Terms & Conditions

Who these terms are between

1. These Terms of Service (the "Terms") form the agreement between Gabriel Robek of 6–7416 Flint Street, Pemberton, BC V0N 2L1, carrying on business as CyberLift ("CyberLift", "we", "us"), and the person who makes a booking (the "Customer", "you").
2. They apply to every booking made through cyberlift.ca, by telephone, by email, or through a partner booking on your behalf. By completing a booking you agree to them.
3. Where a partner, employer, hotel or travel adviser books on your behalf, that partner is the Customer for payment and cancellation, and you are a Passenger. Both are bound by these Terms.

Definitions

The Service and our licence

1. We provide private, pre-arranged passenger transportation between points in British Columbia, principally on the Vancouver–Whistler corridor. Every Trip is booked in advance.
2. We are licensed under the Passenger Transportation Act (British Columbia), Passenger Transportation Licence No. 75639, and operate within the terms and conditions of that licence, including its service area and rates.
3. We operate a small fleet. Vehicle availability is finite, and a confirmed Booking commits a specific vehicle and driver to you for a specific period.
4. We are not a travel agent and do not sell or arrange flights, ferries, accommodation or activities.

How a booking is made

1. You submit a Booking Request by choosing a date and time and giving us the details we ask for. This is an offer by you to contract on these Terms.
2. On receiving a Booking Request we hold the requested date and time for 5 minutes while you complete payment. The hold is not a Booking and gives you no right to the Trip.
3. If payment is not completed within the hold period, the hold lapses and the time is released. No contract comes into existence and you are charged nothing.
4. A contract is formed, and a Booking exists, only when we send you a Confirmation after payment has cleared. Until then we may decline a Booking Request for any lawful reason, including where the vehicle is no longer available, the trip falls outside our licensed service area, or we cannot safely carry the passengers, luggage or animals described.
5. Check your Confirmation. If a detail is wrong, tell us within 24 hours of receiving it and we will correct it or, if we cannot, cancel the Booking and refund you in full.

What we tell you before you pay

1. Before you enter into a contract with us we disclose, clearly and free of charge: our legal name and the name we carry on business under; our business address, telephone number and email address; a description of the Service; the currency of the Fare; an itemised price and the total Fare including taxes; the terms of payment; the date and time the Service is to be supplied; our cancellation, change and refund policy; and these Terms.
2. The Confirmation is your copy of the contract. We send it on payment and in any event within 15 days. It contains the information in clause 5.1, your name, the date the contract was entered into, and, where GST applies, our GST registration number.
3. If we fail to give you that information, or the Confirmation contradicts what we told you beforehand, you may cancel the Booking under the Business Practices and Consumer Protection Act and we will refund you in full.
4. We tell you the rates and charges that apply before your Trip begins, as our licence requires.

Fare, taxes and payment

1. All Fares are quoted and charged in Canadian dollars and include GST and all fees applicable to the Trip as booked. The Fare shown at checkout is the amount you pay.
2. Payment is taken in full at the time of booking by credit or debit card, processed by Stripe Payments Canada. Card details are handled by Stripe and are neither seen nor stored by us. Your use of Stripe's checkout is also subject to Stripe's own terms.
3. Stripe keeps that card on file against your Booking. By making a Booking you agree that we may charge it, and you agree to that only for the two purposes set out in clauses 6.4 and 6.5. We will not use it for any other purpose, on any schedule, or before telling you the amount and the reason. Every amount charged is an actual documented cost, never a fixed penalty. Stripe holds the card details, not us, and the card is removed 30 days after your Trip.
4. The first purpose is amounts arising during your Trip: waiting time and additional stops under clause 9. These are ordinarily settled at the time, by card in the vehicle or by a payment link we send you, and where they are not, we may charge the card we hold.
5. The second purpose is damage or cleaning under clause 12. Charges under that clause are capped at $5,000. Above that figure we will not take anything from your card without your agreement.
6. Where an amount is properly payable after your Trip, we invoice you and payment is due within 14 days.

Changes and cancellation by you

1. You may cancel a Booking at any time by email or telephone. A cancellation takes effect when we receive it, and we acknowledge it in writing.
2. Refunds on cancellation are: 100% of the Fare where we receive notice 72 hours or more before the Pickup Time; 50% where we receive notice between 24 and 72 hours before it; no refund where we receive notice less than 24 hours before it, or where you do not travel.
3. These tiers reflect the fact that we operate a small fleet and a cancelled Trip is rarely resold at short notice. They apply to the Fare only, and do not affect a right to cancel arising under clause 5.3 or under the Business Practices and Consumer Protection Act.
4. Where you cancel and we are afterwards able to sell the time to another Customer, we refund the amount you would otherwise have forfeited. You do not need to ask; we apply it ourselves. We assess this up to two days after your Trip's original date and time, and pay any refund within 15 days of that.
5. Refunds are made to the original payment method within 15 days.
6. We accommodate changes to the time, route, stops or passenger count wherever the day's schedule permits, at no charge. Where a change materially increases the length or cost of the Trip we tell you the additional amount before accepting the change, and you may decline it.
7. Where your flight or ferry is cancelled and you cannot travel, clause 7.2 applies. Tell us as soon as you know. Where our schedule allows it we will move your Booking to another date at no charge instead of applying the cancellation tiers, but this is at our discretion and is not a right.
8. A change we cannot accommodate is not a cancellation by us. If you then cancel, clause 7.2 applies.

Cancellation or non-performance by us

1. If we cancel a Booking, or cannot perform it, we tell you as soon as we know and refund the Fare in full, whatever the cause and however close to the Pickup Time.
2. If the assigned Vehicle becomes unavailable we will tell you and offer you a different vehicle. The choice is yours: accept it, or cancel and take a full refund. If you would prefer transport arranged with another operator and we are unable to arrange it, you may cancel and take a full refund.
3. Subject to clause 14, a refund under this clause is the full extent of what we owe you for a cancelled or unperformed Trip.

Pickup, waiting time and no-shows

1. We send pickup instructions by text message or email in advance of the Trip. You must give us a reachable mobile number and check that the pickup details are correct.
2. Where your Trip meets a flight or ferry, give us the carrier and the service number when you book, and tell us if either changes.
3. We use that number to track your flight or ferry. It allows us to time our own departure, so that we do not set out to meet a flight or ferry we can see is delayed. It does not change your Pickup Time, your cancellation terms, or any other part of your Booking.
4. Please be ready at the Pickup Time. We wait 15 minutes from the Pickup Time at a residential, hotel or street address, and 60 minutes from the Pickup Time where we are meeting a flight or ferry. That waiting is not charged.
5. If we have had no contact from you and no way to reach you, we leave 30 minutes after the Pickup Time at a residential, hotel or street address, and 60 minutes after it where we are meeting a flight or ferry. The longer period applies because you may be unable to contact us while travelling. The Trip is then a no-show and no refund is due. We call and text before leaving.
6. Where we are in contact with you, or where a delay to your flight or ferry is published and longer than those periods, we can often wait longer. Whether we can depends on what is booked after you. Waiting beyond the periods in clause 9.4 is charged at $50 per hour, billed by the minute. Where we learn of a delay before setting out, we set out later instead and no waiting is charged.
7. We run one vehicle and we take Bookings in the order they are made. We carry out every Booking we accept. Where a delay means we cannot be on time for two Bookings, the Booking made first is the one we keep to time, and the later Booking is the one that runs late. If you book a time that sits close behind a Booking we already hold, we tell you so before you confirm.
8. Where another Booking follows yours, we cannot wait beyond the periods in clause 9.4. We tell you as soon as the tracking makes that clear.
9. Where a flight or ferry is delayed and we are unable to carry you, we will do what we can to arrange transport with another licensed operator. Anything arranged that way is a new booking between you and them, at their price. Where we learn of the delay before setting out to collect you, we also give you a complimentary Trip, valid twelve months and subject to availability. Where we have already set out, no refund or credit is due.
10. Extra stops are usually possible. Ask the driver. The first 15 minutes of a stop are not charged, subject to road conditions and to your Trip still running to time. Beyond that, stopped time is charged at $50 per hour, billed by the minute. We can only make a stop where the day's schedule allows it, and we tell you before anything is charged.

Passengers, luggage, children and animals

1. A Booking carries up to four Passengers. We cannot carry more, for insurance and seating reasons. A party larger than the one booked will be refused carriage and no refund is due.
2. Luggage travels in a covered cargo bed. Skis, snowboards, golf bags, strollers, wheelchairs and similar items are welcome. Tell us at booking what you are bringing so that we arrive equipped. Unusually large, heavy or awkward items must be agreed in advance and may be refused if they are not.
3. Children must travel in a child restraint appropriate to their age, height and weight, as the BC Motor Vehicle Act requires. We supply the restraint. You must tell us at booking that a child is travelling, and their age, height and weight, so that we bring the right one. Without that notice we may not be able to carry the child, the Trip may not proceed, and clause 9.5 may apply.
4. You install the restraint we supply, and you are responsible for installing it correctly. The driver will assist on request but does not install it for you.
5. Small, well-behaved animals travel free and must be carried in a suitable travel box. Tell us in advance. You are responsible for any soiling or damage under clause 12. Certified service animals are always carried and are never refused.
6. We may refuse to carry any person, item or animal where doing so would breach the law, exceed the Vehicle's safe capacity, or create a risk to the driver, other Passengers or the Vehicle. Where we refuse on any of these grounds, no refund is due.

Conduct

1. Passengers must wear seatbelts at all times, follow the driver's directions on any matter of safety, and heed any warning the driver gives about behaviour in the Vehicle.
2. Alcohol is not permitted in the Vehicle, open or otherwise. Smoking and vaping are prohibited. Illegal drugs are prohibited.
3. The driver may end a Trip immediately, at a safe location, where a Passenger behaves unlawfully, threatens or abuses the driver or another person, damages the Vehicle, ignores a safety direction, or creates a risk to safety. No refund is due and clause 12 still applies.
4. The driver has final authority over the safe operation of the Vehicle, including route choice in poor weather and the decision to stop, delay or abandon a Trip on safety grounds.

Damage, soiling and cleaning

1. Accidents happen, and we do not expect a perfectly clean vehicle back. What we cannot absorb is damage. We operate one vehicle. When it is off the road for repair we carry no passengers at all, so damage costs us both the repair and the work we cannot do.
2. We do not hold a security deposit and we do not place a hold or a pre-authorisation on your card. We take every Customer in good faith and the great majority of Trips end with nothing to discuss. The clauses that follow exist because a single vehicle off the road stops the business, and for no other reason.
3. You are responsible for damage to the Vehicle caused by you or any Passenger in your party, and for cleaning where the Vehicle is left in a condition ordinary use does not explain.
4. You are liable for the actual documented cost of the repair or cleaning, and for the Fares of Bookings we lose while the Vehicle is unavailable. We add no penalty, no administration fee and no mark-up to either.
5. We send you photographs and the repair or cleaning invoice, and allow you at least three days to respond, before anything is charged.
6. We may charge the card held against your Booking for amounts under this clause up to $5,000. Above that figure we will not charge your card. We will provide the documentation and discuss it with you. The limit applies to what we charge without asking you again. It is not a limit on what you are liable for.

Delays and events outside our control

1. The Sea-to-Sky Highway is the only practical road between Vancouver and Whistler. It closes for snow, avalanche control, rockfall and collisions, and travel times vary with weather and traffic. We plan for this but cannot guarantee against it.
2. We are not liable for delay or non-performance caused by an event beyond our reasonable control, including but not limited to weather, road or bridge closure, avalanche or avalanche control, wildfire, flood, earthquake, traffic incident, act of a public authority, power or network failure, labour disruption, epidemic, war or civil disturbance, and mechanical failure or collision occurring despite proper maintenance.
3. We build reserve time into every schedule. Where we are nonetheless running late, we will contact you and keep you informed.
4. Where we have not yet collected you and we are more than 60 minutes past your Pickup Time, you may cancel and take a full refund of the Fare, and make your own arrangements. If you choose to wait, we will carry you as booked and will offer you something toward a future Trip, at our discretion, in recognition of the delay.
5. Where we have already collected you, the Trip is being performed and no refund is due. We are responsible for carrying you. We are not responsible for the time it takes when conditions are against us.
6. We are not liable for any loss or cost you incur elsewhere as a result of a late pickup, a late arrival, or a Trip we cannot perform. That includes, for example, a missed flight or ferry, a missed connection, forfeited accommodation, lost earnings and the cost of alternative transport.
7. Because delays on this route are foreseeable, allow generous margins for onward travel and travel insurance that covers missed connections.

Insurance and liability

1. We carry the commercial vehicle insurance our licence requires. Passengers are covered by that insurance while being carried.
2. Our drivers hold the class of licence required to carry passengers for compensation and have no criminal record.
3. Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded.
4. Subject to clause 14.3, our total liability arising out of or in connection with a Booking, whether in contract, tort, statute or otherwise, is limited to the Fare paid for that Booking.
5. Subject to clause 14.3, we are not liable for indirect or consequential loss.

Bookings by the hour

1. A Booking by the hour reserves the Vehicle and a driver for you from the Pickup Time to the end time stated in your Confirmation (the "Booked Period"). A Booked Period is between 1 and 10 hours, in half-hour steps. The Fare is $150 per hour of the Booked Period, including GST.
2. Within the Booked Period you choose the route and the stops, within our licensed service area and subject to clauses 10 to 12, safety, and the Vehicle's capacity. Tell us your plan for the day in advance where you can, so that we can plan around it.
3. An hourly Booking starts and ends in the area you give us when booking: the Vancouver area, Squamish, Whistler or Pemberton. Travel to your drop-off point is part of the Booked Period, so plan the day to arrive there by the end time. Trips starting or ending elsewhere in British Columbia, or longer than 10 hours, are arranged with us directly.
4. The Booked Period ends at the booked end time. Where our schedule allows it, we will extend it at $150 per hour, billed by the minute, and we tell you before extending. Where another Booking follows yours and does not leave room, we cannot extend, and your Trip ends at the booked end time.
5. The Booked Period starts at the Pickup Time whether or not you are ready. Waiting and stopped time within the Booked Period is part of it, so the waiting and stop charges in clause 9 do not apply during it. Clause 9.5 applies at the start of an hourly Booking in the same way as to any other Booking.
6. Where an hourly Booking starts late because an earlier Booking ran late, you may cancel it for a full refund, or keep the rest of the Booked Period and we refund the time you missed. The Booked Period still ends at the booked end time.
7. The Fare is for the Booked Period. Apart from the previous point, time you do not use is not refunded, and an earlier finish does not reduce the Fare.
8. Changes and cancellation of an hourly Booking are governed by clause 7 in the same way as any other Booking.

Property left in the Vehicle

1. Please take your belongings with you. We check the Vehicle between Trips and hold anything found for 30 days.
2. We will return a found item at your cost, or hold it for collection at no charge.
3. We are not responsible for property left in the Vehicle and, subject to clause 14.3, are not liable for its loss or damage.

Personal information

1. We collect your name, telephone number, email address, pickup and drop-off locations, trip details, flight or ferry details, and any accessibility or luggage requirements you tell us about, together with a record of payment made through Stripe. We do not collect or hold card numbers.
2. We use this information only to arrange and perform your Trip, to communicate with you about it, to keep the records the law requires us to keep, and to answer a complaint or claim.
3. We do not sell personal information and do not use it for marketing without your consent. We share it only with our driver, with Stripe for payment processing, with Google for the address suggestions on our booking form (only the text typed into the pickup and drop-off boxes), with another licensed operator where clause 8.2 or clause 9.9 applies, and where the law requires.
4. If you leave us a review, we may publish it and quote from it, together with anything you chose to put in it. Where we quote a review anywhere else we use your first name and the date of your Trip, and nothing further.
5. Booking records are retained for 7 years for legal and record-keeping reasons, and are then deleted.
6. You may ask us at any time what personal information we hold about you, ask us to correct it, or ask us to delete it once we no longer need it. Write to info@cyberlift.ca and we will respond within 30 Business Days, as the Personal Information Protection Act requires.

Governing law

1. The Service is provided in British Columbia and is performed entirely within British Columbia.
2. These Terms and any Booking are governed by the laws of British Columbia and the federal laws of Canada that apply in it, whatever your country of residence.
3. The courts of British Columbia have exclusive jurisdiction over any dispute arising out of these Terms or a Booking.

Changes to these Terms

1. We may change these Terms. The version in force when you book is the version that governs your Booking, and a later change never applies to a Booking already made.
2. We keep every published version and will send you the one that applies to your Booking on request.

General

1. These Terms, together with your Confirmation, are the entire agreement between us about your Booking and replace anything said or written beforehand.
2. If any provision is found to be unenforceable, it is severed and the rest continues in force.
3. A failure to enforce a provision on one occasion does not waive it.
4. You may not transfer a Booking to another person without our written agreement. We may perform a Trip through another licensed operator, and remain responsible to you for it if we do.
5. Notices to you go to the email address or mobile number on your Booking. Notices to us go to the address below.
6. Headings are for convenience and do not affect interpretation.

How to reach us

1. Gabriel Robek, carrying on business as CyberLift.
2. 6–7416 Flint Street, Pemberton, BC V0N 2L1 · PT Licence No. 75639.
3. Telephone +1 604 905 9237 · Email info@cyberlift.ca · cyberlift.ca