The following terms govern your use of the transportation services (“Services”) offered by Dial Car, Inc.,
New York’s premier black car company. By using Dial’s services, you unconditionally agree to and accept
the Terms of Service set forth below. If you do not agree to accept the Terms of Service in their entirety,
please do not use the Services.
Services are provided by independent contractors affiliated with Dial Car, Inc., a ground transportation cooperative
with offices located at 2104-2106 Avenue X, Brooklyn, New York 11235
(hereinafter referred to at times as “Dial,” “We,” “Us” or “Our”). Our Agreement with You (“You,” “Your” or “Client”)
is conditioned upon Your consent to and acceptance of all of the terms and conditions set forth in this Agreement.
Any use of the Services by You shall be deemed to constitute Your acceptance of the terms and conditions
set forth in this Agreement.
Client acknowledges that Dial provides fare referral, billing and related services, and that actual transportation services
are provided by independent contractors, none of whom are employees of Dial.
1. Transportation Rates.
You agree to pay the transportation rate set forth in the Dial Car, Inc. Rate Book according to its billing policies
(Including but not limited to waiting time, “no show” charges, disbursements such as tolls and parking, and telephone charges),
plus a Processing Fee charge for each ride taken. You further agree to pay any and all applicable taxes, assessments or
surcharges imposed now or in the future by any governmental or regulatory agency,
including the Black Car Operators Injury Compensation Fund.
2. Payment.
Payment for services is to be by check, credit card or electronic payment. Client’s signature below authorizes Dial Car, Inc.
to submit requests for payment to the credit card account(s) designated by client without Client’s signature.
Any requests for billing adjustments must be submitted in writing within 14 days of the date of the invoice.
Client agrees to pay a late fee equal to 10% for all balances which remain unpaid 30 days after the date set forth on an invoice.
If Dial refers Client’s account to collections (including, but not limited to referrals to a collection agency or attorney),
Client agrees that in addition to the charges and late fees which may be due, Client will reimburse Dial for collections costs of
25% of the unpaid balance, including late fees. Dial reserves the right to discontinue service to Clients with past-due balances.
3. Discounts.
Certain high volume accounts qualify for a volume discount. The discounted rates are set forth in a separate rate book issued to qualified accounts.
The discount will be lost, and standard rates as set forth in the Dial Car, Inc. Rate Book shall apply, if the Client’s account is past-due, and/or of the account volume drops below the minimum usage threshold established for the account.
The discount will be reinstated on future charges only when Client’s balance is paid in full for all invoices, and/or
when volume meets the minimum threshold.
4. Use and Collection of Account Information; Privacy.
Client authorizes Dial to verify all information provided in connection with Client’s application for service though
a credit reporting agency.
All information provided to Dial in connection with Client’s application shall be kept strictly confidential, securely maintained,
and used in accordance with Dial’s Data Security and Privacy Policy, a copy of which is annexed hereto as Attachment A.
5. Vouchers; Account Restrictions.
Client must notify Dial, in writing, in the event any of Client’s vouchers or VIP cards are misplaced, lost or stolen, or client
no longer
wishes for any VIP cardholder to use the account. On “unrestricted” accounts, Dial does not verify the users.
Client is responsible for any unauthorized use of services if written notice is not received and acknowledged by Dial.
In the event you believe the security of your account has been compromised, or have any questions or disputes concerning charges to your account, you agree to notify Us as soon as possible.
6. Service Area; Affiliates.
Dial’s affiliated independent drivers are licensed by the New York City Taxi & Limousine Commission to provide transportation services throughout
the New York Metropolitan area. In the event Client requests that Dial arrange ground transportation services in areas out of its service
area through the use of affiliates, Client understands that Dial does not own, control or exert any influence over the affiliate and that
Dial is booking the reservation and working with the affiliate as an accommodation for Client.
7. Damages; Cleaning Charges.
In the event You cause damage to the Driver’s vehicle or soil the vehicle (e.g. spilled food or drink, unlawful smoking, vomit, etc.),
You agree that we may impose a reasonable charge on behalf of the Driver to cover the documented cost of vehicle repairs and/or cleaning
(“Damages Charge”). The Damages Charge typically ranges from $100-$200, and will be remitted to the Driver.
The imposition of the Damages Charge is intended to function as a procedure for efficiently resolving any dispute between You and the Driver
resulting from damage or soiling caused to the Driver’s vehicle, however in the event the cost of remediating the damage or soiling exceeds
the Damages Charge, the Driver may pursue recovery of these additional costs from You.
8. Insurance.
All Drivers are independent vehicle owners and/or operators, and procure insurance in accordance with local applicable regulations.
As with any automobile insurance policy, additional insurance terms, limitations, and exclusions apply.
9. Personal Items.
Dial shall not be responsible for any personal items left by Client in a vehicle. Notwithstanding the forgoing, in the event
Client belongings are left in the vehicle, the client should notify Dial customer service, which will make every attempt to locate
and return the lost items.
10. Term and Termination.
You may discontinue your use of the Services at any time. Notwithstanding such termination, You will be responsible for all valid charges
incurred prior to termination. Should You default with respect to Your payment obligations, we reserve the right to terminate Your use of
the Services, in which event we will notify You via e-mail that your account has been terminated.
11. Restricted Activities.
You covenant, warrant, represent and agree that You shall only use the Services in a matter that is consistent with
the terms of this Agreement, and all applicable laws, rules and regulations. You further agree that should you misuse the Services in a manner
inconsistent with the terms of this Agreement and/or any applicable laws, rules and regulations, your account may be terminated.
Without limitation, misuse of the Services shall include any of the following: intentionally or negligently providing information to Dial that
is false, inaccurate or misleading; using the System for any illegal or unlawful purpose; submitting false requests for service; violating
Dial’s policies or any law, statute, rule or regulation applicable to the Services; and transferring or selling Your account to any third party.
12. Intellectual Property.
We own all intellectual property rights in and to the Dial name and related Services in their entirety.
Such rights include without limitation all copyright, patent, trademark and other similar rights.
13. Limitations of Liability.
The Services are offered and provided without any warranty or condition, express, implied or statutory.
We expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
Due to traffic, weather, driver availability and other variables, Dial makes no representation, warranty or guarantee that the Services and/or
specific vehicles will be available at all times, nor does it make any representation, warranty or guarantee regarding the reliability,
timeliness, quality, suitability, or availability of the services, or that the services will be uninterrupted or error-free.
Dial disclaims all liability for any incidental, consequential, or indirect damages including without limitation those damages arising
from service interruptions, including without limitation missed flights. Dial further disclaims liability for direct, indirect, incidental
and/or consequential damages arising out of the use of the Services, including without limitation, physical damages, bodily injury, death and/or
emotional distress.
WE DO NOT WARRANT OR GUARANTEE THAT ANY RIDES BOOKED THROUGH THE SERVICE WILL ULTIMATELY OCCUR OR BE COMPLETED, OR THAT PASSENGERS WILL
BE PICKED UP OR DROPPED OFF AT A SET TIME. DIAL DOES NOT GUARANTEE THE SERVICES PROVIDED BY DRIVERS. BY USING THE SERVICES, YOU
AGREE AND ACKNOWLEDGE THAT DIAL HAS MADE NO SUCH CLAIMS OR PROMISES AND THAT DIAL SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIAL SHALL NOT BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF DIAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIAL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN PROVIDING THE SERVICES BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
14. Disputes and Legal Claims.
This agreement is made under and shall be governed by the laws of the State of New York. Any action or proceeding based on or
relating to this Agreement shall be brought in the courts of the State of New York, Kings County.
Client consents to jurisdiction of such courts and agrees that any process or other documents may be served upon Client by
certified mail, return receipt requested, mailed to the customer at the address set forth above.
15. Notices, Complaints.
Except as otherwise provided, any notices to Dial shall be given by certified mail, postage prepaid and return receipt requested to
Dial Car, Inc. 2104-2106 Avenue X, Brooklyn, New York 11235, and any notices to You shall be given by e-mail, or by certified mail,
postage prepaid and return receipt requested, to the e-mail or physical address you have provided to Dial.
In such case, notice shall be deemed given 3 days after the date of issuance. To resolve a complaint regarding the Service,
You should contact Our Customer Service Department by email: support@dialcar.com.
16. General.
Services are provided in accordance with the laws of the State of New York without regard to choice of law principles.
If any of the terms set forth herein are held to be invalid or unenforceable, such term shall be modified to the extent
possible or struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or
others does not waive Our right to act with respect to subsequent or similar breaches. These terms and any related agreements
You enter into with Us set forth the entire understanding and agreement between the Customer and Dial with respect to
the subject matter hereof. Sections referring to Services, Liability Limit, and Resolution of Disputes
shall survive any termination or expiration of this Agreement. By using the Services, You do hereby represent and warrant that
You have read, understand and agree to all terms of Agreement.
