Terms and Conditions

Terms of Service

All Transportation of Passengers and Baggage by Charley’s Taxi Radio Dispatch Corp., All Ways Charley’s, LLC, or their independent contractors (collectively “Charley’s Carriers”), are subject to the terms and conditions set forth in these Terms of Service, in addition to any terms and conditions printed on any eticket receipt. For purposes of these Terms of Service the following definitions shall apply:

“Applicable Laws” means such laws, regulations, rules, ordinances or other requirements of the United States or the State of Hawaii applicable to the Transportation of Passengers and/or Baggage by Charley’s Carriers.

“Baggage” means such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience, including, but not limited to, suitcases, strollers, bicycles, cardboard moving boxes, and handbags.

“Passenger” means any person, carried or to be carried in a vehicle with the consent of a Charley’s Carriers.

“Transportation” means the transportation of a Passenger and/or Baggage by ground, gratuitous or for reward.

By booking Transportation with Charley’s Taxi or otherwise accepting Transportation with Charley’s Carriers, the Passenger agrees to be bound by these Terms of Service, in addition to any terms and conditions printed on any eticket receipt.  Incorporated terms include, but are not limited to the following:

Restriction of Acceptance as Baggage

1. Charley’s Carriers will refuse to accept as Baggage:
   1. items which do not constitute Baggage as defined herein;
   2. items which may endanger Charley’s Carriers or any person or property;
   3. items Transportation of which is prohibited by Applicable Laws;
   4. items which Charley’s Carriers deem unsuitable for Transportation by reason of their weight, size, shape or character such as being fragile or perishable;
   5. firearms, swords and other similar items.
2. Charley’s Carriers may refuse Transportation of, and take any necessary step with respect to, items of which Transportation as Baggage is prohibited by the preceding sub-paragraph (1) and may refuse onward Transportation of any such item upon discovery thereof.
3. Charley’s may refuse to carry Baggage not properly packed in a suitcase or other suitable container to ensure safe Transportation with ordinary care in handling.
4. If any item referred to in sub-paragraph (1) of this paragraph is carried, whether or not Transportation of such item as Baggage is prohibited, such Transportation shall be subject to the charges, limitations of liability and any other provision of these Terms of Service applicable to Transportation of Baggage.

 

No Shows and Late Cancellations

Any person who books Transportation with  Charley’s Carriers and fails to show up at the time booked for Transportation (“No Shows”) or fails to cancellation such booking at least eight (8) hours prior to the time booked for Transportation shall not be entitled to any refund, and be charged one hundred percent (100%) of the applicable Transportation fee.

Limitation of Liability

Except as otherwise provided Applicable Laws, Charley’s Carriers’ liability for death of, or wounding or other bodily injury to, a Passenger, delay in arrival of a Passenger and/or his/her Baggage, or any loss of or damage to any Baggage of a Passenger (hereinafter collectively referred to as “Damage”) arising out of or in connection with Transportation or other services incidental thereto performed or provided by Charley’s Carriers shall be as described hereinafter. If there has been contributory negligence on the part of the Passenger, Charley’s Carriers’ liability shall be subject to the applicable law relating to contributory negligence.

1. Charley’s Carriers shall not be liable for any Damage to Baggage not directly attributable to negligence of Charley’s Carriers. Assistance rendered to a Passenger by a representative, officer, employee or agent of Charley’s Carriers in loading or unloading Baggage shall be considered as gratuitous service to the Passenger.
2. Charley’s Carriers shall not be liable for any Damage directly or indirectly arising out of its compliance with any Applicable Laws, failure of a Passenger to comply with the same or any cause beyond Charley’s Carriers’ control.
3. Charley’s Carriers shall not be liable for any Damage with respect to a Passenger’s Baggage caused by the contents thereof. A Passenger whose property causes Damage to another Passenger’s Baggage or the property of Charley’s Carriers shall indemnify Charley’s Carriers for all loss and expenses incurred by Charley’s Carriers as a result thereof.
4. Charley’s Carriers shall not be liable in any event for any consequential or special damage or punitive damages arising from Transportation complying with these Terms of Services and Applicable Laws, whether or not Charley’s Carriers had knowledge that such damage might arise.
5. Any exclusion or limitation of liability of Charley’s Carriers under these Terms of Service shall also apply to any of Charley’s Carriers representatives, officers, employees or agents performing their respective duties. The aggregate amount of the damages payable by Charley’s Carriers or its representatives, officers, employees or agents shall not exceed the amount of Charley’s Carriers limitation of liability under these Terms of Service.