Terms and conditions

All Drink and Drive users: customers, clients, members, purchasers, service users, and partners must agree to the following Terms and Conditions prior to any service being performed:

1. Drink and Drive service can be requested during our regular business hours (opening times are available on our website www.drinkandrive.lu). At all times costumers can make reservations online.

2.  Customer or user agrees to or authorizes the following:

a. To allow Drink and Drive to drive customer’s vehicle for the purposes set forth in this Agreement;

b. The customer is the rightful owner, lessee or caretaker of the vehicle/s being transported.

c. The Vehicle’s registration, insurance and license tags are current; the vehicle is covered by at least third-party insurance and passenger insurance.

d. The Vehicle is maintained in good working condition and in compliance with applicable laws and has no defects or conditions that may cause the Vehicle to be unsafe to drive.

e. No contraband, prohibited substance or other items which are illegal for public transport are concealed or within the Vehicle.

f. To pay any expenses required to get the customer’s vehicle to its destination, including but not limited to: (i) fuel costs if Driver, in his or her sole discretion, concludes that based on the Vehicle’s fuel gauge reading, the Vehicle has insufficient fuel to reach the desired drop-off point (In case of insufficient fuel the costumer will be charged a drop-off and additional waiting time for refuelling); (ii) towing or other emergency roadside expenses resulting from mechanical failure of the Vehicle; and (iii) parking fees;

g. If customer has passengers in need of separate drop-off at private residences or hotels, passengers will first be dropped off with the customer dropped off last.

h. Customer hereby authorizes Drink and Drive or its Driver to seek emergency medical care in the event customer or any passenger is injured or becomes ill during transport from the pick-up location to the drop-off location

i. The customer hereby authorizes Drink and Drive to leave the Vehicle locked and parked in the hospital or urgent care parking lot in the event of an emergency, as contemplated by paragraph h above; keys will be retained by Drink and Drive until such time as the customer or a family member or other any authorized person authorizes their release.

j. The customer or user acknowledges that in exchange for the privileges and peace of mind associated with the Drink and Drive Service, the customer hereby: (a) releases Drink and Drive, its members, managers, employees, agents and Drivers from any and all liability, including negligence, for any injury, including death or property damage that may occur in connection with the Drink and Drive Service; and (b) agrees not to initiate any legal proceedings against Drink and Drive, its members, managers, employees, agents or Drivers with respect to any such claims or damages, which Member is releasing (c) the customer understands that in the event of an accident while being driven by one of Drink and Drive drivers, whether or not Drink and Drive driver is at fault in such accident, the customer’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. The customer is aware that various risks are involved in the Drink and Drive Service. Such risks include, among other things, the travel risks associated with riding in a vehicle and giving control of a vehicle to another person. Despite these and the other risks, the customer wants this service and is willing to agree to personally bear such risks, assuming full responsibility for any harm or damage that may result.

k. Drink and Drive and its Drivers’ liability for failure to perform under this Agreement or for injury or damage will be limited to €250. In no event will Drink and Drive or its Drivers be liable for special, consequential, exemplary or punitive damages, even if advised of their possible existence.

l. Drink and Driver drivers will only be liable for traffic offences caused by their own negligence.

m. The customer or user will indemnify, defend and hold Drink and Drive, its the customers, employees, agents and Drivers harmless from and against any and all losses (including financial losses, bonus or malus losses), liabilities, damages (to the vehicle or other artefacts), injuries, fines, penalties and expenses (including attorneys’ fees) arising from or resulting from any breach of the representations, warranties or covenants contained in this Agreement.

n. The customer or user fully intends and understands that the waiver of liability and hold harmless provisions of this agreement shall bind the customer’s family, heirs, assigns, or personal representatives.

o. Client or user acknowledges and agrees that at the time Drink and Drive Service is requested, the customer may be intoxicated. Accordingly, the customer hereby affirms that this Agreement and the waivers and releases contained herein are binding on the customer and will continue to be binding, notwithstanding the fact that the customer may be intoxicated at the time he or she requests Service.

p. If any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of the Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.

q. The costumer will provide Drink and Drive beforehand and at the latest prior to departure, of all the information needed to complete the contract.

r. If Drink and Drive suffers any damages due to the costumer’s inability to provide proper information or any other kind of obstruction, so that Drink and Drive is not capable of fulfilling its further duties with other costumers, the costumer will be held responsible and will be charged for the amount that the contracts were set.

s. If overtime occurs the costumer will be charged accordingly. In any case, overtime will only be counted after 30 minutes over the set daily or weekly amount.

3. Drink and Drive and its Drivers reserve the right to refuse to provide the Drink and Drive Service to the customer or to any other person if, in the Driver’s sole discretion, such service would be unsafe to the Driver because: (a) the customer or such other person is impaired to the point of unconsciousness; (b) the customer or such other person is armed, belligerent, violent, verbally or physically threatening or abusive; (c) the Vehicle is unsafe to drive; or (d) any other facts or circumstances relevant to Driver’s safety, as determined in Driver’s sole discretion.

4. Drink and Drive provides its Drink and Drive Service subject to availability and assumes no liability should all Drivers be booked at the precise time when service is requested. Drink and Drive and its drivers reserve the right to refuse, cancel or terminate any journey at its discretion without prior notice or explanation. Drink and Drive will not be held responsible for any delays in the arrival of our drivers due to unforeseen circumstances, such as a previous trip taking longer than expected.

5. Cancellation of booking upon our driver’s arrival will incur a fee charge of at least 50% of the original price of the drive.

6. The costumer may cancel a prearranged contract up to 24 hours before the schedule departure. If not cancelled in time, Drink and Drive is entitled to invoice three working hours (minimum national wage) to the costumer. This does not apply to last minute to reservations.

7. All bookings and information about bookings is held in the strictest of confidence and may only be discussed with the customer/customers listed.

8. The contents of price lists, printed materials, brochures and the like are as accurate as possible but do not bind us unless specifically referred to them in the agreement.

9. It is not permitted to contact any of our drivers or other personnel during 365 working days after the completion of the last contract, in order to propose direct or indirect labor, for personal use or the hiring for any similar services, paid or unpaid. Breach will result in a non-negotiable, paid immediately penalty of €20.000 and an additional amount of €450 per day or part of a day, for each day the violation continues.

10. Drink and Drive is completely free in the selection of and mediation with the driver.

11. All invoices are to be paid immediately upon arrival of destination. If the transaction can’t be concluded, the costumer will be provided with an invoice payable within 5 working days of invoice date.

12. The customer must report any complaints regarding the receipts immediately.

13. Drink and Drive reserves the right to adjust, at any time, the fees for its services.

14. This Agreement and the rights and obligations hereunder shall not be assignable or transferable by customer without the prior written consent of Drink and Drive, which consent may be withheld in Drink and Drives absolute discretion.

15. Terms and conditions are subject to change without prior notice and at any time. Deviations from the terms and conditions are only valid if they are agreed in advance in writing.