1 GENERAL PROVISIONS
These Terms of Services (these “Terms”) regulate the use and access by User, an individual, from within the United States and its territories and possessions of our mobile applications, websites, and other online products and services (hereinafter the “Services”) made available in the United States and its territories and possessions by Blacq Horse and/or its affiliates (collectively, “Blacq Horse”).
Please read these terms attentively before using the Services. The access and/or use of the Services shall be treated as User’s consent to be bound by these Terms, which establish a legally binding relationship between the User and Blacq Horse. (as so agreed, the “Agreement”).
This Agreement regulates the use of the Technology and Services (each as defined below) and is between the User and Blacq Horse. “Blacq Horse” “we,” “us,” and “our” mean Blacq Horse, a
Corporation, its subsidiaries and affiliated companies. As per the Laws of the United States, these Terms
and Conditions constitute a binding agreement between the User and Blacq Horse and/or its subsidiaries and affiliated companies.
Blacq Horse uses its Services to connect the User and independent third-party contractors who provide transportation services (“Contractors”). Blacq Horse (as defined below) permits the User to place _______. If a transportation order was made by the User, Blacq Horse uses the Technology to notify Contractors that a transportation opportunity is available and to facilitate required transportation arrangements for the User. If transportation was arranged by the contractor, Blacq Horse uses the Technology to communicate with the User regarding the availability for the transportation. Blacq Horse is not a transportation service provider or transportation company.
If the User accesses any of our websites located at https://BlacqHorse.com or use Blacq Horse
mobile application, install or use any other technology provided by Blacq Horse (herein the “Technology”), or access or use any information or service made available by Blacq Horse (collectively, the “Services,” which includes the Technology), any usage of the Services or Technology constitute the action to signify the User’s acceptance of this Agreement or complete the Blacq Horse account registration process the User hereby represents and warrants that:
(a) the User have read, understood, and agreed to be bound by this Agreement and any future
amendments to this Agreement as published from time to time at https://BlacqHorse.com or through the Technology;
(b) the User is of legal age in the jurisdiction in which the User resides to make a binding contract with Blacq Horse; and
(c) the User has the authority to enter into the Agreement personally and, if applicable, on behalf of any legal entity on whose behalf the User has created an account or named as the User during the Blacq Horse account registration process.
The terms “User” and “Users” refer to individuals and legal entities who use the Services, including, without limitation, any organizations that use the Services through their employees, agents, or representatives. The available Services may vary based on selection. A certain Service (a) available to Users may not be available to all.
NOTE: If the User does not agree to be bound by the Agreement, do not use the Services. Blacq Horse reserves the right to amend this Agreement at any time, effective immediately when posted at https://BlacqHorse.com. In case there are any material changes to this Agreement, then the User will receive a notification via the User’s email address provided to us. If the User does not agree to these amendments, the User should not use the Services.
2 RULES AND PROHIBITIONS
2.1 Rides and Hourly Bookings
The User can choose either transfer ride or hourly booking for a particular Request. If the Request requires additional services, the Blacq Horse should notify the Contractor. The price for additional services may be charged in addition.
The price for transfer ride quoted is valid for a start and destination address. An additional fee, according to the current price structure, accrues on every stopover on the route. For hourly bookings, the trip must be ended in the city area of the pickup location. An hourly booking starts at the pickup time confirmed in the booking.
The Contractor becomes liable to provide the transportation Services to the User only after the booking confirmation (“Booking Confirmation”) received by the User via email or through the Technology. The User entitled to demand the transportation services from the Contractor directly as well as to make further claims directly against the Contractor after the Booking Confirmation.
2.2 Changes to Service
Changes in Travel Arrangements are subject to the availability of the Contractor and can be made by the User, at any time in accordance with the procedure described therein.
2.3 Vehicles
The User can choose from different vehicle classes (SUV, luxury sedan, Mercedes, VIP First class.) for their Ride Request.
The vehicle images shown in the Blacq Horse mobile application are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category – regional differences are especially possible.
2.4 Upgrades
Upgrades of the vehicle class after the Booking Confirmation to a higher vehicle class at no additional cost to the User, may be possible, however, this should be confirmed by the Contractor.
2.5 Luggage
The price given in the Booking Confirmation includes the number of pieces of luggage specified on the booking form. Excess luggage, bulky luggage not stated as an additional comment upon booking could lead to corresponding surcharges; the arrangement fee will also be higher, as stated in the Booking Confirmation. The Contractor will have the right to refuse the transportation of animals which were not stated in advance.
2.6 Animals
The price given in the Booking Confirmation applies to the transportation of animals stated as an additional comment upon booking. If the transportation of an animal is not commented properly, this could lead to corresponding surcharges; the arrangement fee will also be higher, as stated in the Booking Confirmation.
The Contractor will have the right to refuse the transportation of animals which were not stated in
advance.
2.7 Carriage of Children
The need for safety seats for children should be requested by the User as an additional comment. The User should specify the age of a child as well as the required type of seating for each child.
2.8 Information on Number of Passengers and Pieces of Luggage
The User is obliged to list all passengers. The Contractor will have the right to refuse the transportation if the number of passengers or the number of items of luggage extent the capacity of the chosen vehicle at any time. If, due to this, the transportation is not possible, this has no influence on the payment of Blacq Horsethrough the arrangement agreement with the User for the transportation booked.
2.9 Delays
In case of certain events such as natural causes (fire, storms, floods), governmental or societal actions
(war, invasion, civil unrest, labor strikes), infrastructure failures (transportation, energy) can be compensated only to a limited extent such as waiting time may be extended or the Contractor’s
cancellations must be accepted by Users.
2.10 CANCELLATION AND CHANGES
2.10.1 Transfer Rides
Cancellation is free of charge for the Transfer Rides, if there is more than one hour left before the agreed pickup time. If there is one hour or less before the agreed pickup time, the total price must be paid. A cancellation can only be done in Blacq Horse mobile application or Blacq Horse website.
2.10.2 Hourly Bookings
Cancellation is free of charge for Hourly Bookings, if there are more than 12 hours left before the pickup
time. In case the cancellation is happening when 12 hours or less before the pickup time, the total price must be paid. A cancellation can only be done in Blacq Horse mobile application or Blacq Horse website.
2.10.3 Changes
All changes shall be treated as cancellations and the rules specified in 3.10(a) and 3.10(b) shall be applied.
2.11 No-Shows and Delays by the User
In case of a no-show, the User loses the right for Transfer Rides and/or Hourly Bookings to demand the
service from the Contractor. The User’s no-show does not affect the Blacq Horse’s right to claim the full
amount specified in the Booking Confirmation.
2.11.1 Transfer Rides
The no-show becomes effective within 30 minutes after the agreed pickup time at the agreed pickup
locations other than airports or long-distance train stations.
Transfer Rides with pickup locations at airports and/or long-distance train stations the no-show becomes effective no-show when the User within 60 minutes after the agreed pickup time at the agreed
pickup location. In case of the User’s no-show, the ride must be paid for in full, whereas possible surcharges for waiting time do not apply.
The Contractor and the User may agree on a later pickup time by phone. Possible surcharges for waiting time have to be remunerated. The User has no right to amend the Booking Confirmation unilaterally.
2.11.2 Hourly Bookings
The no-show becomes effective upon expiration of the Hourly Booking time. In case of the User’s no-
show, the ride must be paid for in full.
The Contractor and the User may agree on a later pickup time by phone. Possible surcharges for waiting
time have to be remunerated. The User has no right to amend the Booking Confirmation unilaterally.
2.12 Behaviour in the Vehicle
When traveling the User must follow:
(a) Applicable traffic laws;
(b) Any instructions given by the driver;
(c) It is strictly prohibited to open the doors while driving, throw any objects from the vehicle,
and/or stick body parts out of or shout from the vehicle.
(d) Smoking is prohibited in the vehicle. If the User, or guest, ignores this, they are liable to pay not
only the cost for the cleaning of the vehicle but also compensate the loss of business due to the
downtime of the vehicle.
(e) The consumption of food is discouraged.
(f) Alcoholic drinks are not allowed to be consumed in the vehicle at any time.
3 PAYMENTS
3.1 Calculation of the Amount of Compensation
The amount of compensation is specified by the Blacq Horse in the Booking Confirmation.
The amount of compensation is calculated as per the following:
(a) the chosen vehicle class;
(b) the distance;
(c) time of advance booking;
(d) duration of Hourly Booking;
(e) pickup time;
(f) pickup location;
(g) special requests;
(h) multilingual driver;
(i) individual vehicle labeling;
(j) additional stops;
(k) bulky luggage;
(l) car seats for children.
3.2 Changes during the Ride
The Contractor and the User may agree on amendments to the Booking Confirmations. The amount of compensation will be newly calculated and priced according to the current price structure. In the case of changes to hourly bookings, each additional 30-minutes is considered for invoicing from the first additional minute of every new 30-minute time period. If the distance or number of hours are less than originally booked, the amount of compensation shall not change.
3.3 Additional Miles for Hourly Bookings
Mileage limits are applied to Hourly Bookings. Any additional miles are subject to surcharge, including applicable taxes, and are calculated according to the price per mile of the particular area as well as the
vehicle category.
3.4 Terms of Payment and Transaction Fees
The User can pay by credit card. Incidental credit card charges are carried by Blacq Horse. Any transaction fees when making payments via bank transfer are carried by the User.
3.5 Payment Reminders, Unpaid Credit Card Invoices
Blacq Horse may charge a fee for each payment reminder submitted to the User.
3.6 Sending of Invoices, Payment Dates
Blacq Horse provides the User with the invoice via the email, provided by the User.Blacq Horse charges the User’s card Immediately after the Booking Confirmation. The outstanding invoice shall be paid by the User on or before the due date specified in the invoice.
3.7 Vouchers
Blacq Horse may provide Users with payment vouchers. One voucher cannot be combined with other vouchers. Vouchers are not redeemable for cash.
3.8 Refunds
Any amounts paid by the User are final and non-refundable. Blacq Horse has no obligation to provide
refunds or credits. Refunds or credits may be granted atBlacq Horse’s sole discretion in each case. The User may be requested to provide required information to Blacq Horse; if the User does not respond in full on Blacq Horse’s request, the User agrees and acknowledges that the User’s claim may be rejected.
4 USER ACCOUNT
The User is required to register an account to use the Services and/or Technology. The User must
provide Blacq Horse with accurate, current, and complete information during the registration, and to
update the provided information if any changes become effective. The person registered as the User is the sole owner of any account you create through the Services. The User is responsible for any and all
activities of the User’s account. The User agrees to prevent use of the User’s account by minors and
accepts full responsibility for any unauthorized use of the User’s account. The User may not authorize
other persons to use the account. The User’s account may not be transferred to or assigned to any other person or legal entity. The User is liable, for losses, damages, liability, expenses, and fees incurred by Blacq Horse or any third party arising from someone else using the User’s account. In case the User provides untrue, inaccurate, not current, or incomplete information, or if Blacq Horse has reasonable grounds to suspect that provided by User information is untrue, inaccurate, not current, or incomplete, Blacq Horse has the right to suspend or terminate User’s account. The User agrees not to create an account or use the Services if the User has been previously removed, blocked or terminated by Blacq Horse.
5 ARBITRATION AGREEMENT
This section shall be referred to as the “Arbitration Agreement.”
Please read this section attentively.
The Arbitration Agreement between the User and Blacq Horse requires that any and all claims shall be
resolved by binding arbitration or in small claims court, if allowed by applicable law. The User may not pursue a class action or similar proceeding in any forum against Blacq Horse. If the User is outside the United States, but attempts to bring a claim in the United States, arbitration is required for determination of whether this section applies to such User.
5.1 Scope of Arbitration Agreement
This Arbitration Agreement shall apply, without limitation, to all claims that arose after the effective date of this Agreement. The effective date of this agreement shall be the date of the User registers the User’s account. The User agrees that any dispute or claim arising out of the Agreement between the Blacq Horse and the User (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, Blacq Horse may seek equitable relief in court for infringement or other misuse of any intellectual property. This Arbitration Agreement does not limit the User in his/her rights to assert claims in small claims court if such claims qualify.
5.2 Informal Resolution
The User and Blacq Horse agree to follow good-faith informal resolution of any dispute between them in order to prompt, low-cost, and mutually beneficial outcome. The User and Blacq Horse agree that, before either Party starts any arbitration proceeding, the Parties shall personally meet and confer, via telephone and/or videoconference, in an effort to resolve informally any claim aroused. The User may be represented by a counsel.
The party initiating the claim must notify the other party in writing of the intent to initiate an informal dispute resolution conference. This conference shall shall occur within 60 days upon the other party receives such notice. The notice addressed to the Blacq Horse must be sent to following email address: info@blacqhorse.com. The notice addressed to the User may be sent to the User’s email specified in the User’s account.
5.3 Arbitration Rules and Forum
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state the User’s residence shall apply. Before a party may begin an arbitration proceeding, that party must make good-faith attempt to resolve the dispute informally on the conference, stated above.
Upon completion of the informal dispute resolution conference as described above, notice certifying completion of the informal dispute resolution conference has been served by the Party seeking arbitration. The party seeking arbitration must then file proper arbitration demands with our ADR service provider following the respective ADR service provider rules, but in any case the following information:
(a) the name, telephone number, mailing address, and email address of the party seeking
arbitration;
(b) the legal claims and the factual bases;
(c) the remedy sought and the calculation of the amount in controversy, enumerated in United
States Dollars;
(d) the signature of the party seeking arbitration.
If Blacq Horse’s ADR service provider is not available to arbitrate, the parties will mutually select an
alternative arbitral forum.
5.4 Arbitration Powers
The arbitrator, and not any other court or agency, shall have the authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, to the extent permitted by applicable legislation. All disputes regarding the payment of arbitration fees shall be determined by an arbitrator, and not by any other court. The arbitration will decide the rights, obligations and liabilities of the Parties, except if agreed in this Agreement. The arbitration proceeding shall not be consolidated with any other proceeding. The arbitrator may issue orders, allowing the Parties to conduct sufficient discovery that may be required for claims and/or defenses.
The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief according to applicable law, the arbitral rules, and this Agreement (including this Arbitration Agreement). The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding to the Parties.
5.5 Waiver of Jury Trial
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A BENCH OR JURY TRIAL. The parties agreed to have all disputes resolved by arbitration.
5.6 Survival of The Arbitration Agreement
This Arbitration Agreement will survive any termination of the Agreement between the Parties.
5.7 Amendments to the Arbitration Agreement
Notwithstanding any provision in the Agreement to the contrary, the Parties agree that in case of any
amendments to this Arbitration Agreement, it will not apply to any had already provided notice to the
opposing Party.
5.8 Entire Agreement; Severability
This Arbitration Agreement shall be treated as full and complete agreement governing the formal disputes resolution covered by this Arbitration Agreement between the Parties. If any part of this
Arbitration Agreement is unenforceable, the rest of the Arbitration Agreement will be enforceable.
5.9 Indemnification
To the extent permitted by law, the User agrees to indemnify and hold harmless Blacq Horse (hereinafter “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from this Agreement (including this Arbitration Agreement); (b) misuse of the Technology or Services by the User; (c) any violation of
applicable laws, rules, or regulations by the User. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this section, the User agrees to cover all costs related to the defense of the Indemnified Party, including reasonable attorneys’ fees incurred by the Indemnified Party. Blacq Horse shall have the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. The User agrees that the provisions of this section shall survive any termination of the Agreement.
6 EXCLUSIVE VENUE
6.1 United States Users
To the extent the parties are permitted under this Agreement to initiate litigation in a court, the Parties
agree that all claims and disputes arising out of the Agreement (including any contract claim, tort claim, statutory claim, or claim for unfair competition), shall be litigated in the state or federal court located in
_____ .
7 TERMINATION
Blacq Horse may modify or discontinue the Technology or Services or may terminate the User’s access to the Technology or the Services, for any reason, with or without notice and without any liability and/or
obligation to the User. Blacq Horse reserves the right to take any appropriate legal action. This Agreement shall remain enforceable against the User at any time. All provisions stated as provisions that should survive upon termination shall survive the termination of this Agreement.