1. TERMS OF SALE
The Services provided by Tuk Tuk Chicago include the provision of Vehicle Charters, Chartered Tours, Shuttle Services, On Demand Rides from point to point, by 100% electric 3-wheeled passenger-carrying vehicles.
1.1 E-TICKETS OR CONFIRMATION RECEIPT
If you purchase tickets on the Platforms, you will have your tickets or confirmation receipt delivered to you by way of E-ticket or SMS if you have selected to receive your ticket via SMS, which will contain a QR code for scanning. You will need to print the E-ticket and bring the printed copy with you to present to a member of Tuk Tuk Chicago staff at your preferred boarding point. Please note that Tuk Tuk Chicago does not offer physical tickets via the Platforms.
1.2 E-TICKET OR CONFIRMATION RECEIPT REDEMPTION
If you have an E-ticket, you must bring the printed E-ticket, or show the SMS link with E-ticket visible from your phone, along with the credit card used to make the purchase as proof of ID. You should present your E-ticket to a Tuk Tuk Chicago uniformed member of staff, at the preferred boarding point. The member of staff will exchange the E-ticket for travel.
Tuk Tuk Chicago reserves the right to refuse any E-tickets presented without the credit card used to make the purchase.
1.3 TICKETS OR CONFIRMATION RECEIPT TO TRAVEL
You should keep your ticket or confirmation receipt safe as replacements will not be issued. You must show or purchase your ticket/confirmation receipt as you board. The ticket remains the property of Tuk Tuk Chicago and must be produced for inspection and, if requested, be surrendered upon demand to an authorized Tuk Tuk Chicago official. You will not be permitted to use any Tuk Tuk Chicago Service without a valid ticket or confirmation receipt for the entire journey that you wish to make.
1.4 TICKET OR CONFIRMATION RECEIPT VALIDITY
The ticket entitles you to use all Tuk Tuk Chicago Services during operational hours commencing at the time and date printed on your ticket. When the ticket expires, you must either leave the Service at the next available opportunity or purchase another ticket. Extensions will not be given. Some Tickets/confirmation receipts do not guarantee travel on a specific Service or at a specific time. [DM1] If you purchase a two-day ticket or a three-day ticket, you must travel on consecutive days.
1.5 LOST TICKETS/CONFIRMATION RECEIPTS; TICKETS ARE NOT TRANSFERABLE
You must keep your ticket safe. If you lose your ticket, you lose your ride. If you are found traveling without a valid ticket or with an expired ticket, you will be charged the full ticket price for a replacement ticket, or asked to leave the tour at the next stop. Tickets may not be resold or passed onto anyone else. A ticket which has been altered, mutilated, or improperly issued shall not be valid.
Children from 5 – 12 years old travel for free on all individually chartered point to point, and on-demand rides. This may not apply to hourly or full day charters. All passengers, regardless of age are included in the cost of hourly or full day charters. Vehicles hold up to 6 seats belted passengers and children between the ages of 5 – 12 must occupy a seat and use seatbelts. Generally, children under the age of 5 may not be permitted to ride unless they are seat-belted between two adults. All children must be accompanied by an adult at all times.
1.7 DEPARTURE POINTS AND TIMES
Tuk Tuk Chicago endeavors to provide departure points and times for the service, which are as accurate as possible. However, Tuk Tuk Chicago reserves the right to vary such departure points and times without notice, as circumstances require.
1.8 TOUR ROUTE
Tuk Tuk Chicago reserves the right to deviate from the route of a service in the event of marches, parades or where reasonably prudent to do so in the light of circumstances beyond Tuk Tuk Chicago’s control.
1.9 VEHICLE SAFETY
While Tuk Tuk Chicago endeavors to operate its famous 100% Electric 3 wheeled Tuk Tuk Vehicles, it reserves the right not to operate said vehicles from time to time, especially in heat or bad weather.
Tuk Tuk Chicago reserves the right to refuse access to travel on a particular departure should circumstances be deemed to compromise tour safety.
1.10 PRICING AND PROMOTIONAL OFFERS
Prices relating to the Services can be found on the relevant pricing page of the Platforms. All prices are inclusive of applicable local taxes. Tuk Tuk Chicago reserves the right to alter the prices of any Services immediately and without notice.
Tuk Tuk Chicago may from time to time offer discounts or promotional offers, with or without a discount or promotional code. Discounts with codes are usually only valid for one transaction and, once the code is used, it will be deactivated and will no longer be valid. Tuk Tuk Chicago does not bear any responsibility or liability for a discount or promotional offers published on external websites and reserves the right to withdraw any discounts and promotional offers at any time without notice.
In the event that Tuk Tuk Chicago is unable to provide a Service throughout the period of the validity of your ticket/confirmation receipt through circumstances within its control, you shall be entitled to a full or partial refund of the price of your ticket. Any application for a refund must be made in writing to firstname.lastname@example.org. Please scan and attach your ticket/confirmation receipt to your email. However, Tuk Tuk Chicago shall not be in breach of these terms and conditions, nor shall it be liable, for a delay in performing, or failure to perform, any of the Services if such delay or failure results from events, circumstances or causes beyond its reasonable control.
1.12 ACCIDENT OR LOSS
Please take care of all personal property at all times while traveling. Tuk Tuk Chicago will not be liable for any loss, damage, delay, inconvenience, direct or consequential loss, however, caused, unless due to negligence by Tuk Tuk Chicago, in which case its liability is limited (except for death or personal injury) for damages to a maximum of the refund of the ticket price. Tuk Tuk Chicago does not have a Lost and Found policy or office. Any items of personal property left behind will be disposed of without further liability on our part.
The consumption of alcohol is prohibited on the Services at all times.
1.14 TICKET AGENTS
Where a ticket is purchased from one of Tuk Tuk Chicago’s ticket agents, any query regarding the ticket purchase or refund request must be referred to the ticket agent who sold the ticket.
You hereby acknowledge that Tuk Tuk Chicago may take photographs on board any of the Services and you consent, for the purposes of the Data Protection Act 1998 and any other relevant legislation, law or regulation, to any such photographs which include images of you being used in Tuk Tuk Chicago’s marketing and promotional materials, including on the Platforms. Tuk Tuk Chicago will endeavor not to use photographs in which a single individual is present and prominently featured without obtaining that individual’s consent. Any images contained on the Platforms are for illustrative purposes only.
1.16 CUSTOMER CONDUCT; GENERAL CONDITIONS
Tuk Tuk Chicago may at its discretion require any person to alight from a Service if it deems his/her conduct offensive or a nuisance to other passengers, or if behaving in such a way as to constitute a risk to his/her safety or to the safety of other passengers, and Tuk Tuk Chicago shall have no further liability in this regard. With the exception of service animals, as provided below, no animals or pets are allowed on board any Tuk Tuk Chicago buses. Tuk Tuk Chicago has obtained all applicable permits legally required to operate in each city in which it operates its bus tours. These Terms of Sales shall be governed by the laws of the applicable State in which Tuk Tuk Chicago operates.
1.17 ADA ACCOMMODATIONS & ACCESSIBILITY
We will do our best to provide equivalent services for passengers requiring ADA (Americans with Disabilities Act) accommodation or accessibility. Our office must be informed 48 hours in advance with details regarding the accommodations, requirements, and number of passengers in the party. Please call 1-312-836-9253 to make arrangements. Arrangements must be made with company representatives during regular business hours.
1.18 NO DISCRIMINATION
Tuk Tuk Chicago will not refuse to provide transportation based on race, color, national origin, religion, or sex.
1.19 SERVICE ANIMALS
Tuk Tuk Chicago will accept, without charge, a service animal required to assist a person with a disability. To the reasonable extent possible, Tuk Tuk Chicago will assign a seat to the person that provides sufficient space for the person and the service animal. The service animal will not be permitted to occupy a passenger seat. To the extent permitted or required by law, and at their sole discretion, Tuk Tuk Chicago reserves the right to refuse any service animal on board its vehicles when reasonably necessary, for the comfort or safety of other passengers and Tuk Tuk Chicago employees.
If you have any feedback on the Services or the Platforms, please email email@example.com.
2.1 CHANGES TO THE PLATFORMS
Tuk Tuk Chicago reserves the right, at its discretion, to change, modify, add to, or remove portions of these terms and conditions at any time and to restrict access to any areas of the Platforms at any time, without notice or liability. Tuk Tuk Chicago suggests that you check these terms and conditions periodically for changes. If you use the Platforms after changes are posted to this section, you accept the changed terms and conditions.
By using any of the Platforms, you acknowledge and agree that the use of the Platforms is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall Tuk Tuk Chicago be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use, any of the Platforms or any material linked to any of the Platforms (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Tuk Tuk Chicago has been advised of the possibility of such damage. In addition, no liability can be accepted by Tuk Tuk Chicago in respect of any changes made to the content of any of the Platforms by unauthorized third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.
Any software which is downloadable from any of the Platforms is downloaded at your own risk.
Nothing in these terms and conditions affects your statutory rights. Nothing in these terms and conditions excludes Tuk Tuk Chicago’s liability for:
- death or personal injury arising from Tuk Tuk Chicago’s negligence;
- fraud or fraudulent misrepresentation; or
- any other loss or damage which cannot be excluded or limited under applicable law.
2.3 PLATFORM AVAILABILITY
To the extent permitted by applicable law, Tuk Tuk Chicago does not warrant that any of the Platforms will be available at any time or that your access to any of the Platforms will be uninterrupted, timely, error-free or free from viruses or other harmful components. If any of the Platforms are unavailable, please report this by e-mailing firstname.lastname@example.org and Tuk Tuk Chicago will attempt to correct the fault as soon as Tuk Tuk Chicago reasonably can. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this website and for ensuring that you have adequate anti-virus protection installed on the equipment used to access this website.
2.4 INTELLECTUAL PROPERTY
Unless otherwise stated, all intellectual property in the Platforms and all rights in any information which appears in any of the Platforms (including the screen displays, the content, the text, graphics and look and feel of any of the Platforms) belongs to Tuk Tuk Chicago or its licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names, and logos may constitute an infringement of the holders’ rights. Tuk Tuk Chicago does not warrant that the Platforms do not infringe any intellectual property rights of third parties.
Your use of any intellectual property displayed on or relating to the Platforms, except as provided in these terms and conditions, is strictly prohibited. Tuk Tuk Chicago will aggressively enforce its intellectual property rights to the fullest extent of the law. Nothing relating to the Platforms should be construed as granting any license or right in or to any trademarks, service marks or trade dress of Tuk Tuk Chicago or any other intellectual property owned by any member of Tuk Tuk Chicago group. You may print off one copy and may download extracts, of any page(s) from the Platforms for your personal use and you may draw the attention of others to content posted on the Platforms.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Tuk Tuk Chicago’s status (and that of any identified contributors) as the authors of content on the Platforms must always be acknowledged.
You must not use any part of the content on the Platforms for commercial purposes without obtaining a license to do so from Tuk Tuk Chicago or its licensors.
2.5 THIRD PARTY SITES
Tuk Tuk Chicago is not responsible for the content of any other sites that are linked to or from any of the Platforms and Tuk Tuk Chicago excludes all warranties and all liability for any loss or damage you incur as a result of your use of such sites.
2.6 LINKING CONDITIONS FOR SITES
You may not link to any applicable Platform unless you have obtained the prior written consent of Tuk Tuk Chicago. If you have obtained consent, you must comply with the following conditions:
- you must only link to the homepage of this website (http://www.tuktuk-chicago.
com/). Linking to other content within the relevant Platform is prohibited without Tuk Tuk Chicago’s express written permission; the text of the link must read either “Tuk Tuk Chicago Tours” or “www.tuktuk-chicago.com”. You may not use any Tuk Tuk Chicago logo or graphics as part of the link without Tuk Tuk Chicago’s prior written consent;
- the link and surrounding content on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Tuk Tuk Chicago; (b) portray Tuk Tuk Chicago, or its products or services, in a false, misleading, derogatory or otherwise offensive manner, or in a way which damages or is likely to damage the reputation of Tuk Tuk Chicago; or (c) alter the layout, content, look or feel of the relevant Platform; and
- you must not establish a link to a Platform where such link is not owned by you.
Tuk Tuk Chicago assumes no responsibility for the content of websites linked on the Platforms. Such links should not be interpreted as an endorsement by Tuk Tuk Chicago of those linked websites. Tuk Tuk Chicago will not be liable for any loss or damage that may arise from your use of them.
2.7 ACCEPTABLE USE
You must not use any of the Platforms for any unlawful, improper or illegal purpose or activity. Furthermore, you must not use any of the Platforms in a way which causes or may cause:
- damage to the reputation of Tuk Tuk Chicago;
- any of the Platforms, or the services offered through any of the Platforms, to be interrupted, damaged or impaired;
- a virus or malicious code to be introduced into any part of any Platform;
- offense or detriment to any other person who uses any of the Platforms;
- Tuk Tuk Chicago, you or any other user of any of the Platforms to be in breach of any applicable law or regulation; or
- detriment to any person who supplies services to Tuk Tuk Chicago in connection with any of the Platforms.
You are prohibited from:
- modifying, translating, decomposing, decompiling, reverse engineering, disassembling or otherwise attempting to gain access to the source code of all or any part of any Platform;
- creating derivative works from any part of any Platform; or
- copying any part of any Platform (including any related documentation) or making commercial use of, leasing, charging, selling, publishing, sub-licensing, distributing, assigning or otherwise transferring any part of any Platform.
2.8 UPLOADING CONTENT
Whenever you make use of a feature that allows you to upload content to the Platforms, or to make contact with other users of the Platforms, you must comply with the content standards set out above in the “Acceptable Use” section.
You warrant that any such contribution does comply with those standards, and you will be liable to Tuk Tuk Chicago for any breach of that warranty. This means you will be responsible for any loss or damage Tuk Tuk Chicago suffers as a result of your breach of warranty.
Any content you upload to the Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Tuk Tuk Chicago a limited license to use, store and copy that content and to distribute and make it available to third parties. As such, you grant to Tuk Tuk Chicago a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of and display your content in connection with the Services across different media, including the Platforms.
Tuk Tuk Chicago also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this website constitutes a violation of their intellectual property rights, or of their right to privacy.
Tuk Tuk Chicago will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Platforms.
Tuk Tuk Chicago has the right to remove any posting you make on the Platforms if, in its opinion, your post does not comply with the content standards set out above in the “Acceptable Use” section.
The views expressed by other users on the Platforms do not represent Tuk Tuk Chicago’s views or values.
You are solely responsible for securing and backing up your content.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or another forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
2.10 PRIORITY OF LAWS
In the event that any part of these terms and conditions at any time conflicts with the laws of a jurisdiction in which you use the Services or the Platforms, the laws of that jurisdiction shall prevail but only to the extent of such conflict.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
2.12 GOVERNING LAW
These terms and conditions are governed by the laws of the State of Illinois and you agree that the Illinois courts shall have exclusive jurisdiction in any dispute.
3. TERMS RELATING TO THE APP
The following additional terms apply to your use of the Tuk Tuk Chicago App when it becomes available. The App will be free to download resource for customers of Tuk Tuk Chicago.
3.1 INFORMATION ACCURACY
Tuk Tuk Chicago Tours endeavors to ensure that the information contained within the App is accurate at the time of download, but accuracy cannot be guaranteed. If using an interactive map that was downloaded on a previous day, please click on the ‘Update’ tab to ensure you have the latest version available. You are solely responsible for installing updates to the App when such updates are made available to you by Tuk Tuk Chicago. You acknowledge that your use of the App may be adversely affected if you fail to update the App when prompted and Tuk Tuk Chicago accepts no liability whatsoever in the event you fail to do so.
3.2 TIMINGS AND PRICES
Times and prices listed within the App are provided as a guide only. Tuk Tuk Chicago cannot be held responsible for changes to the opening times or prices of third party visitor attractions. Tuk Tuk Chicago reserves the right to vary tour times without notice, as circumstances require.
3.3 ROUTE CHANGES
Tuk Tuk Chicago reserves the right to deviate from the routes and stops indicated within the App when it is reasonably prudent to do so.
3.4 TICKETS OR CONFIRMATION RECEIPT
To access the Tuk Tuk Chicago vehicles, you must be in possession of a valid ticket or confirmation receipt. Possession of the App does not constitute a ticket or provide access to the tour.
For safety reasons, customers are required to remain seated with seatbelts secured while the vehicle is in motion. Please only consult the App only when it is safe to do so.
3.6 REFUNDS AND LIABILITIES
The App will be developed as a customer aid and will be provided in good faith. The details included in the App cannot be guaranteed. Tuk Tuk Chicago will not be held liable for any problem that arises because of inaccurate information contained within the App. If in any doubt about the information contained within the App, please consult a member of Tuk Tuk Chicago staff for clarification.
3.7 DATA DOWNLOADS
Each interactive map requires a data download of approximately 10mb (but each download may be a greater or lesser amount of data). To minimize data costs, it is recommended to download the interactive maps when a wireless connection is accessible. Once the interactive map is downloaded, no further data exchange is required unless you choose to access the Google/Apple map function. You are responsible for the payment of any charges incurred as a result of your use of any App, including charges imposed by your mobile service provider (including any data charges).
4. SPECIFIC TERMS
If you purchased tickets on the Platforms to use the Services in the territory of the United States of America the following provisions shall apply:
4.1 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS ARE PROVIDED BY TUK TUK CHICAGO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TUK TUK CHICAGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TUK TUK CHICAGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TUK TUK CHICAGO DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS, TUK TUK CHICAGO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TUK TUK CHICAGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TUK TUK CHICAGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Section 2.12 above shall not apply. Any dispute or claim relating in any way to your use of any Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
4.3 APPLICABLE LAW
Section 2.12 above shall not apply. By using any Tuk Tuk Chicago Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Tuk Tuk Chicago.
Thank you for using our Services and Platforms.
© Tuk Tuk Chicago 208 All rights reserved.
Last Updated: Sept 2018