TERM OF SERVICE Last Revised: September 27, 2024 INTRODUCTION Welcome to the https://www.bookinglane.com/ website (the “Site”), which enables your use of the Bookinglane Platform (as defined below). The Site is owned and operated by Bookinglane, Inc. (“Bookinglane”, “we”, “us” or “our”). Please read these Terms of Service (“Terms of Service”) carefully;theyareabindingagreementbetweenyouandBookinglane,anditssubsidiaries, representatives, affiliates, officers and directors, concerning your access to and use of the Services (as defined below). In these Terms of Service, the words “you” and “your” refer to each Site visitor or mobile app user. BYACCESSING,BROWSING, OR OTHERWISE USING THE SITE, YOU REPRESENT THAT: (I) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF SERVICE, (II) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BOOKINGLANE, AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE. PLEASEREADTHESETERMSOFSERVICECAREFULLYASTHEYCONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND BOOKINGLANE, INCLUDING THE ARBITRATION PROVISION IN SECTION 16 BELOW. THE ARBITRATION PROVISION REQUIRES YOU TO RESOLVE ALL DISPUTES WITH BOOKINGLANEONANINDIVIDUALBASISAND,WITHLIMITEDEXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. THESE TERMS OF SERVICE OUTLINE HOWSUCHCLAIMSARERESOLVED,INCLUDING,WITHOUTLIMITATION,ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IMPORTANT: PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS OF SERVICE YOU ARE ACKNOWLEDGING AND AGREEING THESE TERMS OF SERVICE REQUIRE THEUSEOFARBITRATIONONANINDIVIDUALBASISTORESOLVEDISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
It is your responsibility to review these Terms of Service periodically to familiarize yourself with any updates or modifications. If at any time you find these Terms of Service unacceptable, or if you do not agree to these Terms of Service, please do not use this Site. We reserve the right to revise these Terms of Service at any time, without notice to you, by posting a new version of these Terms of Service to the Site. By continuing to use or log in to the Site after these Terms of Service have changed, you indicate your agreement to the changes. If you do not agree to the changes, you must stop using or logging in to the Site. Termination Bookinglane, in its sole discretion, may immediately terminate these Terms of Service or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Modification Bookinglane reserves the right to modify these Terms of Service or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms of Service through the Services or Bookinglane’s website. You should regularly review these Terms of Service, as your continued use of the Services after any such changes constitutes your agreement to such changes. General Practices Regarding Use, Storage and Service Access You acknowledge that Bookinglane may establish from time to time general practices and limits concerning use of the Services, including without limitation, establishing the maximum amount of storage space you have on the Services at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Bookinglane hasnoresponsibilityorliabilityforthedeletionorfailuretostoreanymessagesandother communications or other Content maintained or transmitted by the Services. As a condition of use for this Services, you agree that, in the event of an error with your Services, a Services technician shall be permitted to access your Content as necessary to resolve the problem. You acknowledge that Bookinglane reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Accessing Our Services Our mobile applications are available for download on various app stores. You can download and access our Bookinglane app from the following links: ●Download on the App Store(Apple iOS) ●Get it on Google Play(Android)
By downloading our app from these platforms, you agree to their respective terms and conditions and privacy policies, which may include additional terms regarding data collection and usage. Please review these terms and policies carefully. AGREEMENT TO OUR TERMS OF SERVICE 1. Service Description We operate the Site as well as any other related products and services that refer or link to these Terms of Service. This includes Bookinglane’s software-as-a-service, online platform and applications for web and mobile devices (collectively referred to as “apps” or “applications”). All of these methods are part of the “Bookinglane Platform.” The Bookinglane Platform is a proprietary online platform that integrates third-party online platforms and apps. It offers private chauffeur services, allowing users to search for, book and reserve transportation services online from point A to point B, on an hourly basis, or as a charter service. The Bookinglane Platform, together with the transportation services it offers, is collectively referred to as the “Services.” 2. Online Reservations and Communications 2.1.Agreement to Communications: By making reservations online for the Services, creating an account, providing your email address or phone number, or by accessing the Bookinglane Platform, you expressly consent to receive electronically any communications from Bookinglane related to your use of theSiteorServicesforpurposesofcommunication,bookingmodifications,confirmations,and cancellations, company surveys and news. We may communicate with you by email, chat, text/SMS or by posting notices on the Site, and such communications may be autodialed, and data rates may apply. The frequency of such communications may vary. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address or mobile number you provide to us. Please note that by submitting content, creating a user account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy. If we determine, in our sole discretion, that you have acted inappropriately, we reserve the right to prohibit you from using the Services or access to the Site and, if we deem necessary, take appropriate legal actions.
In the event that you choose to use the email and/or the text/SMS features, you represent and warrant that you have a current relationship with each person to whom an email or text message is to be sent. You are solely responsible for ensuring that the email and/or text/SMS feature(s) are utilized in a manner that complies with local, state, and federal laws, rules, and regulations.This includes, but is not limited to, compliance with applicable email and telemarketing laws such as theCAN-SPAM Actand Telephone Consumer Protection Act, 47 U.S.C. § 227, the EU ePrivacy Regulation, and comparable state laws. Moreover, you represent and warrant that each person to whom an email and/or text message is to be sent has specifically granted you permission to do so by whatever technology you choose; and opt-outs are provided pursuant to applicable law, rule or regulation.You are responsible for the content and will be identified as the sender of each email and/or text message sent on your behalf. You acknowledge that you are responsible for obtaining any and all permissions required to use the Service’s email and text/SMS features. 2.2.Opting Out: Users may unsubscribe from receiving such communications by replying with “STOP” from the mobile device receiving the messages or following the unsubscribe link provided in emails at any time. Opting out of communication may affect your ability to receive essential service-related notifications. Further opting out information can be found on our Privacy Policy. Our mobile application does not provide options to manage or update notification preferences. Users can only adjust their notification settings through the notification center on their mobile device. We do not control or have access to modify these notification settings within our application. It is the user's responsibility to manage their desired notification preferences directly through their device's operating system settings. Text messages between you and third-party providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your account, Bookinglane may contact you using any of the contact information you provided in connection with your account (including via text or voice-recorded message). 3.Pricing and Charges 3.1.Additional Charges: All prices, discounts, and promotions posted on the Site are subject to change without notice or liability to you. The total amount for the Service is subject to additional charges, which may include but are not limited to: ● Additional wait time based on the hourly rate and type of vehicle. ● Extra stops based on distance and time.
● Cleaning fees starting from $250. ● Puke cleaning fee starting at $500. ● Damages to the vehicle, with charges determined based on the extent of the damage. Further additional charges are described below in detail. We reserve the right to make any changes to the additional charges. The following items are prohibited from Bookinglane vehicles: alcoholic beverages, glass containers, smoking, firearms, explosives, weapons, and fireworks. Consumption of food and non-alcoholic beverages is only permitted if requested in advance and expressly approved by the chauffeur prior to the ride. For the safety and comfort of all riders, as well as to comply with applicable laws and regulations, the following items are strictly prohibited inside any Bookinglane vehicle: alcoholic beverages, glass containers of any kind, smoking or vaping products including cigarettes/cigars/e-cigarettes, firearms, explosives, weapons of any type including but not limited to guns, knives, blades, clubs or self-defense items, and fireworks or other pyrotechnic devices. Riders found in possession of any such prohibited items may have their ride terminated immediately and face accountability including potential legal action. Bookinglane has a zero-tolerance policy regarding these prohibited items in our vehicles. We reserve the right to inspect riders' belongings for prohibited items and to report any suspected violations to proper authorities.ByusingBookinglane’sServices,youagreetostrictlyabide by these policies and acknowledge our right to enforce them as necessary. The price charged for a service will be the price in effect at the time the order is fulfilled and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Each Service provided to you, any additional stops or waiting time not previously agreed to in advance will incur additional charges as may be determined from time to time by the Company. Any changes of destination, drop-off or pick up locations (“Last Minute Changes”) shall subject you to additional fees if such Last Minute Changes are requested within two (4) hours of pickup and/or drop off. We reserve the right to accommodate you upon such Last Minute Change request in a reasonable and professional manner that it deems in good faith to be appropriate. However, upon acceptance of such Last Minute Change, you will be surcharged per Company’s standard hourly rate. 3.2 Pet Charges We love all four and two legged pets, but, with any pet, there is risk of damage and added mess to our drivers and vehicles, such as feces, animal odor or heavy shedding. For any trip where we approve a pet
to join you on your journey, you will be responsible for properly securing the animal with a leash, harness, crate / carrier, or through other means. You are also responsible for ensuring that the animal does not cause damage or a mess in or to our vehicle. A pet surcharge will be applied automatically and assessed if the animal makes an excessive mess or causes damage while being transported with you during a ride you request under your account. We reserve the right to refuse the carriage of animals which was/were not agreed to, including animals which are not contained in a closed and suitable transport box. UnderTitleIoftheAmericanDisabilitiesAct,serviceanimalsareconsideredareasonable accommodation, however, you must provide such notice ahead of making the reservation for Services. See below for further details on our service animal policy. Pets are allowed in certain vehicles with a prior approval of a chauffeur. If the pet weighs more than 15 pounds, then they must be placed in a kennel crate. Small pets must be leashed or placed in a carrying case and must not travel in the seat next to your chauffeur. Please note that certified service animals do not need to be placed in a crate. To ensure a smooth ride for bothyouandyourpetitisbesttoleavenotesbeforehandwhen making your reservation at www.bookinglane.comor via mobile app to make arrangements so we match you with a pet-friendly chauffeur. 3.3 Service Animal and Assistive Device Policy (United States) Service Animals State and federal law generally prohibit transportation providers from denying service to riders because of their service animals, and from otherwise discriminating against riders with service animals. For this reason, and because it’s the right thing to do, Bookinglane’s policy also prohibits our drivers who use the Bookinglane Platform from denying service to a rider because of the rider’s service animal. There are no exceptions to this policy due to allergies, religious objections, or a generalized fear of animals. Any of our drivers who engage in discriminatory conduct in violation of Bookinglane’s policy may lose their ability to use the Bookinglane Platform. Bookinglane will make this determination in its sole discretion following a review of the incident. What is a Service Animal? A service animal is an animal that is trained to work or perform tasks for an individual with a disability.
If a driver is not sure if a rider's animal is a service animal, you can always ask if it is a service animal, and what tasks the animal is trained to perform. Consistent with legal requirements, service animals are not required to wear a tag, be registered, or display any kind of proof that it is a service animal. Riders are not required to provide documentation to drivers. How to Report a Service Animal Complaint If you as a rider, have an issue related to your service animal—including issues regarding ride cancellations, harassment, or improper cleaning fees—Bookinglane kindly requests that you please report the issue to Bookinglane at info@bookinglane.com. Once a rider submits a service animal report, Bookinglane’s specialized support team endeavors to investigate each and every complaint and take appropriate action in accordance with these Terms of Service. We investigate and take action against false claims. Our teams proactively monitor the platform for fraud and we are continuously implementing new processes and technology to identify and prevent fraudulent activity. Any report we find to be related to fraud would not affect a driver’s account. Cleaning Fees Riders with service animals are not required to pay cleaning fees for hair or shedding from a rider's service animal, and drivers are not entitled to such fees. If you are a rider with a service animal, and you are charged a cleaning fee for your service animal's hair or shedding, you may be eligible for a refund. Please let us know, and we will process your request according to our Pricing Policy. Assistive Devices The law generally prohibits transportation providers from denying service to a person with a disability who can get into the vehicle on their own, and also prohibits transportation providers from refusing to assist with the stowing of assistive devices, like folding wheelchairs, walkers, crutches, and canes, as they would any other luggage. For this reason, and because it’s the right thing to do, Bookinglane’s policy prohibits drivers who use the Bookinglane Platform from refusing service to a rider with a disability who
can get into the vehicle on their own and from refusing to assist with stowing assistive devices like folding wheelchairs, crutches, canes and walkers. How to Report an Assistive Device Issue Ifyouhaveanissuerelatedtoyourassistivedevice—includingridecancellationsor harassment—BookinglanerequeststhatyoupleasereporttheissuetoBookinglaneat info@bookinglane.com. 3.4 Child and Infant Seat Charge Should you require an infant seat in any of our vehicles to facilitate in the Services, you must make such special request prior to the commencement of the Services, and at the moment of making a reservation or via itinerary sent through e-mail toinfo@bookinglane.com. At each request for an infant seat, you shall be charged extra fees up to fifty dollars ($50) depending on the vehicle. We do not permit the transport of children without the requisite safety seats. The need for safety seats for children should be requested by you as an additional comment by specifying the number and age of children to be transported as well as the required type of seating. Further, if you do request a ride option with a child restraint system, please note that Bookinglane is not responsible for the safety of a child restraint system that may be available in our vehicles. It is your obligation to ensure that the child restraint system is installed correctly and that the child is properly secured in the child restraint system. Please refer to your state’s laws regarding specific height, age, and weight requirements for using child restraint systems. Bookinglane provides child seats upon request, where available, for an additional fee of up to $50 per seat, depending on the vehicle, which will be reflected in a total price. Parents and guardians of children traveling in Bookinglane vehicles are responsible for installing any child safety seats. Due to liability insurance restrictions, the chauffeur cannot install a child seat. 3.5 Refund Policy and Additional Fees We strive to ensure customer satisfaction. If you are not satisfied with our Services, please refer to our refund policy in this section. This policy complies with applicable consumer protection laws and provides clear guidelines for requesting refunds.
You agree to pay the then-current non-refundable transaction fees associated with the level of Services you choose. One-Way and Round-Trip Reservations: These reservations are non-refundable if canceled within 4 hours or less of the scheduled pickup time. Hourly Reservations: Hourly bookings are non-refundable if canceled within 12 hours of the ride start time. Sprinter Van Reservations: Sprinter Van Reservations for group travel are non-refundable if canceled within 24 hours of the ride start time. Special Event Reservations: For corporate events, multiple vehicle reservations, and other customized bookings, cancellations are non-refundable if made within 14 days of the scheduled event date. Last-Minute Reservations: Reservations made within 4 hours of the scheduled pickup time are considered “last-minute” reservations and are non-refundable once the booking is confirmed and a driver has been assigned. In the event of a no-show, defined as the failure to appear at the scheduled pickup location within 15 minutes of the scheduled pickup time for standard reservations, or 60 minutes for airport pickups, without any written notice or proof of cancellation provided within the allowable cancellation timeframe, the full cost of the reservation is non-refundable. Please note that in the event of any cancellation, even if requested within the allowable time frame, transaction fees charged by our Payment Processor Stripe are non-refundable. We recommend carefully reviewing the details of your reservation prior to booking. Fees are incurred at the time of reservation, so cancellations beyond the stipulated periods cannot be refunded Additional fees may apply for: (i) optional add-on features to the Services; (ii) or as otherwise stipulated in these Terms of Service. Non-payment of fees due to Bookinglane are grounds for suspension of service. While Bookinglane will make attempts to inform the customer of a fee collection issue; Bookinglane reserves the right to suspend service without notice for non-payment of fees. If service is suspended for non-payment of fees; payment of a $50 reactivation fee in addition to any past due fees will be required to reactivate service. If you believe a payment has been processed in error, you must provide written notice to Bookinglane within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by Bookinglane within such thirty (30) day period, the payment will be deemed final.
Fees include taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Fees also include gratuity but do not include parking, tolls, valet charges, extra waiting time or any additional charges in section 3.1. Our pricing for travel to and from major cities and airports is variable and determined by multiple factors. We do not offer standardized flat-rate fees. The applicable fare is calculated based on the specific pickup and drop-off locations, the vehicle type requested, the time of pickup, and seasonality/time of year. Fares are subject to change dynamically depending on these variables. Complimentary Wait Time: For regular non-airport pickups, we provide 15 minutes of free wait time. For airport pickups after domestic and international flights, the complimentary wait period is extended to 60 minutes. Please note the extended 60-minute grace period applies only to arrivals and not departures. Variable Wait Fees: After the applicable complimentary wait time, incremental wait fees will apply. These per-hour wait fees can range from $50 to $225 for every 60 minutes of additional waiting, depending on the city and vehicle type selected. Vehicle Options: Our platform offers four vehicle categories with varying hourly rates and wait fee structures: ●Premium Sedan ●Premium SUV ●First Class Sedan ●Sprinter/Van The specific hourly rate and per-hour wait fee will be determined by and displayed for the chosen vehicle category on your reservation. Vehicle Damage:You are responsible for any damages to the vehicle caused by you during the reservation. Charges will be assessed and determined based on the extent of the damage and will be billed accordingly. You agree to cover all repair costs and any associated fees resulting from the damage. 3.6 Stop Charges Any additional stops made during the reservation that extend the distance or time of the trip will be billed to the customer based on the hourly rate of the vehicle. Before proceeding with any extra stops that may incur additional charges, the chauffeur will provide a full disclosure of the anticipated costs and obtain your oral or written consent to proceed.
3.7 Stop Rules Stop charges only apply if the pricing type is “FLAT”. Stop charges are never applied to hourly pricing. Stops must be “on route” to the drop-off location. In the same general direction or area. If the stop is out of the direction of travel or in a different service area the job must be booked hourly. There is a two-added stop limit on a transfer. If more stops are requested the job must be booked hourly. If the pickup address and the drop-off address are the same and there is a stop added, this is an Hourly reservation. There are no free stops on a flat rate transfer reservation. If you make a flat-rate reservation with an added stop, the system will add the stop price to the estimated ride total automatically. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 3.8 Hourly Rides Rides between locations to which a flat-rate does not apply will be billed for the time the vehicle and chauffeur are at your service. The vehicle hourly rate will apply. Hourly rides are billed per hour at the chosen vehicle prevailing hourly rate. Final charges are based on actual ride duration, plus garage to garage time. Garage time (positioning) is the cost incurred for the vehicle and chauffeur to travel to your pickup location and to return from your drop-off point. The minimum garage to garage time is 15 minutes. Each hour includes 15 miles of travel. If the ride exceeds the allotted time or mileage, our system will automatically apply additional charges based on the vehicle’s hourly rate for both extra time and mileage. Please note that we do not round down for hourly services. Hourly rates do not include tolls, parking, and other miscellaneous charges per section 3.1, which will be added if applicable, upon ride completion. 3.9 Misplaced Property Neither Bookinglane, nor any of its subcontractors or affiliates, shall be liable for or assume any liability or responsibility whatsoever for any lost or misplaced personal property or any other item left in a vehicle. In no event will Bookinglane or any of its subcontractors or affiliates be liable or responsible for
damages of any kind caused by any delay in performance or failure to perform, in whole or in part, any of their obligations in connection with the services, where such delay or failure is due in part to fire, earthquake, weather, traffic, road construction, strikes, government-sanctioned embargo, flood, act of God, pandemic, endemic, reasons related to Covid-19, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay caused by any air or ground passenger carrier, or any other circumstances beyond the reasonable control of Bookinglane, its subcontractors or affiliates. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 4. Company Discretion 4.1. Acceptance of Bookings: Bookinglane reserves the right to accept or reject any booking request at its sole discretion. 4.2. Chauffeur Assignment: Bookinglane has the sole discretion in assigning and changing chauffeurs to bookings. 4.3. Vehicle Type and Upgrades: Bookinglane reserves the right to provide an alternative vehicle based on availability and operational needs. Depending on the regional availability of the vehicle, you can choose from different vehicle classes for their ride request (for example, “Business Class”, ”Business Van/SUV”, ”First Class”, “Sprinter Class” or “Electric Class”). The vehicles shown within the framework of the Bookinglane Platform are only illustrative examples. There is no right to a particular vehicle model associated with a booked vehicle class; in particular, regional differences are possible. Please note that we reserve the right to upgrade from a certain vehicle class to a higher end vehicle class, i.e., “Business Class” to a higher vehicle class (such as “Business Van” or “First Class”) at any time at no additional cost for the user depending on availability, and subject to our sole discretion. 4.4. Service Modifications: Bookinglane can modify or discontinue its services at its discretion without prior notice. 4.5 Handicapped Assistance: We do our best to accommodate all requests for accommodations pursuant to the American with Disabilities Act. For any special needs, please make the request at the time of reservation via our platform whereby you book Services. 4.6 Luggage Assistance:The maximum number of guests and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of guest and luggage. These are therefore
not binding. We reserve the right to refuse the carriage of guests or luggage if we believe they compromise the space and/or safety conditions. Excess luggage, bulky luggage such as a wheelchair, weapons or animals that you wish to carry along must be specified during the booking. We may refuse the transport of luggage, weapons and/or animals that have not been agreed upon. Please note that this policy also applies to those animals that are not housed in a closed and suitable transport box. However, where statutory laws or regulations permit accommodation, we will accommodate accordingly. 5. Liability 5.1. Limited Liability: Bookinglane’s liability for service-related issues is limited to the booking cost. Bookinglane operates as a platform connecting users with third-party chauffeur companies and does not hold legal, financial, or insurance liability for any accidents, damages, or incidents that may occur during the ride, whether the vehicle is in motion or at a stop. All chauffeur services are provided by independent, reputable third-party companies that carry their own commercial liability insurance. Consequently, any claims for liability or damages arising during the ride must be directed to the specific chauffeur company responsible for providing the service. By using our platform, you acknowledge and agree that Bookinglane is not liable for any claims, losses, or damages, including but not limited to personal injury, property damage, or other incidents, and that all such matters are the responsibility of the third-party chauffeur company. 5.2. Safety: Bookinglane is committed to passenger safety but cannot be held liable for unforeseen incidents or accidents beyond its control. For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident. 6. User Responsibility 6.1. Behavior: Users are expected to behave respectfully and safely. Disruptive behavior may result in service termination without refunds.
6.2. Compliance: Users must comply with all local laws and regulations during the journey. 7. Reporting and Feedback 7.1. Service Issues: Users are encouraged to report any service-related issues to Bookinglane as soon as possible for timely resolution. 7.2. Discretionary Rights: Decisions made by Bookinglane regarding service issues, charges, and policies are final and binding. IfyouhaveanyquestionsorcommentsabouttheseTermsofService,youcanemailusat info@bookinglane.com, or by mail to 447 Sutter St, STE 405, San Francisco, CA 94108, United States. It is your responsibility to review these Terms of Service periodically to familiarize yourself with any updates or modifications. If at any time you find these Terms of Service unacceptable, or if you do not agree to these Terms of Service, please do not use this Site. We reserve the right to revise these Terms of Service at any time, without notice to you, by posting a new version of these Terms of Service or documents and conditions to the Site. By continuing to use or log in to the Site after these Terms of Service have changed, you indicate your agreement to the changes. If you do not agree to the changes, you must stop using or logging in to the Site. The Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Services. TABLE OF CONTENTS 1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. USER REGISTRATION AND RESPONSIBLE USE AND CONDUCT 5. PURCHASES AND PAYMENT 6. CANCELLATION 7. PROHIBITED ACTIVITIES 8. USER GENERATED CONTRIBUTIONS 9. CONTRIBUTION LICENSE 10. GUIDELINES FOR REVIEWS 11. SERVICES MANAGEMENT 12. PRIVACY POLICY AND GEOGRAPHIC RESTRICTIONS 13. TERMINATION OF USE AND ACCESS 14. MODIFICATIONS AND INTERRUPTIONS 15. GOVERNING LAW 16. DISPUTE RESOLUTION 17. CORRECTIONS 18. DISCLAIMER 19. LIMITATIONS OF LIABILITY 20. INDEMNIFICATION 21. RELATIONSHIP OF PARTIES 22. USER DATA 23. THIRD-PARTY SITES 24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS 26. ACCESSIBILITY 27. MISCELLANEOUS 28. CONTACT US 1.OUR SERVICES The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 2.INTELLECTUAL PROPERTY RIGHTS 2.1 Intellectual Property All content, features and functionality, and material available on the Site our mobile apps, the Services, including but not limited to text, software, displays, audio and video, graphics, photographs, website name, code, databases, functionality, images, logos, and the design, selection and arrangement thereof (the “Content”), well as the trademarks, service marks, and logos contained therein (the “Marks”), is the intellectual property of Bookinglane, or its licensors and is protected by applicable United States and international copyright, trademark law, patent, trade secret and other intellectual property or proprietary rights laws. All intellectual property rights are reserved by Bookinglane. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Site without also clearly crediting Bookinglane as the source is strictly prohibited, unless specifically authorized by Bookinglane. No license or other rights are granted except as expressly stated in these Terms of Service. You may not remove, alter, or obscure any proprietary notices on the Site. TheContentandMarksareprovidedinorthroughtheServices"ASIS"foryourpersonal, non-commercial use or internal business purpose only.
2.2 Your Use of Our Services Subject to your compliance with these Terms of Service, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable license to: ● access the Services; and ● download or print a copy of any portion of the Content to which you have properly gained access; solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Terms of Service, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms of Service, please address your request to:info@bookinglane.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Terms of Service and your right to use our Services will terminate immediately. 2.3 Your Submissions Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use anddissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you: ● confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; ● to the extent permissible by applicable law, waive any and all moral rights to any such Submission; ● warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and ● warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 2.4 Intellectual Property Infringement Policy If you believe that any content on our Services infringes your copyright or other intellectual property rights, please notify us in accordance with theDigital Millennium Copyright Act(DMCA) by providing the following information to our Designated Agent at info@bookinglane.com: ●A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ●Identification of the copyrighted work claimed to have been infringed. ●Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. ●Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address. ●A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. ●A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 3.USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 4.USER REGISTRATION AND RESPONSIBLE USE AND CONDUCT By creating an account, visiting the Site and accessing the information, resources, Services, products, and tools we provide for you, either directly or indirectly, you agree that you are 18 years of age or older and to use these Services only for the purposes intended as permitted by (a) these Terms of Service, and (b) applicable laws, regulations, and generally accepted online practices or guidelines. Minors You may not authorize third-parties to use your account, and you may not allow persons under the age of 18 to use the Services unless they are accompanied by you or an adult. However, we may offer parents and guardians the ability to create accounts for their children. If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms of Services apply to you and you are responsible for your child’s activity on the Services. If you are under the age to obtain an account, you must have your parent or legal guardian’s permission to use an account and accept any additional terms required in connection with your access and use of the Services as a minor. Please have your parent or legal guardian read these additional terms with you. Please note: if there is an incident involving minors, in addition to any mandatory reporting obligations, Bookinglane may also proactively report incidents to the applicable authorities. Network Access and Devices You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Bookinglane does not guarantee that the Services,
Bookinglane Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. Bookinglane is not responsible for any resulting delays, delivery failures, or damage, loss, injury or death. You may be required to register to use the Services. During the configuration and set-up process, You may have to identify an administrative username and password for your account. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s).You will be responsible for all electronic communications, including account registration and other account holder information,emailandfinancial,accountingandotherdataincludinganycontent(“Electronic Communications”) entered through or under your access number(s), password(s) or account number(s). Bookinglane will act as though any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will have been sent by you. You agree immediately to notify Bookinglane if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s). You agree to keep your password confidential and will be responsible for all use of your account(s) and password(s). We reserve the right to, in our sole discretion, refuse registration of, or cancel, remove, reclaim or change usernames and passwords we deem inappropriate, obscene, or otherwise objectionable. Wherein, you understand that: (a) In order to access our Services, you may be required to provide certain registration details or information about yourself (such as identification, contact details, etc.) as part of the registration and account set up process, or as part of your ability to use the Services. It is a condition of your use of the Services that all the information you provide on or to the Services is accurate, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on or through the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with a username, password, account or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. Additionally, you are prohibited from selling, trading or transferring your account to another party without our express written permission. If you do not quality, you may not use Services. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, account or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. (b) By accessing and using our Services, you acknowledge and agree that the Services are not intended for the handling or storage of sensitive information. The Services are designed for general use and is not equipped to meet the specific security and compliance standards associated with sensitive data. You further agree not to submit any sensitive information to us. Sensitive information includes, but is not limitedto,confidentialdata,personallyidentifiableinformation,financialdetails,oranyother information requiring heightened security measures. You agree and acknowledge that we will not be held responsible for any information, including but not limited to sensitive information, that you choose to submit through the Site. Users are solely responsible for assessing the appropriateness and security of the information they provide. (c) The Site content is for general information and noncommercial purposes only and does not constitute advice on any specific matter, including legal advice. While Bookinglane makes every effort to ensure that the website content is accurate and up to date, no representation or warranty, express or implied, is made as to the accuracy or completeness of any website content. (d) You may not scrape or otherwise use any information, content, or material on the Site. You also may not create frames around the Site pages or use other techniques that alter in any way the visual presentation or appearance of the Site. You may not cause the Site or portions of the Site to be displayed, or appear to be displayed by, for example, deep linking or in-line linking, on any other site. Using the Site does not give you ownership of any intellectual property rights to any content you access. (e) Accessing (or attempting to access) any of our Services by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any illegal, unethical, or unconventional means. (f) Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited. (g) Attempting to license, sublicense, publish, distribute, modify, copy, duplicate, modify copies of any materials from the Site, reproduce, sell, trade, or resell our Services, or sell, resell, rent, sublicense, copy, publish, display, distribute, modify, link to, or make derivative works of any content on the Site is strictly prohibited. (h) Any of the following is prohibited and you must not: (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site; (iii) reverse engineer, decompile, disassemble, modify or create works derivative of the Services, except to the extent expressly permitted by applicable law; or (iv) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer
the Services, or directly or indirectly permit any third party to copy and install the Services on a device not owned and controlled by you. (i) You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. (j) You may not use the Site in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Site or any features on the Site. Export Control and Sanctions Compliance You agree to comply with all applicable export control and sanctions laws, including, but not limited to, the U.S. Export Administration Regulations and the sanctions programs administered by theU.S. Department of Treasury’s Office of Foreign Assets Control(OFAC). You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist-supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties. 5.PURCHASES AND PAYMENT 5.1 Credit Card Payments We accept the following forms of credit card payments (“Credit Card Payments”): ●Visa ●Mastercard ●American Express ●Discover We may also allow you to purchase Services using a debit card (together with Credit Card Payments, “CardServices”).Youagreetoprovidecurrent,complete,andaccuratepurchaseand account information for all purchases made via the Card Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. 5.2 Payment Processor Payment must be received by us before our acceptance or use of our Services. We use a third-party payment processor (the “Payment Processor”) to link your credit card account and/or debit card account to the Service (your “Card Account”) for use of the Card Services.
Presently, we use Stripe as our Payment Processor. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. Stripe’s Terms of Service and Privacy Policy can be found atStripe's Legal page. By allowing the Payment Processor to remember you during checkout, you are consenting to the Payment Processor’s storage of your identifying information, including your email address, mobile phone number, and payment credentials. By allowing the Payment Processor to remember you, you further allow the Payment Processor to use cookies to link your web browser to your identifying information. If you conduct payment transactions over email or SMS, you consent to allow the Payment Processor to communicate with you via electronic communication. You acknowledge and agree that the Payment Processor may transfer, process, and store your data outside of your country. By using the Payment Processor services, you represent and warrant that you will not use the Payment Processor for any fraudulent, unlawful, or abusive purpose. We are not responsible for any error that occurs during any payment process, including any error by the Payment Processor. 5.3 Third-Party Payment Processor Terms By choosing to purchase Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. In connection with your use of the Card Services, we will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy. You are solely responsible for compliance with applicable PCI-DSS requirements; Bookinglane has no obligation to assist with PCI-DSS requirements in any way. Any assistance provided by Bookinglane, or by Bookinglane’s employees, contractors, agents, representatives, or other related persons, at your request, is provided without warranty or liability. 5.4 Additional Charges and Taxes All rates are calculated and billed in the currency of the country where the service is provided, including but not limited to the United Kingdom, France, the United States, and Germany. The list of applicable countries may change as our operations evolve. Due to fluctuating currency exchange rates, the U.S. dollar equivalents of international rates may vary. Applicable taxes will be charged as required by the jurisdiction in which the service is rendered. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 6.CANCELLATION Transaction fees are non-refundable in all instances of user-initiated cancellations. One-Way and Round-Trip Reservations shall be non-refundable if canceled within four (4) hours or less of the scheduled pickup time. Hourly Reservations shall be non-refundable if canceled within twelve (12) hours of the ride’s scheduled start time. For Group Travel Reservations, including but not limited to Sprinter Van bookings, cancellations shall be non-refundable if canceled within twenty-four (24) hours of the ride’s scheduled start time. Special Event Reservations, including but not limited to corporate events, multiple vehicle bookings, and customized arrangements, shall be non-refundable if canceled within fourteen (14) days of the scheduled event date. Last-Minute Reservations, defined as reservations made within four (4) hours of the scheduled pickup time, shall be non-refundable upon confirmation and assignment of a driver. In the event that a reservation is canceled by Bookinglane, a full refund, including transaction fees, will be issued to you. You forfeit their right to our service and are charged the full fare in the event of a no-show without prior cancellation within the allowable cancellation timeframe. Changes to bookings made less than four (4) hours before the scheduled start time may result in the denial of service. In such cases, all fees, including transaction fees, will be non-refundable. Changes made more than four (4) hours prior to the start time can be processed directly through the user's Bookinglane account or by contacting us via email at info@bookinglane.com. If you are unsatisfied with our Services, please email us at info@bookinglane.com. For further refund policies, see above in Section 3.5.
7.PROHIBITED ACTIVITIES You may use the Services only for lawful purposes and in accordance with these Terms of Service. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: ● Use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). ● Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. ● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. ● Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Services, and standards set out in these Terms of Service. ● Exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. ● Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. ● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. ● Use any information obtained from the Services in order to harass, abuse, or harm another person. ● Make improper use of our support services or submit false reports of abuse or misconduct. ● Engage in unauthorized framing of or linking to the Services. ● Introduce, upload or transmit (or attempt to upload or to transmit), or procure the sending of any viruses, Trojan horses, works, logic bombs or other material which is malicious or technologically harmful, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
● Transmit, or procure the sending of, any pyramid schemes, or other forms of solicitation, advertising or promotional material, including any “junk mail”, “chain letter” or “spam”, mass mailings, or any other similar solicitation. ● Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent. ● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. ● Delete the copyright or other proprietary rights notice from any Content. ● To impersonate or attempt to impersonate Bookinglane, a Bookinglane employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing). ● Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active informationcollectionortransmissionmechanism,includingwithoutlimitation,cleargraphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). ● Use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services. ● Interfere with, disrupt, or create an undue burden on the Services or the networks, or use any device, software or routine that interferes with or disrupts the proper working of the Services. ● Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. ● Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm Bookinglane or users of the Services or expose them to liability. ● Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. ● Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. ● Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system or device, process or means, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized
script or other software, for any purposes, including monitoring or copying any of the material on the Services, the Content or these Terms of Service. ● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are hosted, or any server, computer or database connected to the Services. ● Use a buying agent or purchasing agent to make purchases on the Services. ● Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. ● Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. ● Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. ● Otherwise attempt to interfere with the proper working of the Services. 8.USER GENERATED CONTRIBUTIONS The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments,suggestions,orpersonal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that: ●Thecreation,distribution,transmission,publicdisplay,orperformance,andtheaccessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. ● You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms of Service.
● You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms of Service. ● Your Contributions are not false, inaccurate, or misleading. ● Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. ● Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). ● Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. ● Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. ● Your Contributions do not violate any applicable law, regulation, or rule. ● Your Contributions do not violate the privacy or publicity rights of any third party. ● Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. ● Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. ● Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services. 9.CONTRIBUTION LICENSE You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 10.GUIDELINES FOR REVIEWS We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review. 11.SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Service; (2) take appropriate legal action we believe is reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms of Service against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting and disclosing any data or information or such user to law enforcement authorities, government officials, or a third party, as we believe is reasonably necessary or appropriate to enforce or verify compliance with any part of these Terms of Service (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or a third-party claim that your use of the Services is unlawful or infringes such third party's rights); (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 12.PRIVACY POLICY AND GEOGRAPHIC RESTRICTIONS Your privacy is important to us, and we are committed to protecting your data privacy and security. We have created a comprehensive Privacy Policy, availablehere, which explains how we collect, manage, process, secure, and store your personal information. By using our Services, you agree to the collection, use, and sharing of your information in accordance with our Privacy Policy, which complies with the General Data Protection Regulation(GDPR), theCalifornia Consumer Privacy Act(CCPA), and other applicable privacy laws. Please review our Privacy Policy for more details. Protecting the privacy of young children is especially important. We do not knowingly collect, solicit, or store personal information from children under the age of 13, in compliance with theU.S. Children’s Online Privacy Protection Act(COPPA). If we receive actual knowledge that we have collected personal information from a child under 13 without verifiable parental consent, we will promptly delete such information from our systems unless we are legally obligated to retain it. If you believe we have mistakenlyorunintentionallycollectedinformationfrom a child under 13, please contact us at info@bookinglane.com. The Services are not intended for individuals under the age of 18. We do not knowingly collect or solicit personal information from anyone under 18, nor do we knowingly allow such individuals to register for the Services. If you are under 18, please do not submit any personal information through the Site. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information on this Site. If we
become aware that we have collected personal information from someone under 18 without proper consent, we will take steps to remove that information. If you have any reason to believe that an individual under 18 has shared any information with us, please contact us atinfo@bookinglane.com. We will take appropriate measures to investigate and address the issue promptly. From time to time, we may come into contact with persons under the age of 18 as necessary to fulfill our contractual obligations. In such instances, we take reasonable efforts to de-identify and anonymize any personally identifiable data of such individuals. Non-Personally Identifiable Information “Non-personally identifiable information” includes technical information, such as aggregated tracking information derived mainly from tallying page views throughout our Site, and demographic information. This type of information does not identify you personally. If you provide us with non-personally identifiable information, we may use it for the purposes described in this statement or for any other legal purpose. Data Hosting and Transfer The Services are hosted in the United States and are intended for use by individuals located in the United States. These Terms of Service govern your access and use of the Services from within the United States and its territories and possessions. We make no representations that the Services or their content are accessible or appropriate outside of the United States. Access to the Services from certain countries or by certain persons may be illegal. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By continuing to use the Services, you agree to the transfer, storage, and processing of your personal information in the United States in accordance with our Privacy Policy. This means that your data will be subject to U.S. laws, which may differ from the laws of your country. 13.TERMINATION OF USE AND ACCESS These Terms of Service shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHTTO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TOANYPERSONFORANYREASONORFORNOREASON,INCLUDINGWITHOUT LIMITATIONFORBREACHOFANYREPRESENTATION,WARRANTY,ORCOVENANT CONTAINEDINTHESETERMSOFSERVICEOROFANYAPPLICABLELAWOR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your account, access to, use of or submission of Content for, all or part of the Services, without prior notice, and may be referred to appropriate law-enforcement authorities. Upon suspension or termination of your account, access to the Site or Services, your right to use the Site and Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, and take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Further, if we terminate or suspend your account (active or inactive) for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Unless otherwise expressly agreed in writing, you agree that upon termination, either by you or us, we may delete all Content and information related to your account and may bar your access to your account and the Services including, but not limited to, access to any of your Content entered into or used in connection with the Services. Further, you agree that Bookinglane shall not be liable to you or any third-party for any termination of your access to the Services. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bookinglane and our subsidiaries and affiliates, and our officers, directors, partners and employees (individually and collectively, the “Bookinglane Parties”) from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of Services. You agree to promptly notify Bookinglane Parties of any third-party claims, cooperate with Bookinglane Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You also agree that theBookinglane Parties will have control of the defense or settlement, at Bookinglane’s sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Bookinglane or the other Bookinglane Parties. 14.MODIFICATIONS AND INTERRUPTIONS We reserve the right to modify, suspend, or terminate the operation of or access to our Services, or any portion thereof, at any time for any reason, including the availability of any feature, database, or content, without prior notice or liability. However, we will strive to provide notice to users whenever possible.
Procedures and User Rights: 1.Modifications to Services: ○We may update or change the features, design, or functionality of the Services at any time. Such modifications may include adding new features or discontinuing existing ones. ○We will endeavor to inform users of significant changes to the Services by posting a notice on our Site or sending an email to registered users. Users are encouraged to review such notices to stay informed about updates. 2.Temporary Interruptions: ○From time to time, we may need to perform maintenance or updates to the Services, which may result in temporary interruptions. We will make reasonable efforts to schedule maintenance during off-peak hours and provide advance notice of any planned downtime. ○In the event of unexpected interruptions, we will work diligently to restore access to the Services as quickly as possible. 3.Service Suspension or Termination: ○We reserve the right to suspend or terminate access to the Services, in whole or in part, at our sole discretion, if we determine that it is necessary for security reasons, legal compliance, or other critical operational needs. ○If your access to the Services is suspended or terminated, we will provide you with notice, where possible, and inform you of the reason for such action. You may contact us for further clarification or to resolve any issues that led to the suspension or termination. 4.User Rights: ○Users have the right to discontinue their use of the Services at any time if they do not agree with any modifications or interruptions. ○Users may request assistance or support regarding any changes or interruptions by contacting our customer support team at info@bookinglane.com. ○In case of prolonged service interruptions, users may be entitled to a pro-rata refund or other compensation as determined by Bookinglane, at our sole discretion. 5.No Liability for Changes: ○While we strive to maintain the availability and performance of our Services, we do not guarantee uninterrupted access to the Services and will not be liable for any modification, suspension, or termination of the Services, or for any loss or damage that may result from such changes. ○Users acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that Bookinglane shall not be responsible for any consequences arising from the modification, interruption, or discontinuation of the Services. By continuing to use the Services after any changes have been made, you indicate your acceptance of such changes. If you do not agree to the changes, you must stop using the Services and contact us to deactivate your account. 15.GOVERNING LAW
These Terms of Service and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and Privacy Policy and your use or Services will be in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. 16.DISPUTE RESOLUTION We are committed to resolving any disputes or concerns that may arise in connection with the use of our Services. This section outlines the procedures for addressing and resolving disputes between you and Bookinglane. Informal Negotiations To expedite resolution and control the cost of any claim, dispute, or controversy between you and us (individually, a “Party” and collectively, the “Parties”) arising out of or relating to these Terms of Service, our Privacy Policy, or the use of the Services (a “Dispute”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Notice of Disputeshould be sent to: Bookinglane, Inc. 447 Sutter St, STE 405 San Francisco, CA 94108 United States Email:info@bookinglane.com. Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be resolved throughbindingarbitration.YOUUNDERSTANDTHATWITHOUTTHISPROVISION,YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available on the AAA website (www.adr.org). The arbitration will be conducted in English. Arbitration Procedures: 1.The arbitration will be conducted in San Francisco, California, unless otherwise agreed by the Parties. 2.The arbitration will be conducted by a single arbitrator selected in accordance with the AAA rules. 3.The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration:
1.The AAA rules will govern the payment of all arbitration fees. Bookinglane will pay all arbitration fees for claims totaling less than $10,000, unless the arbitrator determines that the claim is frivolous. 2.Each Party will bear their own costs and attorney’s fees unless the arbitration rules provide otherwise. Confidentiality: All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The Parties agree to maintain confidentiality unless otherwise required by law. This provision shall not prevent a Party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: ●No arbitration shall be joined with any other proceeding. ●There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures. ●There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: 1.Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party. 2.Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use. 3.Any claim for injunctive relief. Limitation on Time to File Claims IN NO EVENT SHALL ANY DISPUTE BROUGHT BY EITHER PARTY RELATED IN ANY WAY TO THE SERVICES OR THESE TERMS OF SERVICE BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED. Severability
If any provision of this Dispute Resolution section is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision shall be deemed modified to the extent necessary to make it enforceable. Right to Opt-Out You have the right to opt-out of this binding arbitration clause. If you do so, neither you nor Bookinglane can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must include your name and address, the email address you used to set up your Bookinglane account (if you have one), and a CLEAR statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to: Bookinglane, Inc. 447 Sutter St, STE 405 San Francisco, CA 94108 United States Email:info@bookinglane.com. 17.CORRECTIONS There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 18.WARRANTY DISCLAIMER You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, including on the Site will be free of viruses or other destructive code. You are responsible for deploying anti-virus and other similar protections on your computer or mobile device. OTHERTHANASEXPRESSLYSETOUTINTHESETERMSOFSERVICE,NEITHER BOOKINGLANENORITSAGENTSORSERVICEPROVIDERSMAKEANYSPECIFIC PROMISES ABOUT THE SITE AND WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SITE AND SERVICES WILL BE AT YOURSOLEANDOWNRISK.TOTHEFULLESTEXTENTPERMITTEDBY LAW, WE DISCLAIMALLWARRANTIES,EXPRESSORIMPLIED,INCONNECTIONWITHTHE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIESOFMERCHANTABILITY,FITNESSFORAPARTICULARPURPOSE,AND NONINFRINGEMENT. WE MAKE NO COMMITMENTS, WARRANTIES OR REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, AVAILABILITY, ABILITY TO MEET YOUR NEEDS OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGHTHESERVICESBY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTSORSERVICES.ASWITHTHEPURCHASEOFAPRODUCTORSERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 19.LIMITATIONS OF LIABILITY INCONJUNCTIONWITHOURWARRANTYDISCLAIMERSASEXPLAINEDABOVE, BOOKINGLANEISNOTLIABLETOYOUFOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,PUNITIVEORCONSEQUENTIALDAMAGESOFANYTYPEWHATSOEVER RELATED TO OR ARISING FROM THE SITE, USE OF THE SITE, OR OF ANY SITE OR RESOURCELINKEDTO,REFERENCED,ORACCESSEDTHROUGHTHESITE.THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS,BUSINESSINTERRUPTION,LOSTSAVINGS,ORLOSSOFDATA,EVENIF BOOKINGLANE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND REGARDLESS OF WHETHER ANY REMEDIES IN THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUEYOURUSEOFTHESITE.INTHEEVENTTHATTHISLIMITATION IS SUPERSEDED BY APPLICABLE LAW, THE MAXIMUM AMOUNT OF DAMAGES YOU MAY OBTAIN AGAINST BOOKINGLANE SHALL BE LIMITED TO $100.00 USD. 20.INDEMNIFICATION You agree to defend, indemnify, and hold Bookinglane harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, licensors, and employees, from and against any loss, damage, expense, cost, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms of
Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 21.RELATIONSHIP OF PARTIES Neither party is an agent, representative, partner, employer, or employee of the other party, and neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever. 22.USER DATA We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 23.THIRD-PARTY SITES Our Site and Services may contain links to websites, platforms, or services operated by third parties, including the app stores where you can download our mobile applications. These third-party services are not owned or controlled by Bookinglane, and we are not responsible for their privacy practices, content, or any actions taken by such third parties. When you access third-party services through our Site or Services, you do so at your own risk. We strongly encourage you to review the privacy policies and terms of service of any third-party services you access, including those listed above, to understand their data collection, usage, and sharing practices. Bookinglane does not endorse, approve, or make any representations or warranties regarding third-party services or their privacy practices. In no event will Bookinglane be responsible for any information, content, services, or products provided by third-party services, nor will Bookinglane be liable for any damages arising from your use of or
reliance on such third-party services. Your interactions with third-party services are solely between you and the third party, and you should address any questions or concerns about their practices directly with them. By using our Site and Services, you expressly relieve Bookinglane from any and all liability arising from your use of any third-party services, including but not limited to the third-party links provided above. Please exercise caution and use your best judgment when accessing any third-party services. 24.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Creating an account, visiting the Bookinglane Platform and/or accessing the Services, sending us emails, chats, texts/SMSs, and completing online forms constitute electronic communications. You consent to receiveelectroniccommunicationsfromBookinglaneoranythirdpartiesprovidingservicesto Bookinglane, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, WhatsApp, calls, push notifications to the telephone number(s) or email addressed you provided to Bookinglane, chat, text/SMS or by posting notices on the Site, and on the Services, satisfy any legal requirement that such communication be in writing. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded or automated messages sent by or on behalf of Bookinglane, and/or any of our third-party providers, including but not limited to communications concerning requests placed through your account on the Services. Message and data rates may apply. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,CONTRACTS,ORDERS,ANDOTHERRECORDS,ANDTOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 25.CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 26.ACCESSIBILITY
We are committed to making our services accessible to everyone, including individuals with disabilities. If you have any questions or concerns about the accessibility of our Services, please contact us at info@bookinglane.com.Westrive to comply with all applicable accessibility laws, including the Americans with Disabilities Act(ADA). 27.MISCELLANEOUS These Terms of Service, together with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Services. These Terms of Service will not be construed against us by virtue of having drafted them. There are no third-party beneficiary rights under these Terms of Service. You hereby waive, to the fullest extent permitted by law, any objection you may now or hereafter have to the laying of venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum. You further waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties to execute these Terms of Service. 28.CONTACT US In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Bookinglane, Inc. 447 Sutter St STE 405 San Francisco, CA 94108