The Company will use commercially reasonable efforts to arrange and provide the confirmed Services.
The Company does not promise uninterrupted, error-free, delay-free, or risk-free transportation. Nothing in these Terms reduces any duty of reasonable care imposed by applicable law.
Pickup and arrival times are estimates affected by conditions outside the Company’s complete control.
To the fullest extent permitted by law, the Company is not responsible for purely economic or consequential loss resulting from delay, including:
except where such liability cannot lawfully be excluded or where a separate written guarantee expressly applies.
Passengers must schedule adequate contingency time and obtain appropriate travel insurance when needed.
To the fullest extent permitted by law, the Company is not liable for failure or delay caused by circumstances outside its reasonable control, including:
The affected party must use reasonable efforts to reduce avoidable effects where practicable.
The Services may rely on third parties, including:
The Company is not responsible for a third party’s independent act, omission, representation, system failure, or information error except to the extent the Company is legally responsible for selecting, directing, or supervising that third party.
For Affiliate-operated trips, the Affiliate is ordinarily responsible for the physical operation, maintenance, licensing, staffing, and insurance of the assigned vehicle. The Company remains responsible for its own acts and obligations and for any nondelegable legal duties.
Nothing in these Terms automatically releases any party from responsibility for its own negligence, willful misconduct, fraud, or violation of law.
After an accident or emergency, Passengers must, where reasonably able:
No Passenger should admit liability or negotiate a claim on behalf of the Company, Affiliate, or Chauffeur.
A claim should be submitted as soon as reasonably practicable and include:
Failure to provide prompt notice does not bar a claim where applicable law prohibits such a result, but a claim may be affected to the extent that delay materially prejudices investigation or defense.
Nothing in these Terms excludes or limits liability for:
To the fullest extent permitted by law, Services and digital platforms are provided on an “as available” basis.
The Company disclaims implied warranties that may legally be disclaimed, including implied warranties of:
This section does not disclaim any statutory warranty or consumer guarantee that cannot lawfully be excluded.
To the fullest extent permitted by law, the Company will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including:
This limitation applies regardless of the legal theory and even if the possibility of loss was known, except where such limitation is prohibited by law.
Except for liability that cannot lawfully be limited, the Company’s aggregate contractual liability arising from a particular reservation will not exceed the greater of:
This cap does not apply to:
This provision must be interpreted to preserve the maximum lawful limitation rather than eliminate a legally required remedy.
A person claiming loss must take reasonable steps to avoid or reduce additional loss.
The Company is not responsible for avoidable amounts that could reasonably have been prevented, subject to applicable law.
Passengers are encouraged to maintain appropriate:
The Company does not provide insurance for missed travel, event cancellation, luggage contents, personal electronics, jewelry, documents, or business loss.
To the fullest extent permitted by law, the Booker agrees to indemnify and hold harmless the Company and its officers, employees, and representatives from third-party claims, losses, penalties, and reasonable defense costs arising from:
This indemnity does not apply to the extent a claim was caused by the indemnified party’s own negligence, willful misconduct, fraud, or legal violation.
No employee, Chauffeur, dispatcher, or customer-service representative may expand the Company’s indemnification obligations without written authorization from an officer of the Company.
Before commencing formal proceedings, the complaining party should send a written notice containing:
Notice should be sent to:
AH & Yar, Inc. d/b/a Black Car Everywhere
5801 N. Northwest Hwy, Chicago, IL 60631, USA
Email: reservation@blackcareverywhere.com
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete notice.
This informal procedure does not prevent a party from seeking emergency injunctive relief or filing a claim necessary to preserve a statutory deadline.
Except for matters excluded below, the Booker, Passenger, and Company agree that any dispute arising out of or relating to:
will be resolved by final and binding arbitration on an individual basis rather than by a judge or jury.
This arbitration agreement is intended to be governed by the Federal Arbitration Act to the extent applicable and otherwise by applicable Illinois arbitration law.
The arbitrator has authority to determine issues concerning the interpretation and application of these Terms, except that a court of competent jurisdiction will decide disputes concerning the enforceability of the class-action waiver or the validity of the arbitration opt-out procedure.
Arbitration will be administered by:
[SELECT ONE BEFORE PUBLICATION: American Arbitration Association under its applicable Consumer Arbitration Rules, or JAMS under its applicable consumer rules.]
If the selected administrator is unavailable or unwilling to administer the matter, the parties will attempt to select a substitute. If they cannot agree, a court of competent jurisdiction may appoint an arbitrator.
Consumer filing fees and cost allocation will be governed by the administrator’s rules and applicable law.
The Company will not require a consumer to pay fees that would make arbitration prohibitively expensive compared with court.
For a consumer, arbitration may occur:
For a business or commercial account, arbitration will ordinarily occur in Cook County, Illinois, unless otherwise agreed.
The arbitrator may award any individual remedy available under applicable law but may not consolidate claims or award relief for persons not participating in the arbitration, except where applicable law requires otherwise.
Judgment on an award may be entered in a court of competent jurisdiction.
A Booker or Passenger may opt out of the arbitration agreement by sending written notice within 30 days after first accepting these Terms.
The notice must include:
The notice must be sent to:
Arbitration Opt-Out
AH & Yar, Inc. d/b/a Black Car Everywhere, 5801 N. Northwest Hwy
Chicago, IL 60631, USA
A copy may also be sent to reservation@blackcareverywhere.com with the subject line Arbitration Opt-Out, but postal delivery should be used unless the Company expressly confirms that email alone is sufficient.
Opting out will not affect the person’s ability to use the Services. An opt-out applies only to the individual who timely submitted it.
The following may be brought in a court of competent jurisdiction:
Nothing prevents a person from reporting a matter to a government regulator or law-enforcement agency.
To the fullest extent permitted by law, disputes must be brought only in an individual capacity. Neither party may act as:
in arbitration or litigation covered by this provision.
If a court finally determines that this waiver is unenforceable for a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable matters are completed, unless applicable law requires another procedure.
For any dispute properly heard in court, each party knowingly and voluntarily waives trial by jury to the fullest extent permitted by law. This waiver does not apply where legally prohibited.
Except where federal law applies, or local law cannot lawfully be displaced, these Terms and any dispute are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.
Mandatory consumer, transportation, accessibility, insurance, or public-safety laws of the jurisdiction where Services are provided remain applicable where legally required.
Any dispute not subject to arbitration must be brought in:
To the extent permitted by law, a contractual claim arising from a reservation must be commenced within one year after the event giving rise to it.
This contractual period does not apply where:
Prompt notice requirements are intended to support investigation and not to extinguish legally protected rights unlawfully.
Each party will ordinarily bear its own attorney fees and costs.
An arbitrator or court may award fees and costs where authorized by:
Personal information is handled under the Company’s separate Privacy Policy, which is incorporated by reference.
The Privacy Policy should describe:
If these Terms conflict with the Privacy Policy regarding data processing, the Privacy Policy controls unless applicable law requires otherwise.
Users may not:
The Company may suspend access and preserve relevant evidence.
The Company’s:
are owned by or licensed to the Company and are protected by applicable law.
No right is granted except limited personal use of the Website for lawful booking and information purposes.
A person submitting a review, testimonial, photograph, or other content represents that:
The person grants the Company a nonexclusive, worldwide, royalty-free license to reproduce and display submitted content for lawful business purposes, subject to applicable privacy and consumer-review law.
Nothing in these Terms prohibits honest reviews or lawful reporting to regulators.
Electronic acceptance, electronic signatures, checkboxes, payment authorizations, emails, text messages, and electronic records may have the same effect as paper records and handwritten signatures to the extent permitted by law.
The Booker consents to receive contractual records electronically and is responsible for maintaining current contact information.
The Company may update these Terms prospectively.
Material changes will be posted with an updated effective date and, where required, additional notice.
The Terms in effect when a reservation is accepted will ordinarily govern that reservation unless:
The Company will not retroactively impose a materially adverse arbitration provision without legally sufficient notice and assent.
The Booker may not assign rights or obligations under a reservation without the Company’s written consent.
The Company may assign these Terms or a reservation in connection with:
provided the assignment does not unlawfully reduce consumer rights.
Except for protected Company parties, Affiliates where expressly stated, and Passengers covered by a Booker’s acceptance, these Terms do not create rights for an unrelated third party.
These Terms, the Confirmation, any signed service agreement, the applicable Privacy Policy, and incorporated written policies constitute the entire agreement concerning the reservation.
They replace prior oral or written statements concerning the same subject. A signed negotiated agreement controls over these Terms to the extent of a direct conflict.
In case of conflict, the following order applies:
Mandatory law controls over all contractual provisions.
A Chauffeur, dispatcher, greeter, reservation agent, hotel concierge, or Affiliate representative may not modify these Terms unless the Company confirms the modification in writing through an authorized representative. Operational instructions do not amend legal terms.
Failure to enforce a provision on one occasion does not waive the right to enforce it later. A waiver must be in writing and applies only to the specific matter stated.
If any provision is held invalid or unenforceable, it will be:
The remaining provisions will continue in effect unless doing so would defeat the essential purpose of the agreement.
Headings are for convenience only.
“Include” and “including” mean “including without limitation.” The singular includes the plural where appropriate.
A provision will not be interpreted against a party merely because that party drafted it.
Provisions concerning:
The controlling language of these Terms is English unless applicable law requires otherwise. A translation is provided for convenience unless expressly stated to be controlling.
The Company may refuse service where necessary to comply with:
No Passenger may use the Services to evade lawful restrictions.
These Terms are intended as global core terms.
When Services are provided outside Illinois or outside the United States:
If a mandatory local law provides greater protection, that law controls only to the extent required.
Legal notices to the Company must be sent to:
AH & Yar, Inc. d/b/a Black Car Everywhere
5801 N. Northwest Hwy, Chicago, IL 60631, USA
Email: reservation@blackcareverywhere.com Telephone: +1 (800) 967-9416
Operational changes, cancellations, and urgent pickup communications should be made through the reservation or dispatch channel identified in the Confirmation. Sending a legal notice does not automatically cancel a reservation.
Questions about these Terms may be directed to:
Black Car Everywhere
Email: reservation@blackcareverywhere.com
Telephone: +1 (800) 967-9416
