General Rental Agreement

Definitions

As used throughout this Agreement, the following capitalized terms have the meanings set forth below:

"Company"

means Express Midwest and its subsidiaries and operating brands, including Express Limousine Service and Black Diamond Limousine, together with their respective officers, employees, agents, and drivers.

"Customer"

means the person or entity that books, confirms, or pays for a service, including any client, booking agency, corporate entity, or authorized representative acting on behalf of a client. Where more than one person or entity meets this definition with respect to a single reservation, each is jointly and severally liable for all obligations of the Customer under this Agreement.

"Passenger"

means any person transported in a Company vehicle under a reservation, whether or not that person is the Customer.

"Transportation Confirmation"

means the written confirmation issued by the Company to the Customer following booking, setting out the service date, vehicle type, pickup location, destination, pricing, and any service-specific terms.

"Rental Period"

means the period beginning when the Company's vehicle arrives at the designated pickup location and ending when the final Passenger has exited the vehicle at the final destination, including any extension of that period under Section 2.1.

Payment Terms

1. Reservations totaling Three Thousand Dollars ($3,000.00) or more require a non-refundable deposit of fifty percent (50%) of the total reservation cost at the time of booking. The remaining balance is due and payable no later than thirty (30) days following the signing of this Agreement.
2. Reservations totaling less than Three Thousand Dollars ($3,000.00) require full non-refundable payment at the time of booking.
3. The Company accepts major credit cards, cash, and electronic bank transfers. The Company does not accept personal or business checks.
4. All payments are non-refundable.

Additional Charges

1. Time Overages: All services are scheduled for the duration specified in the Transportation Confirmation. Should a service extend beyond the agreed-upon time, additional hourly charges will be assessed at the applicable hourly rate for the vehicle type utilized. Overtime is billed in one (1) hour increments, with no proration for partial hours.
2. Airport Wait Time: For all airport transfer services, the Company provides a complimentary grace period of fifteen (15) minutes from the scheduled pickup time. After the fifteen (15) minute grace period, a wait time charge will be assessed at the applicable hourly vehicle rate, billed in fifteen (15) minute increments.
3. Excessive Cleanup: The Customer shall be responsible for any cleaning charges resulting from extraordinary mess, spillage, vomiting, or damage requiring cleaning beyond standard post-service cleaning. Cleaning fees are assessed at a minimum of Two Hundred Fifty Dollars ($250.00) and may be higher depending on the extent of cleaning required. The Company reserves the right to take the vehicle out of service for necessary cleaning, and the Customer shall be responsible for any lost revenue during such period.
4. Excessive Luggage: Luggage must be within standard commercial airline guidelines. Excess or oversized luggage will be assessed a fee of Twenty-Five Dollars ($25.00) per oversized item.
5. Route Changes: Any changes to the agreed-upon route or destination must be mutually agreed upon between the Customer and the Company. Route changes that result in additional mileage or time will be billed at the applicable rate.
6. Gratuity: Gratuity is not included in the quoted price unless expressly stated on the Transportation Confirmation. Standard industry gratuity of fifteen percent (15%) to twenty percent (20%) of the base fare is customary.
7. All additional charges will be itemized on the Customer's final invoice and are due upon receipt.

Fuel Surcharge

1. Due to fluctuating market conditions, the Company reserves the right to apply a fuel surcharge to any reservation. The fuel surcharge will range from ten percent (10%) to fifteen percent (15%) of the base service rate and will be determined based on prevailing fuel prices at the time of service, not at the time of booking.
2. Any applicable fuel surcharge will be disclosed to the Customer prior to or at the time of booking confirmation and will be itemized on the final invoice.
3. The Company will make reasonable efforts to notify the Customer of any change in applicable fuel surcharge rates prior to the scheduled service date.

Tolls, Parking & Entry Fees

1. Any tolls anticipated along the planned route will be estimated prior to the service date and communicated to the Customer in advance. Estimated toll costs will be included in or appended to the Transportation Confirmation.
2. Parking fees and venue entry fees incurred during the course of service will be billed to the Customer following the completion of service and added to the final invoice. These charges are the sole responsibility of the Customer.
3. The Company will make reasonable efforts to minimize incidental fees but cannot guarantee their avoidance on all routes or at all venues.

Vehicle Damage

1. The Customer is fully responsible for any and all damage caused to the Company's vehicle(s) during the rental period, including but not limited to interior damage, exterior damage, and damage caused by passengers.
2. Damage charges include, but are not limited to, the actual cost of repair or replacement, detailing fees, and lost revenue resulting from the vehicle being out of service during repairs.
3. The Customer authorizes the Company to charge the Customer's payment method on file for any damage costs incurred during the rental period.
4. The Company reserves the right to obtain independent repair estimates and photograph all damage for documentation purposes.

Passenger Conduct & Safety

1. The Customer is responsible for the conduct of all passengers during the rental period and agrees to notify all passengers of the terms of this Agreement prior to the commencement of service.
2. Smoking of any kind, including electronic cigarettes and vaping devices, is strictly prohibited in all Company vehicles. Violation of this policy will result in a minimum fine of Three Hundred Dollars ($300.00) per incident, which is non-negotiable. The total fine is at the discretion of the Company based on the extent of cleaning or remediation required, and will be billed post-trip.
3. Drug use is prohibited by law and will result in immediate termination of the rental with no refund.
4. Consumption of alcohol by any person under the age of twenty-one (21) years is strictly prohibited and will result in immediate termination of the rental with no refund.
5. Passengers must remain seated at all times while the vehicle is in motion. Sitting on the back of seats, standing on seats, or any behavior that poses a safety risk will result in a Three Hundred Dollar ($300.00) fine and may result in immediate termination of the trip.
6. Standing through sunroofs, windows, or emergency exits is illegal and strictly prohibited.
7. Weapons, firearms, and hazardous materials are strictly prohibited in all Company vehicles.
8. All fines, citations, or penalties incurred during the rental period by the Customer or passengers are the sole financial responsibility of the Customer.
9. The driver, at their sole discretion, has the authority and right to terminate a service without refund if there is any blatant misconduct, unsafe behavior, or indiscretion on the part of the Customer or passengers. The driver's safety decisions are final.
10. Vehicles may not be loaded with passengers beyond the maximum seating capacity as rated by the manufacturer.

Subcontracting & Third-Party Carriers

1. The Company reserves the right to subcontract or fulfill reservations using third-party carriers or affiliate vehicles when necessary due to vehicle availability, capacity requirements, or operational circumstances.
2. The Company will make reasonable efforts to notify the Customer in advance when a third-party carrier will be utilized. All subcontracted carriers are required to maintain appropriate licensure and insurance as required by applicable law.
3. This Agreement and all terms herein apply equally to services fulfilled by subcontracted carriers. The Company remains the primary point of contact and assumes overall responsibility for the Customer's experience.

Vehicle Substitution

1. The Company reserves the right to substitute the reserved vehicle with a comparable or upgraded vehicle of equal or greater capacity if the originally reserved vehicle becomes unavailable due to mechanical issues, accident, or other unforeseen circumstances.
2. The Company will notify the Customer of any substitution as promptly as practicable. A substituted vehicle of comparable type and capacity will not result in a change to the agreed-upon pricing.
3. If no comparable vehicle is available, the Company will make every reasonable effort to secure alternative transportation and will notify the Customer immediately.

Weather & Road Conditions

1. The Company shall not be responsible for delays or termination of service due to severe weather conditions or unsafe road conditions beyond the Company's reasonable control. Such conditions include but are not limited to: freezing drizzle, whiteout conditions, zero visibility, flooding, or government-issued travel restrictions.
2. In the event of a service cancellation due to weather or road conditions, the Company will work with the Customer to reschedule service on a mutually agreed-upon date pending availability.
3. No refunds will be issued for cancellations due to weather or road conditions; however, the Company will make every reasonable effort to accommodate rescheduling at no additional charge.

Lost or Left Property

1. The Company is not responsible for any articles, personal property, or belongings left in vehicles following the completion of a rental.
2. The Company will make reasonable efforts to locate and return items found in vehicles; however, the Company assumes no liability for lost, stolen, or damaged personal property.
3. Customers are encouraged to check the vehicle for personal belongings at the conclusion of service.

Liability & Indemnification

1. The Company maintains commercial automobile liability insurance as required by the Iowa Department of Transportation for charter carrier operations.
2. The Company's liability to the Customer for any claim arising out of or related to services provided under this Agreement shall be limited to the total amount paid by the Customer for the specific service giving rise to the claim.
3. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO SERVICES PROVIDED UNDER THIS AGREEMENT.
4. The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, employees, agents, drivers, and subsidiaries from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) the conduct of the Customer or any passenger; (b) any violation of this Agreement by the Customer or any passenger; or (c) any injury or damage caused by the Customer or any passenger.
5. When a corporate entity or business books services on behalf of passengers, the corporate entity assumes full liability for any violations of this Agreement by its passengers and for all charges incurred.
6. The Customer assumes all risk of injury or damage arising from their participation in transportation services, including risks inherent in ground transportation.

Force Majeure

1. The Company shall not be held liable or in breach of this Agreement for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: acts of God, pandemics or public health emergencies, fuel shortages, government orders or travel restrictions, civil unrest, natural disasters, or other extraordinary events.
2. In the event of a force majeure occurrence, the Company will notify the Customer as promptly as practicable and will work with the Customer to reschedule services on a case-by-case basis pending availability.
3. No refunds will be issued for cancellations resulting from force majeure events.

Special Events

1. For special events such as weddings, proms, concerts, and other high-demand occasions, the Company may require extended notice for cancellations and may apply additional terms as specified in the Transportation Confirmation.
2. Special event bookings may require a higher deposit amount, which will be specified at the time of booking.
3. The Company is not responsible for delays caused by traffic, event schedules, or other factors outside the Company's control during special events.

Accessibility & Special Assistance

1. The Company is committed to compliance with the Americans with Disabilities Act (ADA) and applicable Iowa law.
2. Wheelchair-accessible vehicles are available upon request with a minimum of four (4) business days' advance notice, subject to availability.
3. Service animals are welcome in all Company vehicles in accordance with applicable law.
4. Customers requiring special assistance or accommodations should notify the Company at the time of booking to ensure appropriate arrangements can be made.

Minimum Age & Supervision

1. The Customer must be at least eighteen (18) years of age to enter into this Agreement and book services.
2. Minors may travel as passengers when accompanied by a parent or legal guardian who serves as the booking contact.
3. The booking contact assumes full financial and legal responsibility for all charges and conduct of any minor passengers.

Booking & Communication Procedures

1. Reservations may be made via the Company's online booking portal, by telephone, or via email. All reservations are subject to vehicle availability.
2. Upon confirmation, the Customer will receive a Transportation Confirmation detailing the service date, vehicle type, pickup location, destination, and pricing.
3. Driver assignment and contact information will be communicated to the Customer via email or text message in advance of the scheduled service.
4. During service, the Customer should communicate directly with the assigned driver regarding any changes or instructions.

Late Payment Terms

1. Invoices for post-service charges (including but not limited to additional charges, cleaning fees, and damage assessments) are due and payable upon receipt, unless an alternative payment deadline is specified in writing by the Company.
2. Any balance remaining unpaid more than four (4) calendar days after the invoice date will accrue interest at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum) on the outstanding balance.
3. The Customer agrees to pay all costs of collection, including reasonable attorney's fees, in the event the Company must pursue collection of unpaid amounts.

Vehicle Cleanliness & Condition

1. All Company vehicles are professionally cleaned and sanitized before every trip.
2. The Customer agrees to maintain the vehicle in a reasonably clean condition during the rental period.
3. The Customer shall be responsible for any cleaning charges above and beyond standard post-service cleaning, as described in Section 2.3 of this Agreement.

Assignment & Transfer

1. The Customer may not assign, transfer, or sublet any reservation or rights under this Agreement without the prior written consent of the Company.
2. The Company reserves the right to assign this Agreement and all obligations hereunder to any successor entity or in connection with a sale or transfer of the Company's business.

No-Show Policy

1. If the Customer fails to appear at the designated pickup location within thirty (30) minutes of the scheduled pickup time without prior notification to the Company, the reservation shall be deemed a no-show.
2. No-show reservations are non-refundable, and the Customer shall be responsible for the full reservation amount.
3. The Company reserves the right to release the vehicle and driver following a no-show.

Cancellation Policy

1. All payments made under this Agreement are non-refundable, as set forth in Section 1.4. Cancellation of a reservation, for any reason and at any time prior to the scheduled service date, does not entitle the Customer to a refund of any amount paid.
2. Any balance remaining unpaid on a cancelled reservation remains due and payable in full in accordance with Section 1.
3. The Company may, at its sole discretion, discuss the possibility of rescheduling a cancelled service to a later date pending availability. Rescheduling is not guaranteed and is subject to the Company's operational capacity.
4. Cancellations must be communicated directly to the Company by telephone or written notice to be considered valid.

Local Option Sales Tax

1. The Company is required by law to collect a one percent (1%) Local Option Sales Tax (LOST) on applicable services rendered within the jurisdiction. This charge is applied to all qualifying reservations.
2. The Local Option Sales Tax is itemized separately on all invoices and Transportation Confirmations.
3. This tax is a government-mandated charge and is not a fee imposed by the Company. The Company has no discretion to waive or reduce this charge.

Governing Law & Venue

1. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law principles.
2. Any legal proceedings arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Johnson County, Iowa.

Entire Agreement & Modifications

1. This Agreement, together with the Transportation Confirmation, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, and understandings.
2. No modification of this Agreement shall be valid unless made in writing and signed by an authorized representative of the Company.
3. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Binding Effect & Acceptance

1. This Agreement is binding upon all reservations made with Express Midwest and its subsidiaries, including Express Limousine Service and Black Diamond Limousine.
2. By booking, confirming, and paying for a service, the Customer acknowledges that they have read and agree to all terms and conditions contained in this Agreement.
3. The Customer agrees to inform all passengers of the terms of this Agreement and assumes liability for any violations by any passenger in their group.
4. Provisions relating to payment obligations, additional charges, damage liability, indemnification, limitation of liability, and governing law shall survive the completion of service or termination of this Agreement.