Terms & Conditions

 

The terms and conditions herein are hereby constituted and binding as part of all accepted proposals, estimates and/or Invoices, Reservations and/or contracts (Reservation) between J A Nichols & Company, LLC d/b/a J A Nichols Transportation Specialists (J A Nichols) and the Client such as listed on the Reservation/Invoice or Contract as Billing Contact, Passenger, Booking Contact, Passenger(s) and/or Billing Company/Account of such contacts (Client).  By requesting without cancellation of this Reservation within three business day of receipt of this Reservation and prior to its execution, if booked within three days of the Reservation Pick-up Date, within the terms listed below and J A Nichols executing the Services requested by the Client in the Reservation, Client hereby agrees to these Terms & Conditions in their entirety with or without signature.

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Transportation Services 

J A Nichols shall provide Transportation and Event related Services as follows: Subject to the provisions of the Reservation, Client agrees to tender to J A Nichols its passenger ground transportation with respect to the Reservation, and J A Nichols agrees to provide Transportation and Event Related Services (“Services”) with respect to Clients’ Reservation, upon the terms and conditions described herein.

1.    - Selection of all passenger carriers (“Carrier” or “Carriers”) and making all arrangements therewith necessary or appropriate for the transportation of passengers, including without to limitation scheduling and routing, utilizing qualified, authorized, and licensed motor carriers

2.    - Selection of all on-site staffing personnel (“Staff”), if requested, as per the Reservation in association with Transportation Management, and making all arrangements therewith necessary or appropriate for the positions described in the Reservation, including without limitation to selection, hiring and scheduling

3.    - Selection of all additional contractors (“Contractors”), if requested by the Client in the performance of this Reservation and making all arrangements therewith necessary or appropriate, including without limitation to scheduling

4.    - J A Nichols shall not be liable for any loss of or damage to Clients passengers’ physical person or personal property while in the care, custody, control or possession of each such Carrier unless such loss or damage is attributable solely to the gross negligence or willful misconduct of J A Nichols in connection therewith

5.    - Such other related services as may be mutually agreed upon in writing, for which the Client agrees to pay for any and all appropriate charges, therefore.

6.    - Client will be financially responsible for any and all additional costs, cancellation fees, rate adjustments or losses of monies incurred, due to additions, cancellations or changes made. Additionally, Client will also be responsible for any tolls, parking, fees, fuel surcharges and/or tariff adjustments, originally shown on the Reservation or added after completion of the Reservation Services, incurred in the execution of the Reservation.

 

Service Levels 

 J A Nichols agrees to utilize its reasonable and best efforts in maintaining the following service levels, subject to the Force Majeure clause herein and market conditions beyond the reasonable control of J A Nichols:

1.    - Secure requested vehicles, staff and contractors as per the Reservation at time of execution

2.     - Provide timely adjustment requests to Carriers, Staff, and/or Contractors for changes in itineraries, based upon availability of such by said Carriers, Staff, and/or Contractors at time of request by Client

3.     - Obtain additional vehicles, additional hours of vehicle use, Staff or Contractors as requested by Client, based upon availability of such at time of request by Client

4.     - Provide the services described in Transportation Services above.

 

Non-Solicitation. Client shall not directly, including through an alternative third-party intermediary, affiliate, competitor or colleague; approach, canvass, solicit, market to or do business with any Carrier, Contractor or Staff of J A Nichols with whom the Client has/had business contact, or knowledge of, by way this Reservation, whether or not an order was placed and/or completed with Carrier, Contractor or Staff for Services by J A Nichols, during the Term of this Reservation.

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Force Majeure. Neither the Client nor J A Nichols, its representatives, agents, Staff, Carriers or Contractors, shall be liable to the other for default in the performance or discharge of any duty or obligation under this Reservation when caused by acts of God, public enemy, corruption, labor disputes and disorders, lockouts, strikes, work stoppages or other difficulties within the work force, weather events such as: fire, floods, windstorms, earth quakes, tidal waves, tornadoes, hurricanes, civil commotion, closing the public highways, intentional or malicious acts of third persons or any other governmental interference or regulations and other contingencies beyond the reasonable control of the affected party.

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Indemnification: Client agrees to hold harmless and indemnify J A Nichols in the event of any incident or accident NOT directly associated to Service provided by J A Nichols as listed in the Transportation Services section of these Terms and Conditions, including those Services provided by Carrier(s) and/or Contractor(s) acquired by J A Nichols in service of this Reservation.

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Liability and Limitation of Damages a. Subject to the limitations of liability set forth herein, J A Nichols shall only be liable for any loss or damage received by Client to the extent of its own gross negligence or willful misconduct. This section shall set forth Clients’ exclusive remedy for any claim for loss of or damage. In the event of any liability of J A Nichols for loss of or damage, the maximum liability of J A Nichols for such loss shall be the manufacturer’s cost of the products involved unless the Client expressly states an excess valuation, whereupon the Client shall pay any additional charges related to such declaration. Furthermore, neither party shall in any case be liable for any indirect, special, incidental, consequential, punitive, and/or other extraordinary damages of any kind resulting from or in any way related to the Reservation, whether based on contract, tort or any other legal theory.

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Insurance: If requested by Client, J A Nichols will respectively deliver to Client, certificates of insurance evidencing coverage for professional liability with limits of no less than One Million Dollars ($1,000,000.00); comprehensive general liability, with limits of no less than One Million Dollars ($1,000,000,00) combined single limit; and excess umbrella liability with limits of no less than Five Million Dollars ($5,000,000.00).  The insurance certificates must list Client and its parents, affiliates, employees and assigns as additional insured and must state that Client will be provided at least thirty (30) days advance, written notice of a cancellation or modification of the insurance.  

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Carrier insurance certificates will be maintained by J A Nichols and will be accessible for any Carrier involved in an incident or accident where Client is involved.  

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Cancellations: Client may cancel a Reservation with no fees or penalties up until thirty (30) days prior to the service start date, except for Management and Contractor fees listed below. Within thirty (30) days of the travel date on the Reservation, the following cancellation fees apply if not induced by Force Majeure* criteria: 

 

Sedans and SUVs 

25% fee is charged between seven (7) and five (5) days prior to the travel date on the Reservation 

50% fee is charged between five (5) and three (3) days prior to the travel date on the Reservation 

All Reservations are non-refundable within three (3) days of the travel date on the Reservation 

 

Medical emergencies and extreme weather-related cancellations are exempt and are refundable at any time, up to the day travel, with at least three (3) hours’ notice prior to scheduled pick up. If a flight has been cancelled due to weather by the airline, the Reservation may be rebooked without penalty with at least three (3) hours’ notice prior to scheduled pick up.   

 

 Sprinters/Vans, Minibusses, Motor Coaches, Trolleys… 

25% fee is charged between thirty (30) and fifteen (15) days prior to the travel date on the Reservation 

50% fee is charged between fifteen (15) and seven (7) days prior to the travel date on the Reservation 

All Reservations are non-refundable within seven (7) days of the travel date on the Reservation 

Extreme weather-related cancellations are exempt and are refundable up to two (2) days prior to the travel date on the Reservation. If passengers’ flight has been cancelled due to weather by the airline, the Reservation may be rebooked without penalty with at least five (5) hours’ notice prior to scheduled pick up. 

 

Management Fees* 

For events - $150.00 for each estimated hour previously consumed by J A Nichols in the preparation and/or production of the Reservation will be assessed for time worked.  For travel and on-site days, $600.00 per day/per person will be assessed for each day spent. All travel related expenses will be charged at cost for all travel completed and/or fees assessed by vendors for cancellations. These fees and expenses are exempt from Force Majeure. 

 

On-site Staff 

30% of balance due if cancelled within  seven (7) days of Reservation start date.  

50% of balance due if cancelled within three (3) days of Reservation start date. 

 

Contractors* 

Contractor cancellation fees will be billed as assessed to J A Nichols by the Contractor. These fees and expenses are exempt from Force Majeure if J A Nichols is charged cancellation fees by Carriers and/or Contractors that cannot be relieved. 

 

The above Cancellation policies do not apply to high demand major events or in locations where high demand major events are being held during a Reservation.  Cancellation policies for these events or locations are more stringent and are assigned on a case-by-case basis by event and location.  Such events include but are not limited to: Super Bowl, PGA tournaments, MLB World Series, major sporting events, Consumer Electronics Show, political engagements…etc. 

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*J A Nichols management reserves the right to suspend any or all Management Fees cancellation fees for a Reservation at its discretion.

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Payments: Payments are to be made in accordance with the Payment Terms or other written section pertaining to payments and deadlines of the Reservation. Payments may be made by wire or ACH deposit according to J A Nichols Wire and ACH instructions or via electronic links provided on invoices, where available, with associated costs to be paid by the sender, corporate check if the booking date is greater than 21 days prior to the travel date on the Reservation and must be received no later than 14 days prior to the travel date on the Reservation, or credit card. Credit card transactions will be charged a convenience fee of 3.75% of the Reservation or Invoice balance. All Reservations require payment in advance, unless otherwise noted by “Direct Bill/Invoice” in the Payment Terms on the Reservation (though these may still require payment in advance per J A Nichols requirement), or unless otherwise authorized by J A Nichols management in writing.

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If paying by credit card, being the cardholder or their duly established agent or representative, by requesting the execution of this Reservation, Client understands and agree to the terms set forth in this agreement, agrees to pay, and will not now or at any future date dispute such charges with the credit card issuer, and specifically authorize J A Nichols to charge the credit card presented, for the Services provided.  J A Nichols will provide an itemized statement detailing all charges, if requested in addition to this Reservation.  Client further agrees that in the event the Client credit card becomes invalid, Client will provide J A Nichols with a new valid credit card upon request, to be charged for the payment of any outstanding balances owed to J A Nichols.

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By accepting the Services listed in the Reservation, Client acknowledges and agrees to pay for any and all charges for this Reservation as assigned by J A Nichols. The Client hereby warrants and represents he/she has the authority to legally bind the Client as set forth herein.

 

Driver's Hours of Service: Driver's Hours of Service are regulated by the government in location in which services are being provided. In the United States the maximum time allowed is 10 hours of driving behind the wheel (including time to drive to the pick-up location if in a commercial motor vehicle and the time to return that vehicle to its final point at the end of the day) and 15 hours total working time, including pre-trip and post-trip vehicle inspections. Meeting either of these two criteria requires the driver to have 8 consecutive hours off-duty with work related responsibilities before they can begin work again. Any itinerary requests or needs that surpass the limits of these regulations will, by law, require the addition of another driver and the Client is responsible for all costs associated with such. 

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SMS Messaging: By way of acceptance and/or execution of Reservation(s), the Client agrees to opt-in to SMS messaging on behalf of the Client, and all passengers or assigns whom the Client has presented J A Nichols with mobile numbers, to the extent of receiving Reservation status information or communications related to the Reservation. If Client chooses to opt-out of SMS messaging regarding Reservations, Client must text STOP to 888-585-1444 and does so of its own free will knowing that Client nor passengers or assigns will no longer receive pertinent critical Reservation information including chauffeur information and status updates. 

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Term: The term of this Reservation is for 24 calendar months from the first date of booking as indicated on the Reservation.

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Exclusions: This Reservation governs all Services and Reservations, except those protected and/or governed by other specifically executed Agreements between J A Nichols and a specific Client, that is in force at the time Services are performed.

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Governing Law: This Reservation shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America.