Contract of Carriage
1. Preamble: This Contract of Carriage and following sections (hereafter “Agreement”) constitute the legal and binding contract between LaPuma GoGreen LLC dba GoGreenRide, a licensed for-hire vehicle base with an eco- friendly fleet of vehicles, and the purchaser/recipient of services (hereafter “User”). A user’s use of this web-based booking system and/or mobile booking application implies the user’s consent and acceptance of all terms herein.
2. Pricing: GoGreenRide calculate a user’s fare at the time of booking based on pickup and drop-off locations and the time it takes to travel between them, which may include traffic expectation based on historical data. This fare is displayed for a user’s acceptance and constitutes the base fare from point A to point B. Once a user accepts the ride, this base fare will not change and will be used to calculate the final fare. The final fare charge will be the sum of the base fare quoted, plus any waiting time, tolls, or charges for additional stops, clean-up, gratuity, and state or New York City mandated charges. A user is responsible for payment of all charges incurred during the Trip.
2A. Price: Base Fare + Waiting Time* + Tolls* + Congestion Surcharge* + Clean-Up Fee* + Damages Fee* + Tips (*if applicable)
2B. Waiting Time: Waiting time is charged at $45.00 per hour ($0.75 per minute) and accrues in one (1) minute increments. As a courtesy, GoGreenRide provide a free five (5) minute period after the designated pickup time at a user’s pickup location on all trips prior to starting the waiting time counter. This five (5) minute period is extended to fifteen (15) minutes for airport drop-offs and thirty (30) minutes for airport pickups.
2C. Tolls: Drivers who work with GoGreenRide are provided routes that are the safest and least affected by traffic when routing to a user’s destination. For some destinations, this may result in taking a toll route. A user is responsible for any toll charges incurred during a trip. Round trip tolls will be charged on trips in which the driver cannot return to Manhattan without paying a toll. The driver will inform a user of all tolls upon the completion of the trip; the cost(s) of which will be added to a user’s bill.
2D. Congestion Surcharge: In accordance with New York State law, a user will be subject to a $2.75 surcharge when a trip starts in New York State, ends in New York State, and begins, ends, or passes through Manhattan below 96th Street.
2E. Clean-Up Fee: A user will be subject to a $20 clean-up fee should a user’s actions while riding result in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to spillage of fluids, food, vomit, other stains, and unpleasant odors.
2F. Damages Fee: Should a user cause any damage to a vehicle’s exterior, interior, electronics, or other property of GoGreenRide, the user shall be charged for the cost of damage(s) to or repair(s) of the vehicle, electronics, or property and any enforcement charges relating to such damage(s) or repair(s) (including legal costs).
2G. Tips: The tip amount is entirely based on a user’s discretion.
2.1 Per Hour Requests: GoGreenRide services are available for by-the-hour bookings at a rate of $45.00 per hour, with a minimum of 2 hours per booking. Trips are limited to the five boroughs of New York City (Bronx, Brooklyn, Manhattan, Queens, and Staten Island) and the time period for which a user is charged will end when the vehicle is back in Manhattan, with or without the user. In cases for which the time a user used the vehicle (driving or waiting) is less than the booked duration, the user will be charged for the initially booked duration. Extension of a user’s book-by-hour period is subject to availability. Should a user wish to extend a book-by-hour period, the user will be charged for the period of time used.
3. Cancellations: The following apply to the cancellation of a booked trip with GoGreenRide:
3A. “Ride Later” and Per Hour Requests: Cancellation is possible at any time, but a reservation must be cancelled no less than 24 hours prior to the requested pickup time to avoid the cancellation fee that GoGreenRide would otherwise charge.
3B. “Ride Now”: GoGreenRide’s “Ride Now” option results in an automatic dispatch of the vehicle nearest to a user, and as such there cannot be a cancellation grace period after a pickup request is submitted by a user. Should a user cancel a booked trip after a vehicle has been dispatched in this way, GoGreenRide will charge a cancellation fee.
3C. Airport Pickups & Drop-Offs: Should a user cancel a booked trip less than 24 hours prior to the requested pickup time, GoGreenRide will charge a cancellation fee.
3D. Out-of-Town Pickups: Should a user cancel a booked trip less than 24 hours prior to the requested pickup time, GoGreenRide will charge a cancellation fee.
3E. Special Requests: Should a user cancel a booked trip less than 24 hours prior to the requested pickup time, GoGreenRide will charge a cancellation fee.
3.1. No-Shows: “No-Show” refers to the case in which, for any reason, the passenger(s) are not present at the pickup location at their booked pickup time, and do not communicate a request for the driver to wait so that the trip may proceed as scheduled.
4. Cancellation & No-Show Fees: Cancellations made outside of the acceptable timeframe and No-Shows will be charged according to the following criteria:
4A. Manhattan Pickups: The fee shall be the greater option of $10.00 or a Waiting Time charge.
4B. Airport Pickups: The fee shall be equal to the cost incurred by GoGreenRide to travel from the pickup location to 33-24 Northern Boulevard Long Island City, NY 11101.
4C. Out-of-Town Pickups: The fee shall be equal to the cost incurred by GoGreenRide to travel from the pickup location to 33-24 Northern Boulevard Long Island City, NY 11101.
4D. Outer-Borough Pickups: The fee shall be equal to the cost incurred by GoGreenRide to travel from the pickup location to 33-24 Northern Boulevard Long Island City, NY 11101.
5. Payment: In order to book a trip, a user must have an active, valid credit or debit card. Payment for reservations made via gogreenride.com and/or by phone will be charged to the credit or debit card provided by a user. Users agree that GoGreenRide can charge the provided credit or debit card for payment of all amounts payable under this Agreement. Regarding such charges, the following authorization applies: users authorize automatic and on demand credit or debit card payments by GoGreenRide. Users authorize GoGreenRide to verify the authenticity of a credit or debit card and billing information provided by the user, at the time of reservation. Users agree that the charges quoted to the user at the time of booking, plus all additional charges as per the formula in Section 2A, will be billed to the credit or debit card provided by the user. A detailed receipt for all payments via a user’s credit or debit card will be emailed to the user.
5A. Payment Information: Users must provide current, complete, and accurate information for the user’s billing account, and promptly update changes – such as a change in billing address, credit card number, credit card expiration date, bank account number, etc. – as well as the user’s email address.
5B. Payment Processing: If GoGreenRide are unable to process a user’s credit or debit card at any time, the user’s account may be suspended, the user will remain responsible for all amounts payable by the user to GoGreenRide, and the user will be liable for any collection costs incurred. A user’s card issuer agreement governs use of the user’s card in connection with this service, and a user must refer to that agreement regarding the user’s rights and liabilities as a cardholder. If GoGreenRide do not receive payment from a user’s card issuer or its agent, the user agrees to pay GoGreenRide all amounts due upon demand by GoGreenRide. Users agree that GoGreenRide will not be responsible for any expenses that a user may incur as a result of overdrawing the user’s bank account or exceeding the user’s credit limit as a result of any charges made under this Agreement.
6. Online Account Management: GoGreenRide make an online account management tool available to users for the purposes of managing the user’s profile, payment information, favorite destinations, and viewing the user’s trip history. The availability of online account management is at the discretion of GoGreenRide and may be removed or modified in order to abide by regulations, make improvements, or otherwise without notice.
7. Loss and Damage: GoGreenRide search proactively for any item(s) that might be left behind by passenger(s) between trips. However, GoGreenRide are not responsible for any property that is left behind, damaged, or otherwise missing in a vehicle. Users who believe item(s) may have been left in a GoGreenRide vehicle may contact customer service at email@example.com or by calling GoGreenRide at 212.364.2000. GoGreenRide is dedicated to performing an exhaustive search in an attempt to locate any items that have been reported as missing. Should such item(s) be found, GoGreenRide will send a notification to the user’s email address, providing an address from which the user may retrieve the item(s), which GoGreenRide will retain for thirty (30) days or until retrieved.
8. Force Majeure: GoGreenRide provide service on a best effort basis. While GoGreenRide try their best to navigate for timely pickups and drop-offs, GoGreenRide are not responsible for delays, service interruptions, or damages caused by acts of God, strikes, riots, authorities of the law, public enemies, hazards or dangers caused by a state of war, quarantine, perils of navigation, inclement weather, hazardous road conditions, accidents, breakdowns, or any other condition beyond reasonable control. Furthermore, GoGreenRide’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and/or dependent on electronic communications. GoGreenRide are not responsible for any delays, delivery failures, or other damage resulting from such problems.
8.1. GoGreenRide provide services on an “as-is, where-is” basis without any warranty of any kind, whether expressed or implied, including (without limitation) any implied warranties arising from statute, course of dealing, course of performance, or usage of trade.
9. Smoking: Smoking or use of Electronic Cigarettes is strictly prohibited inside of GoGreenRide vehicles. There are no exceptions to this rule.
10. Service Refusal: GoGreenRide reserve the right to refuse service to anyone that appears to be intoxicated, under the influence of drugs, or displays erratic behavior which causes a driver to fear for their safety.
11. Indemnification: By entering into this Agreement and using the web-based booking system and/or mobile booking application, users agree that they shall defend, indemnify, and hold GoGreenRide, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including but not limited to attorney’s fees and costs) arising from or in connection with:
11A. The user’s violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein.
11B. The user’s violation of any rights of any third party, including providers of transportation services arranged via the service or application.
11C. The user’s use or misuse of the service or application.
12. Legal Statement: By entering into this Agreement and using the web-based booking system and/or mobile booking application, a user expressly represents and warrants that the user is legally entitled to enter this Agreement and the user specifically accepts and agrees to abide by all terms and conditions herein. A user should not use GoGreenRide’s services if the user does not accept and agree. These services are available for a user’s personal use, which is limited to viewing the services, providing information to GoGreenRide, downloading information for personal use, and for scheduling services. Visitors assume all responsibility and risk regarding use of these services and, in no case, shall GoGreenRide be liable for damages of any kind resulting from customer use of these services.
13. Information on Website: Every effort is made to provide accurate and up-to-date information on the gogreenride.com website. GoGreenRide are not responsible for typographical errors and reserve the right to make corrections and changes to services and content at any time and without notice. Prices are displayed in U.S. dollars.
14. Privacy: Users should review GoGreenRide’s complete Privacy Notice in the “Legal and Privacy Notices” section. By visiting and using GoGreenRide’s service at the gogreenride.com website, visitors accept this Privacy Notice.
15. Copyright: All content included on the gogreenride.com website such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of GoGreenRide and protected by United States and international copyright laws.
16. Disclaimer of Warranties and Limitation of Liability: The gogreenride.com website is provided on an “as-is” and “as available” basis. No representations or warranties of any kind are made, expressed, or implied as to the operation of this website or the information, content, materials, or products included. Users expressly agree that use of this website is at a user’s sole risk. GoGreenRide’s services operate on a “best-effort” and “as-is” basis and thus, GoGreenRide make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the services provided. GoGreenRide does not represent or warrant that:
16A. The use of the services provided will be secure, timely, uninterrupted, error-free, or operate in combination with any other hardware, application, system, or data.
16B. The services provided will meet a user’s requirements or expectations. 16C. Any stored data will be accurate or reliable.
16D. The quality of any products, services, information, or other material purchased or obtained by a user through the service will meet the user’s requirements or expectations.
16E. Errors or defects in the services provided will be corrected.
16.1. Users acknowledge and agree that the entire risk arising from use of GoGreenRide services or products and/or any third-party services or products remains solely with the user, to the maximum extent permitted by law.
16.2. To the full extent permissible by applicable law, the gogreenride.com website’s owner disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The website’s owner does not warrant that this website, its servers, or emails sent from this website are free of viruses or other harmful components. The website’s owner will not be liable for damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
17. Dispute Resolution: The validity, construction, and enforcement of this Agreement, and the determination of the rights and duties of the parties, will be governed by the laws of the State of New York without regard to any provisions of its choice of law rules that would result in a different outcome. The parties consent to the jurisdiction of the courts service New York County, New York, for all disputes arising from this Agreement.
18. Severability: A holding by a court of competent jurisdiction that one or more provision in this Agreement is unenforceable in any respect will have no effect on the validity of any remaining provisions of this Agreement.
19. Claim Limit: No action arising from the performance of service by GoGreenRide under this Agreement may be brought by a user more than six (6) months after such cause of action arose.
20. Refunds: If there is an issue with a user’s ride or if a user would like a cancellation fee for a trip reviewed, the user may contact customer service at firstname.lastname@example.org or by calling GoGreenRide at 212.364.2000.