Koast, 388 Market St., San Francisco, CA, 94111 (hereinafter referred to as "Koast") enables its users to book transportation services via its own online platform by integrating third-party online platforms and applications for mobile devices ("apps"; all methods collectively referred to as "Koast Tools"). Koast's service consists of arranging for the transportation of a user by an independent ride service provider (Transportation Service Provider or "TSP"). Koast arranges this business service for the user but does not provide the actual transportation service.
These General Terms and Conditions ("T&Cs") are part of each agreement of the user concerning Koast's arrangement of business service contracts. They also describe the details of the transportation services for which Koast provides the user a direct claim against a particular TSP.
Conflicting general terms and conditions of the user are hereby also contradicted in the case of confirmation letters and services accepted without condition. Any terms to the contrary shall only apply insofar as the management of Koast has expressly consented to this in writing.
2.1 Contractual relationship. Koast does not itself provide the transportation services in connection with the Koast Tools and does not do so by way of third-party agents. Koast only provides the user with a claim for transport against a TSP, which is independent of Koast. For this purpose, Koast concludes the necessary agreements on its own behalf with the TSP that provide the user with a claim for transport against the TSP ("contract for the benefit of third parties"). On this basis, the user is entitled to request the transportation service and any further claims in respect of that service directly from the TSP. Koast and the user only agree to the arrangement of a business service contract and not to the arrangement of the actual transportation services. The claim for compensation by Koast includes the compensation for arranging business services as well as the compensation distributed to the TSP for the transportation services.
2.2 Conclusion of contract. By transmitting a completed booking form via the Koast Tools or by making arrangements by telephone with Koast, the user transmits an offer to conclude a business service contract ("ride request"). Koast first transmits an email confirmation of the details of the requested ride service it has received; in so doing, Koast only confirms receipt of the ride request. It is only by separate declaration ("booking confirmation") by email from Koast that the business service contract between Koast and the user is concluded for the desired ride service. The user is then directly entitled vis-à-vis the TSP to request the ride service and to assert further claims in respect of such ride service directly against the TSP.
The user provides assurance to Koast that all information it transmits or has transmitted to Koast on its behalf by another person is complete and accurate. Registrations by automated processes are prohibited.
4.1 Ride types, service changes. Depending on local availability, the user can select ride requests that include transfer rides, long-distance rides (transfer rides starting at 100 miles), rides on demand ("chauffeur hailing") and hourly bookings. If the ride actually carried out involves additional expenditure of effort due to requests that differ from the initially requested ride, the TSP will accommodate these requests to the extent possible; additional effort may result in additional costs (see Section 5). Subject to availability, changes may be requested even after conclusion of the contract but may result in additional charges.
For transfers, long-distance rides and rides on demand, the displayed price is determined on the basis of a start and a destination address; additional stopovers may incur an additional fee. An hourly booking always begins at the booked pickup time and ends in the city area of the pickup location; if the ride completes outside that area, or the booked miles or duration are exceeded, additional fees may apply.
4.2 Pickup time. The agreed pickup time is the pickup time specified in the Koast booking confirmation. In the event of an airport pickup for which the user has provided a correct flight number, enabling Koast to track the arrival time, the agreed pickup time will be postponed if the flight is late.
4.3 Vehicle class, upgrades. Depending on regional availability, the user can choose from different vehicle classes (for example "Business Class Sedan", "Business Class SUV", "First Class Sedan", "First Class SUV", or "Sprinter Class"). Vehicles shown in the Koast Tools are illustrative examples; there is no right to a particular vehicle model within a booked class. Koast may upgrade a booking to a higher vehicle class at any time at no additional cost, depending on availability: "Business Class Sedan" may be upgraded to "Business Class SUV", "First Class SUV", or "First Class Sedan"; "Business Class SUV" may be upgraded to "First Class SUV". Koast will never downgrade your vehicle to a cheaper vehicle type or a smaller one — for example, sending a Sedan if you reserved an SUV.
4.4 Transport safety. The price in the booking confirmation includes the number of pieces of luggage specified in the booking form. Excess or bulky luggage (such as a wheelchair), weapons, or animals must be specified during booking; the TSP may refuse transport of items not agreed upon, including animals not housed in a closed, suitable transport box, except where local law requires accommodation. If the TSP permits carriage of additional items, surcharges may apply. The need for child restraints must be specified in the ride request, including the number and age of children and the type of restraints required. The transport of unaccompanied minors may be rejected by the TSP. The maximum number of passengers and luggage for a specific vehicle is set out in a binding luggage policy; the TSP may refuse transport where space and safety conditions do not permit it. If transport is refused because mandatory requirements were not correctly communicated by the user, Koast remains entitled to compensation.
4.5 Delays. Exceptional situations such as air traffic control strikes or inclement weather can only be compensated to a limited extent; in these cases longer waiting times or short-notice cancellations must be accepted.
4.6 Cancellations, rebookings and no-shows. For transfer rides, long-distance rides, and hourly bookings, cancellation is free if made more than 24 hours before the agreed pickup time. Between 12–24 hours before pickup, a 50% refund applies. Within 12 hours of pickup, the full price is payable. An effective cancellation can only be carried out by calling or texting (SMS) our business number. Rebookings are generally treated as new bookings, and the cancellation rules apply to the originally agreed ride. A transfer ride is considered a no-show if the guest does not appear within 30 minutes after the agreed pickup time (60 minutes at airports); hourly bookings are a no-show if the guest does not appear by the end of the booked hours. No-show rides must be fully compensated unless a later pickup time was agreed with the TSP by phone.
4.7 Behavior in the vehicle. During the entire ride, applicable road traffic rules apply to all guests, particularly seat belt requirements. The TSP's instructions must be followed. Guests may not open doors during the ride, throw objects from the vehicle, extend any body part from or scream from the vehicle. Use of equipment in the vehicle requires the TSP's prior permission. Smoking is prohibited; violations bear the cost of vehicle cleaning and resulting loss of serviceability. Food is discouraged; alcoholic drinks only with prior consent.
5.1 General. The booking confirmation specifies Koast's remuneration claim. Key factors include the selected vehicle class, route, advance booking time, pickup time and location. Special requests (multilingual chauffeurs, vehicle marking, stopovers, bulky luggage, child seats, etc.) may increase the price.
5.2 Ride changes. Ride requests may be changed after the contract concludes and, where possible for the TSP, after the ride begins. Upgrades or additional distance/hours are recalculated and charged per the applicable price schedule; for hourly bookings, each commenced half hour is rounded up. If the booked distance or hours are shortened, the agreed compensation remains unaffected.
5.3 Waiting times (transfer rides). No surcharges apply for waiting up to 30 minutes (domestic flights) or 60 minutes (international flights) after the agreed pickup time at airports; for delayed flights, pickup time starts when the plane has landed. In all other cases, no surcharge for the first 5 minutes. Each additional minute is invoiced as follows, plus applicable sales tax:
Additional miles for hourly bookings. Hourly bookings include 20 miles per hour. Additional miles are invoiced separately:
5.4 Payment. Users can pay by credit card; credit card fees are borne by Koast. The user bears transaction fees for payments by transfer. For each payment warning notice Koast may charge a reasonable reminder fee; failed credit card debits may incur the resulting bank/processor expenses plus a reasonable processing fee. Invoices are made available electronically in the user account; credit card payments are due immediately. Vouchers are one-off, individually redeemable, may not be combined, and cannot be redeemed for cash.
Koast is liable for damages caused by Koast or its vicarious and service agents through intent or gross negligence. The TSP, including its chauffeurs, are neither vicarious nor service agents of Koast for the performance of transportation services. In the event of damages caused by simple negligence, Koast is liable only for the violation of a material contractual obligation and only for foreseeable and typical damages. Limitations of liability do not apply within the scope of warranties provided, in the event of injuries to life, body and health, or for claims arising from the Product Liability Act.
Koast is not liable for the correctness, reliability, completeness, and validity of content disseminated free of charge within the Koast Tools, except for damages caused intentionally or by gross negligence; nor for the availability and functionality of offered functions; nor for the content, freedom from error, legality, and functionality of third-party websites referred to by links. Koast accepts no responsibility for correct and complete transmission of information (excepting the content of the booking confirmation), nor for disruptions due to force majeure, including failure of communication networks and gateways. The user shall indemnify Koast for all claims and costs, including reasonable legal defense costs, asserted by third parties owing to non-contractual use of the Koast Tools or violation of these T&Cs. No liability is assumed for objects forgotten in the vehicle.
Koast reserves the right to change the Koast Tools at any time in a manner reasonable for the user in order to develop and improve them. Koast may temporarily or permanently terminate its offer for a material reason, even without separately informing the user.
The content within the Koast Tools is protected by copyright. Koast grants the user a revocable right to use the Koast Tools according to their intended purpose, conditioned on compliance with these T&Cs. Any use beyond this scope — changes, copies, re-releases, transmission, dissemination, or other non-intended purposes — is prohibited.
These T&Cs constitute the entire agreement between Koast and the user for the contractually agreed services; there are no collateral agreements, and amendments must be made in writing. The user may only set off against Koast's claims or assert retention rights if counterclaims are legally established or undisputed, and may not assign claims to third parties without Koast's express written consent. The law of the United States of America applies to all legal relations between Koast and the user; the place of fulfillment is San Francisco, and the exclusive place of jurisdiction is San Francisco insofar as the user is a merchant or has no fixed place of residence in the USA. Koast is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Should individual provisions of these T&Cs be or become ineffective, the remaining provisions remain effective and shall be replaced by provisions most closely approximating the intended meaning and economic purpose.
Questions: reserve@koastride.com · (650) 880-6514