CST #: 2092034-40

Agreement between Customer and Flying Fox Reservations.

1-800-GET-LIMO (also doing business as Flying Fox Reservations) (hereinafter, “1-800-GET-LIMO”) sells reservations for travel and transportation services provided by independently owned and operated third party transportation vendors. 1-800-GET-LIMO is NOT the provider of transportation or travel. The terms "we", "us", "our" and "1-800-GET-LIMO" refer to 1-800-TAXICAB, INC., a Delaware corporation doing business as “Flying Fox Reservations” and “1-800-GET-LIMO”. The term "you" refers to the customer visiting our website, calling our customer service agents, or booking a reservation through us. Our “Service(s)” refers to the selling of reservations for travel and transportation services provided by independently owned and operated third party transportation vendors, however the reservation is made, including but not limited to telephone reservation or online reservation.

Our Services are offered to you conditioned upon your acceptance without modification of the terms and conditions set forth herein (collectively, the “Agreement”). By accessing our website, calling our customer service agents, or booking any transportation through us, you agree to be bound by this Agreement. If you do not agree to the Agreement, then do not visit our website or use our Services. We reserve the right to change this Agreement at any time without notice and your continued access or use of the website or Services signifies your acceptance of the modified Agreement.

Passenger Representations

As a condition of your use of our website or our Services you warrant that (i) you are at least 18 years of age, (ii) you have read and understand this Agreement and agree to be bound by it (iii) you possess the legal authority to create a binding legal obligation, (iv) you will use our Services and this website in accordance with this Agreement, (v) you will only use this website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (vi) all information supplied by you is true, accurate, current and complete, (vii) you will abide by the terms and conditions imposed by any travel and transportation provider, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services, and (viii) if you have a 1-800-GET-LIMO Reservations account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this website and our Services, at any time and for any reason.

Cancellation policy

Please provide us with 8 hours notice prior to your pickup time for any change or cancellation. We will provide you with a full refund of the amount you have paid. If you paid by credit card, we will provide the refund to the credit card account you used to make payment. Refunds typically appear on your account within 3 days. If you paid by check, we will issue your refund by check.

If for any reason you do not cancel 8 hours prior to your pick-up time, you will be charged the full amount including any and all fees, gratuity, taxes and surcharges for your reservation with NO refund.

Notice of Passenger’s Right to a Prompt Refund: California law provides that upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger advises the seller of travel in writing, after cancellation. This provision does not apply where the seller of travel has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, the seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

Not the Transportation Provider

1-800-GET-LIMO sells reservations for travel and transportation services provided by independently owned and operated third party transportation vendors. 1-800-GET-LIMO is NOT the provider of transportation or travel.

RATES AND FEES

You acknowledge that 1-800-GET-LIMO pre-negotiates certain rates with ground transportation providers to facilitate the booking of reservations on your behalf. The reservation price you pay 1-800-GET-LIMO is a combination of the pre-negotiated rate reserved on your behalf by 1-800-GET-LIMO and the commission retained by 1-800-GET-LIMO to compensate us for our services. You authorize 1-800-GET-LIMO to book reservations for the total reservation price, which may include other service fees. You agree that your credit card will be charged by 1-800-GET-LIMO for the total reservation price. Upon submitting your reservation request by telephone, fax, via our website, or by email you authorize 1-800-GET-LIMO to facilitate ground transportation reservations on your behalf, including making payment arrangements with ground transportation providers.

You acknowledge that 1-800-GET-LIMO does not collect taxes for remittance to applicable taxing authorities. The ground transportation providers invoice 1-800-GET-LIMO for services provided. The ground transportation providers remit applicable taxes to the applicable taxing jurisdictions, if any.1-800-GET-LIMO does not act as co-vendors with the ground transportation provider with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of ground transportation reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some ground transportation providers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the ground transportation reservation. You agree to abide by the terms and conditions imposed with respect to your reservations.

Ground Transportation Terms

Payment by major credit card equal of the full reservation price is required for all reservations. Payment for any additional fees and for any additional services requested during the reservation will be charged to the same credit card that was used for the deposit following the completion of the reservation. You represent that you are the cardholder. You authorize us to charge the credit card for the deposit and for all additional amounts when due.

Cancellation must be made up to 8 hours prior to the pick-up time on domestic rides and 48 hours on International rides. No-shows will be charged the full reservation price.

Deposits are non-refundable if not canceled within the time frame mentioned.

Availability of limousine past the reserved time is not guaranteed. There is a 10 minute overtime grace period on all reservations. After 10 minutes, you accept responsibility for overtime charges incurred.

All jobs have a time limit and are then billed at the as-directed rate for 15-minute intervals thereafter. Charges are based on a “garage to garage” basis.

Prices are subject to change without notice.

The use of any illegal substance is prohibited in any vehicles. The possession or consumption of alcohol by any passenger under the age of 21 is prohibited. Any breach of this policy will result in immediate termination of services and payment due in full for entire reservation

Customer accepts complete financial responsibility for any and all damages resulting from improper use of the vehicle and its contents, including but not limited to audio/video equipment, lighting, exterior and interior components including upholstery. Repairs for damages may be billed to customer's credit card.

The passengers accepts complete responsibility for items left in any vehicles.

Excessive use, damage or spillage is subject to a minimum cleanup fee of $300 to the credit card on file. Smoking is not permitted in any vehicle and is subject to a minimum cleanup fee of $100 to the credit card on file.

We and any transportation providers cannot be held responsible for mechanical problems, inclement weather, route traveled, or uncontrollable circumstances including those resulting in the inability to start a job at its scheduled time or complete a job in its entirety or at its scheduled finish time. In the event that the requested vehicle cannot be provided, an alternate vehicle may be provided of equal or greater capacity or a combination of vehicles to accommodate such capacity at our reasonable discretion.

Customer accepts financial responsibility for all tolls, parking, and other related charges incurred during the reservation.

SELLER OF TRAVEL

1-800-GET-LIMO is a registered seller of travel in the state of California.

Our California registration number is: 2092034-40

Registration as a seller of travel does not constitute approval by the State of California.

California law requires certain sellers of travel to have a trust account or bond. This business, 1-800-GET-LIMO, has a trust account.

Transportation Confirmation

When you make a reservation, we will send you a written confirmation by email, fax, or letter, containing a) the total amount to be paid by or on behalf of the passenger, b) the amount paid to date, c) the date of any future payment(s), d) the purpose of any payment, e) an itemized statement of the balance due if any, f) and an itinerary stating the name of the provider of transportation, the pick-up date, time and place, or the circumstances under which the pick-up date, time, and place will be determined.

California Travel Consumer Restitution Fund

1-800-GET-LIMO participates in the California Travel Consumer Restitution Fund (TCRF).

Notice for Passengers in California: This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001.

Notice for Passengers Purchasing from Outside California: This transaction is not covered by the California Travel Consumer Restitution Fund.

Disclaimer of Warranty

1-800-GET-LIMO makes no warranty of any kind regarding the transportation or travel services provided by the transportation vendors with whom reservations are booked, the website, or its content, all of which are provided on an "AS IS" basis. 1-800-GET-LIMO expressly disclaims any representation or warranty that the Services or the transportation or travel services or the website or its content will be free from errors, viruses or other harmful components, that communications to or from 1-800-GET-LIMO will be secure and not intercepted, that the Services or the website will be uninterrupted, or that its content will be accurate, complete or timely. The fact that 1-800-GET-LIMO is including or offering reservations for any product or service is not an endorsement or a recommendation of the product or service or the provider of such product or service. We are not responsible for third party websites even if we link to such websites.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, 1-800-GET-LIMO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

Subject to applicable law, your use of our Service, this website and its content and any travel and transportation you purchase through our Service is at your sole risk. Services and products made available through our Service and this website are subject to conditions imposed by the travel and transportation providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Travel and transportation providers who furnish products or services through our Service or this website are independent contractors, and not agents or employees of 1-800-GET-LIMO. IN NO EVENT WILL 1-800-TAXICAB, INC. dba FLYING FOX RESERVATIONS and dba 1-800-GET-LIMO, IT’S OFFICERS, CORPORATE PARTNERS OR SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SERVICES, THE TRAVEL OR TRANSPORTATION SERVICES RESERVED, THIS WEBSITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF TRAVEL AND TRANSPORTATION PROVIDERS WHOSE PRODUCTS OR SERVICES ARE RESERVED THROUGH OUR SERVICES OR THIS WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED BY TRAVEL AND TRANSPORTATION PROVIDERS THROUGH OUR SERVICE OR THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY TRAVEL OR TRANSPORTATION PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF 1-800-GET-LIMO AND THE TRAVEL OR TRANSPORTATION PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, despite the limitation above, 1-800-GET-LIMO is found liable for any loss or damage, then 1-800-GET-LIMO liability will in no event exceed, in total, the sum of US$300.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

Indemnification

You agree to defend and indemnify 1-800-TAXICAB, INC. dba 1-800-GET-LIMO, and its respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against 1-800-GET-LIMO as a result of (1) your breach of this Agreement or the documents made part of this Agreement by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Services or this website.

Intellectual Property: TM and Copyright Notices

This website is the sole and exclusive property of 1-800-GET-LIMO or its licensors. 1-800-GET-LIMO and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website. The website is or may be protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this website may violate such laws. 1-800-TAXICAB, ONE NUMBER NATIONWIDE, FLYING FOX, 1-800-LET-LIMO, and 1-800-GET-LIMO (the “Marks”) are registered or common law trademarks or service marks of 1-800-TAXICAB, INC. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from 1-800-TAXICAB, INC. Other marks that appear on the website are the property of their respective owners. You agree not to deep link to website for any purpose unless we specifically authorize you to do so. Copyright 2008 1-800-TAXICAB, INC. All rights reserved.

Privacy Policy

Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of this Agreement is also your consent to the information practices in our Privacy Policy.

Contact

Please contact us at our Business Address:

1-800-GET-LIMO

2185 Faraday Ave., Ste. 110

Carlsbad, CA 92008

TF: 1-800-538-5466

Tel: 760-930-4030

Fax: 760-930-4037

General:

Our failure to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof. Any waiver by 1-800-GET-LIMO must be in writing and, unless otherwise stated, shall be strictly limited to the circumstances explicitly waived and shall not deprive 1-800-GET-LIMO of the right to insist upon strict adherence to the term waived in any and all other circumstances or to insist upon strict adherence to any other term of this Agreement. A waiver of any default is not a waiver of any subsequent default.

The headings of this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.

This Agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, in all disputes arising out of or relating to the Services or the use of this website. Use of the Services or this website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the 1-800-GET-LIMO as a result of this Agreement or the Services or the use of this website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use the Services or of this website or information provided to or gathered by us with respect to such use.

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services or this website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and 1-800-GET-LIMO with respect to the Services and this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and 1-800-GET-LIMO with respect to the Services or this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.