Service Terms and Conditions
These Terms and Conditions (“Terms”) shall govern the relationship between Trees &Companies, Inc. (“TCI”) on the one hand and the customer (“Customer”) with whom it arranges to provide transportation services (“Services”) and the Passenger (“Passenger”) who actually uses the Services on the other hand. These Terms, together with the Rate Schedule at www.mymobileassistant.com and (if provided) any written confirmation from TCI shall constitute the agreement between the parties pertinent to any particular trip or series of trips. Accordingly, Customer and Passenger acknowledge and agree to be bound by the following:
Passengers. TCI will not accept for transportation passengers in excess of the seating capacity of the vehicle. TCI reserves the right to refuse to transport or expel any person for any reason or no reason in its sole discretion at any time before or after initial pick-up. Prohibited conduct that may lead to termination of a trip includes without limitation smoking; possession/consumption of alcohol by minors; possession/use of controlled substances; intoxication; rude, discourteous, distracting, and unsafe behavior; damaging or trashing of the vehicle.
Hourly Rates and Other Charges. Passengers shall be charged for Services at the rates set forth in the “Rate Sheet” periodically published by TCI at its website (www.mymobileassistant.org) or as quoted by an authorized representative of TCI. A fuel surcharge set forth in the Rate Sheet shall be added to the Services charge. Additional fees or levies such as taxes; bridge, ferry, tunnel, highway and other tolls; and entrance fees or parking charges are not included in the rate and will be charged to Passengers separately.
Travel Time. Time of service will be computed from the time the vehicle is ordered to report or the actual time the vehicle reports, whichever is later, to the time the vehicle reaches the agreed destination. Unless otherwise stated in the Rate Sheet or agreed by the parties in writing, Travel time charged will be a one (1) hour minimum or one(1) hour plus 1/4 hour increments if the actual time is greater than one hour.
Payment. The payment of all charges and fees shall be the responsibility of the person or organization requesting the service as well as the Passenger who actually uses the service. TCI reserves the right to require payment of all or apportion of the charges in advance. Unless otherwise agreed in writing, final payment shall be due within ten (5) days of the date of invoice. A late charge of 1.5% per month shall accrue on all late payments.
Cancellation. No charge will be made for cancellation more than 24 hours prior to the scheduled trip. In case of cancellations on less than 24 hours’ notice Customer/Passenger agrees to pay a charge that will be the greater of one-hour’s rate for service or the cancellation rate set forth in Rate Schedule
Force Majeure. If conditions over which carrier has no control, such as weather, road conditions, or acts of God, riot or civil insurrection, make it, in the sole opinion of TCI dangerous or inadvisable to make any trip, either from the point of origin or at any point in route, TCI may delay or cancel the trip in its sole discretion without obligation to Customer/Passenger.
Delays. Although TCI shall, in good faith endeavor to always be on time, TCI cannot/does not guarantee it will arrive at or depart from any point at any particular time.
Customer Property. Passengers place personal belongings in TCI vehicles at their own risk, and TCI accepts absolutely no responsibility for damage, loss or theft of any personal items stored or carried in the vehicle in route or left in the vehicle after completion of a trip.
Damage and clean up. Passenger and Customer shall be jointly liable for the actual cost of repair to any damage to a vehicle caused by the Passenger, and for a clean-up fee of $100.00 when a vehicle is left extraordinarily dirty, either of which will be added to the final bill to the Customer.
Disclaimer. TCI shall endeavor to provide Passenger(s) prompt, courteous and efficient Service(s), treat them in a dignified and appropriate manner, and provide reasonable assistance coming and going from TCI vehicles. However, TCI is not an ambulatory care, Para-transport, or medical care provider, and cannot be expected to perform anything in the nature medical care, assistance, monitoring or treatment for Passengers.
Waiver. Each of Customer and Passenger accepts Services at its own sole risk and TCI shall not be liable to either of them for any claims, demands, injuries, damages, actions, or courses of action whatsoever, to person or property arising out of or connected with the use of the Services (including movement of a passenger to and from a TCI vehicle) and each of Customer and Passenger do expressly hereby forever release and discharge TCI, its officers, employees, agents and contractors from all claims, demands, injuries, damages, actions, or courses of action, and from all acts of active or passive negligence on the part of TCI officers, agents, employees or contractors.
Limitation of Liability. In no event shall TCI be responsible for special, indirect, consequential or punitive damages of any kind as a result of any legal claim related to the provision of Services and TCI’s liability shall be limited to an amount not to exceed any amount collected for the trip or trips that give rise to the claim.
My Mobile Assistant; Service of Trees & Companies, Inc. 3204 Blueford Rd • Kensington MD 20895 • 301-332-1900 www.mymobileassistant.org
ADDENDUM: Explanation and provisions for COVID-19
In order to preserve the safety of MMA Customer/Passengers and Drivers, each of Customer and Passenger agrees to abide by MMA’s, “Travel with Care: Rules of the Road” practices defined below as “Customer/Passenger Protocols”. Although some activities are “advised”, MMA drivers may, at their discretion, require any of the practices listed below of any Customer and/or Passenger. Refusal to abide by safety and/or sanitation
procedures by Customer/Passenger will result in termination of the trip and/or expulsion of said Customer/Passenger from the vehicle. In addition, all My Mobile Assistant “Service Terms and Conditions” will include any risk, behavior, condition, delay and/or loss related to COVID-19 (also known as Coronavirus).
Customer / Passenger Protocols:
- Advised to apply hand sanitizer when entering and leaving vehicles
- Remove items, or place waste in a designated receptacle when exiting vehicles
- Will be seated in the rear of vehicles to maintain social distancing
- May include more than one rider, if traveling together, and arranged in advance
- Must wear a mask throughout the duration of the ride, and are encouraged to wear gloves (provided)
- Have temperature(s) taken and receive “health check-in” for symptoms before entering a vehicle