission.
9.6 Double Posting and Removal of a vehicle listing. To list a vehicle for rent on the Site, you must first fill out the Listing Application. Once a vehicle is listed, you agree not to list your vehicle on any other site or with any other company. This allows us to list your car with the confidence of knowing its availability. Except as provided herein, you agree not to promote the listing of vehicle through any site other than Vintage Wedding Rides without expressed permission from Vintage Wedding Rides. We reserve the right to prohibit users from posting services at Vintage Wedding Rides if they are not able to provide the exact vehicle that was posted at Vintage Wedding Rides. If you, at any time, fail to deliver the vehicle you've listed or deliver invalid, fraudulent, or misrepresented accommodations, Vintage Wedding Rides reserves the right to cancel the reservation and hold you liable for any and all charges we incur to satisfy the Renter. These charges may include, but are not limited to, cost of replacement accommodations, coupons, and gift certificates, shipping charges, and refunds to the Renter.
9.7 Promotional Materials. The Renter name and address information is provided to Owners for the sole purpose of corresponding before, during, and after a reservation. If you are an Owner, you agree not to include in your correspondence to the Renter any promotional or other commercial material that is not provided or approved by Vintage Wedding Rides. This includes, without limitation, material that announces a website or invites the Renter to visit a website other than Vintage Wedding Rides, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Renter at any time for any reason.
10. Consequences.
10.1 Disclosure of Information. You agree that Vintage Wedding Rides may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Vintage Wedding Rides will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
10.2 Making Adjustments. You authorize us to withhold payment or charge your credit card account any amount you owe us if (a) a rental is cancelled for any reason; (b) an adjustment is made under our Renter's Guarantee; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or owning activity; (d) you are not able to produce the exact accommodations that you listed on the Site; (e) you deliver incorrect or misrepresented accommodations for any reservation or portion of an reservation, (f) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.
11. Your warranties to us.
11.1 Accurate Descriptions. For all services you list as the Owner, you warrant that your descriptions of the services accurately detail and describe the vehicle offered for rent. If you, at any time, deliver invalid, fraudulent, or misrepresented accommodations, Vintage Wedding Rides reserves the right to cancel the reservation and hold you liable for any and all charges we incur to satisfy the Renter under the terms of Vintage Wedding Rides’ Renter's Guarantee. These charges may include, but are not limited to, cost of replacement accommodations, coupons, and gift certificates, shipping charges, and refunds to the Renter.
11.2 Other Information. You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the rental of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
11.3 Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and rental value of the services. Vintage Wedding Rides does not monitor, obtain, nor have any knowledge of the face value of a vehicle listed on the Site.
11.4 Indemnity. You agree to indemnify and hold Vintage Wedding Rides and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Vintage Wedding Rides and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.
12. What we don't warrant (disclaimers of warranties and limitations of liability).
12.1 No Warranty. Except for the express warranties stated in this Agreement, Vintage Wedding Rides provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. Vintage Wedding Rides makes no warranty with respect to its software, any services, any event, the services Vintage Wedding Rides provides, or that Owners or Renters will perform as promised, and Vintage Wedding Rides expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
12.2 Waiver of Consequential Damages; Liability Limit. Vintage Wedding Rides expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. Vintage Wedding Rides’ liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all a vehicle you rented and/or listed via Vintage Wedding Rides in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
12.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
12.4 Tax Indemnity. You agree that Vintage Wedding Rides is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Vintage Wedding Rides and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Vintage Wedding Rides that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, reservation or decree or (ii) any dispute concerning the tax status of Vintage Wedding Rides.
12.5 Change or Suspension of Site. Vintage Wedding Rides reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. Vintage Wedding Rides is never, for any reason, responsible for services listed on the site that do not rent, including services that remain unrented during a site outage.
12.6 Regular Maintenance. The Site could be unavailable at any time while it is being updated and modified. During this time, the Site will be temporarily unavailable. When an Owner lists a vehicle for rent on the site, the listing may not be available for rent until the next update. Vintage Wedding Rides is not responsible for unrented services resulting from these updates.
13. We own the intellectual vehicle rights to our Site and Service.
13.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual property") are and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of Ownership or license rights in our Intellectual property. In addition, you shall not now or in the future contest the validity of Vintage Wedding Rides’ Intellectual property.
13.2 Copyright. Copyright (c) 2010, Vintage Wedding Rides LLC The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the vehicle of Vintage Wedding Rides or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive vehicle of Vintage Wedding Rides and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
14. Additional terms that affect our agreement.
14.1 No Agency. You and Vintage Wedding Rides are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
14.2 Notices. Except as expressly stated otherwise, all notices to Vintage Wedding Rides shall be sent to the email addresses provided on the Site (e.g., [email protected]).
14.3 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Vintage Wedding Rides, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
In Conclusion:
We apologize for having to be so detailed with our legal statements but we would like to over-communicate the expectations given to each of the parties involved and we would like there to be no misunderstandings when it comes to policy and procedure. Thank you for your business and we look forward to serving you!
