Hourly Rate Service / Winery & Distillery Tours

• 4-hour minimum
• Gratuity not included
• Incidentals (e.g. parking fees) will be added to the final bill
• Addition Fees billed in 15-minute increments
• Hourly charges begin at pick-up time and conclude at drop-off
• Additional fees for pickup/dropoff more than 30 minutes or 30 miles from Rochester – please inquire.

• A non-refundable deposit of $200 is required to secure your service date.
   
• When cancellation request is made 7 or more days prior to scheduled charter, the non-refundable deposit may be applied as a full credit(minus a $50 administrative fee) towards a rescheduled reservation within one year.
   
• When cancellation request is made within 6 days of the scheduled tour, client will incur charges for the full 4-hour minimum and may also be responsible for cancellation fees imposed by individual wineries. 50% of the charter fee for the cancelled tour date may be applied towards a rescheduled charter within one year.
   
• Winery availability cannot be guaranteed and wine tour itinerary proposal will not be sent to client until charter date has been secured with a credit card.
   
• In the event of cancellation, all winery appointments made by FLXCS on behalf of the client will be cancelled, without exception.
   

• Personalized planning of your tour itinerary
• Bottled water 
• Light snacks
   

• Wine tasting and/or tour fees are not included; FLXCS will advise client of anticipated fees as itinerary is confirmed.
   
• Lunch is not included; menus will be provided for casual take-out lunch options or make lunch reservations at a local restaurant, at your preference.

All car service  reservations for FLXCS are contingent upon Client’s full understanding and agreement to the following terms & conditions.

• Rates includes all taxes, license fees.
   
• Any additional charges, such as pickup fees and fuel charges will be stated on the Customer Agreement.
   

• When cancellation request is made 7 or more days prior to scheduled service, the non-refundable deposit may be applied as a full credit(minus a $50 administrative fee) towards a rescheduled reservation within one year.
   
• When cancellation request is made within 6 days of the scheduled tour, client will incur charges for the full 4-hour minimum and may also be responsible for cancellation fees imposed by individual wineries. 50% of the charter fee for the cancelled tour date may be applied towards a rescheduled charter within one year.
   

Client will be charged for the full charter fare in either of the following two cancellation scenarios:

• If Client calls to cancel less than 48 hours prior to scheduled pickup time/date.
   
• If Client fails to be present at the designated pick-up location at the contracted time (i.e. “No-show”). If you cannot locate your driver, call 585.259.8945. To avoid being billed as a “No-show,” do not leave your pick-up location without contacting us. You MUST contact us by phone.
   

Circumstances beyond the Client’s control:

• If FLXCS for any reason beyond its control is unable to perform the chartered service, the Client shall be limited to a full refund of any money paid.
   
• FLXCS is not responsible for service delayed or not rendered due to circumstances beyond our control including weather, traffic conditions, road conditions and breakdown. In the event of a mechanical breakdown, we can attempt to make other arrangements for the Client, at the Clients’ own expense, but cannot guarantee replacement transportation. We do not guarantee vehicle availability or pricing for reservation changes. A 50% refund will be given on service time that has been performed before the breakdown and no further time will be charged for agreed upon charter that cannot be performed.
   
• FLXCS reserves the right to substitute the contracted vehicle in the event of a mechanical issue before charter begins, with a vehicle of comparable comfort and quality.
   

• Wine tasting fees, parking fees, overtime charges, travel and other surcharges that cannot be calculated prior to service and are not included in the estimate.
   
• Client is responsible for the full payment of any overtime charges beyond the original charter agreement. Overtime will be charged in 15-min increments at the hourly rate.
   
• The credit card provided at the time of booking will be used for all charges, unless otherwise indicated by the Client. Charges will reflect costs incurred while performing services for reservations placed with us by the Client, its agents, and any individuals requesting transportation as an authorized employee of the Client and will reflect costs including but not limited to trip charges, parking, winery reservations that require pre-paid tasting/tour reservations (only as pre-approved or requested by the guest), and gratuity (at the Clients’ discretion).
   
• Fuel, tax & license fees are all included in the service rate (no additional surcharges for these items will be added to final bill)
   

• Our vehicles are strictly non-smoking. Client agrees that there will be no smoking in our vehicle(s).
   
• If smoking does occur, Client will be charged $500.00 fumigation/cleaning fee. At the discretion of driver, violation of our terms regarding smoking may result in immediate termination of the services and forfeiture of all paid deposits and fees for service.
   

• In compliance with NYS Regulations, consumption of alcoholic beverages by passengers less than 21 years of age is prohibited.
   
• The driver reserves the right to check the identification of any passenger at any time during services if underage alcohol consumption is suspected.
   
• The driver also reserves the right to refuse service to anyone under the age of 21 if they are suspected of alcohol consumption. Violation will result in immediate termination of services and forfeiture of all paid deposits and fees for service.
   

• Client and all passengers in Client’s party are expected to conduct themselves in a manner not injurious to themselves, to third parties, or to the hired vehicle. All passengers agree to behave in an orderly and well-behaved manner.
   
• Client is responsible for any damages to the vehicle caused by him/herself or any guests in his/her travel party. In the event of any physical damage to the vehicle caused by Client or any passenger, there will be a minimum additional charge of $500.00 for the repair and/or cleaning of the vehicle. This includes anyone getting sick in the vehicle.
   
• The decision as to the unusual use or wear of the vehicle rests with FLXCS solely, and our experience as to the general use of hired vehicles. Client is fully responsible for the repair and/or replacement of any part of the vehicle harmed by any passenger. Repair costs will be charged to Client’s credit card. During repairs, Client may also incur charges for the loss of use/or income generated by loss of use of this vehicle.
   
• FLXCS reserves the right to expel any person from the vehicle and/or terminate this contract in the event of a violation of any of these conditions by any passenger. If at any time the service is terminated due to unruly conduct, damages to the vehicle, or abuse of any kind that we deem valid, no refund of money will be made. FLXCS reserves the right to refuse service as it deems appropriate.
   

• FLXCS is not responsible for lost or damaged luggage or for any baggage, personal belongings or any items left in the vehicle during or after use of our services.
   
• Client waives all claims for consequential damages and agrees that liability shall be limited to the full amount paid to us for the disputed service unless otherwise required by law.
   

• This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Rochester, New York.
   
• You (the Client) and FLXCS (provider of car services) agree that any and all disputes and claims relating in any way to this agreement (including the arbitration of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of New Your, Monroe County.
   
• If you and FLXCS cannot agree on arbitrators, the Presiding Judge of the Monroe County Superior Court shall appoint them.
   
• The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA).
   
• You and FLXCS may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators.
   
• The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
   
• The United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded, will not govern this Agreement.
   
• To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise.
   
• However, to the extent you have in any manner violated or threatened to violate FLXCS’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
   

• If this agreement is referred to an attorney and/or collection agency, Client agrees to pay all attorney and/or collection fees. Should legal action be necessary to enforce any rights or obligations under this agreement, the prevailing party will be entitled to reasonable attorney’s fees and related costs.
   

• If one party agrees to waive its right to enforce any term of this agreement, it does not waive its right to enforce such term or any or all other terms of this agreement at any other time.
   
• Client has read and understands the above terms and conditions. Client understands that the reserved vehicle charter service is contingent upon acceptance and adherence to these terms & conditions.