Effective Date: May 1, 2025.
This Privacy Policy & Terms of Service outlines the terms, responsibilities, and privacy practices of Chalupa Towing & Transport (“Company”, “We”, “Our”, or “Us”) in relation to the towing and roadside services provided to our Customers (“You”, “Your”, or “Customer”).
1. Customer Responsibilities
By requesting our services, You agree to the following terms:
a. Accurate Information: You must provide the correct pickup and drop-off locations prior to dispatch. Delays or complications due to inaccurate information may result in additional charges.
b. Keys Requirement: Keys must be left inside the vehicle. Failure to do so will result in an extra charge.
c. Vehicle Access: If the vehicle is not accessible or requires extra labor (e.g., winching, special positioning, locked vehicle), extra charges will apply.
d. Payment: Full payment is due before the vehicle is released. We accept Cash, Zelle, Visa, Master Card, Discover, and other major credit cards. We do no accept checks.
e. Chargebacks: By requesting, authorizing, or accepting towing, roadside assistance, or storage services, the customer ("Client") agrees not to initiate a credit card or debit card chargeback for any charges associated with services properly rendered. Filing a chargeback for services that were authorized, requested, or completed constitutes a breach of agreement and may be considered theft of services under Florida law. Such actions may result in:
If a chargeback is filed, we reserve the right to:
We encourage customers to contact us directly to resolve any payment disputes before initiating a chargeback. Any billing concerns must be reported within 3 business days of the service date.
f. Vehicle Photos Required: Customers are required to send clear and recent photos of their vehicle prior to the scheduled service. These photos must include all four tires, a full view of the vehicle, and any areas relevant to the requested service. Failure to provide accurate photos may result in service delays, additional charges, or cancellation.
g. Deposit Requirement: A deposit is required to confirm your service appointment. The amount will be communicated at the time of booking. Failure to pay the deposit may result in cancellation of the scheduled service. The deposit will be non-refundable if the service is canceled late, the vehicle is not in proper condition, or required photos are not provided. For purposes of this section, ‘canceled late’ means any cancellation made after the tow truck has been dispatched and is en route to the customer’s location, or once the driver has arrived at the scene.
h. Storage: If the designated drop-off location is unavailable or inaccessible, the vehicle may be stored at our facility. Storage fees will apply until a suitable drop-off arrangement is made.
i. Liability: The Customer assumes all liability for the vehicle, including but not limited to its condition, content, and transport. You agree to release the Company from liability for damages not caused by our negligence.
2. Limited Liability
a. Limitation of Liability: The Company is not liable for damage or loss caused by natural disasters, vandalism, theft, fire, natural disasters, heavy rain, or circumstances beyond our control during or after transport. Nothing in this Agreement shall limit the Company’s liability for damages caused by gross negligence, willful misconduct, or violations of Florida law.
b. Third-Party Sites or Destinations: We are not responsible for damages or liabilities incurred at customer-requested drop-off locations or third-party facilities.
c. Indemnification: Customer agrees to indemnify and hold harmless the Company, its officers, employees, and agents from any claims arising out of Customer’s use of the services, except to the extent caused by the Company’s gross negligence or willful misconduct.
3. Privacy and Data Use
a. We collect only the information necessary to perform towing services, including name, contact information, vehicle details, and service locations.
b. Use: We use your information solely to provide towing and related services, process payments, maintain records, and comply with legal requirements.
c. Disclosure: Your data will not be sold or shared with third parties except as necessary to perform the requested service or comply with legal obligations.
d. Protection: The Company maintains reasonable administrative, technical, and physical safeguards to protect your personal information. Payment information is handled in compliance with PCI DSS standards.
e. Retention: Information is retained only as long as necessary to provide services and comply with legal obligations. Customers may request deletion of their personal information in writing, subject to applicable law.
4. Additional Charges & Special Circumstances
The following terms apply when vehicles require extra time, effort, or resources to tow due to their condition or location. Customers acknowledge and agree that additional charges will apply under any of the following circumstances:
a. Damaged or Salvage Vehicles: Vehicles that have sustained accident damage, are classified as salvage, or are otherwise structurally compromised may require special equipment or procedures for towing. Additional fees will be assessed based on the complexity and time required to secure and transport such vehicles safely.
b. Missing Parts or Obstructions: Vehicles that are missing essential components (e.g., wheels, axles, suspension, or drivetrain parts), or are otherwise not in towable condition, may incur extra charges. This includes vehicles that are inaccessible due to fences, walls, tight spaces, or other structural barriers.
c. Auction or Private Lot Recovery: Tows originating from inside auction lots, impound yards, or private lots that require special access, paperwork, or wait time will result in added fees. Any delay caused by auction policies or lot staff is billable.
d. Hard-to-Hook Situations: If a vehicle cannot be easily hooked or loaded due to positioning, lack of clearance, or environmental conditions (e.g., mud, snow, tight alleyways), labor and equipment surcharges will be applied.
e. Storage and Lien Rights: The Company reserves the right to charge reasonable storage fees for vehicles left in its possession. In the event of non-payment, the Company may enforce its towing lien rights in accordance with Florida Statutes §§ 713.78 and 715.07, including storage, and sale of the vehicle after proper notice.
5. Vehicle Condition and Owner Responsibility
By using our services, the vehicle owner acknowledges and agrees to the following:
a. Tire Condition: If the vehicle's tires are found to be in poor or unsafe condition, or if a tire explodes or fails during service, this may result in additional charges. In such cases, roadside assistance may be required at the vehicle owner's expense.
b. Loose or Missing Parts: The vehicle owner is fully responsible for any damage that occurs due to lose, missing, or poorly maintained parts. If such parts cause damage to the vehicle or any equipment or personnel during service, the vehicle owner assumes all liability.
c. It is the vehicle owner's responsibility to ensure that the vehicle is in safe and operable condition before service is performed. Failure to do so may result in service refusal, additional fees, or third-party intervention at the owner's cost.
d. By requesting service, the customer agrees to these terms and acknowledges that final charges may differ from initial estimates if any of the above conditions apply.
6. Service Refusals, Cancellations & Misrepresentation
Customers are responsible for providing accurate and complete information about the vehicle and its location when requesting towing services. The following terms apply to cancellations, refusals, or undisclosed conditions:
A. Customer Refusal or Cancellation Upon Arrival: If the Customer cancels the tow, refuses service, or changes their mind after a tow operator has already been dispatched or has arrived on site, a dry run / trip fee will apply to compensate for time, fuel, and lost opportunity.
B. Undisclosed or Misrepresented Vehicle Conditions: If the vehicle's actual condition differs from what was disclosed—such as being inoperable, inaccessible, modified, or otherwise not towable with standard equipment—and the tow cannot be completed safely or legally, an additional service charge will apply. This includes, but is not limited to:
a. Locked or missing wheels
b. Broken axles or suspension
c. Being parked in tight, obstructed, or restricted-access areas
d. Vehicles in ditches, mud, snow, or off-road locations not mentioned at the time of request.
C. Inability to Hook or Tow Due to Non-Disclosure: If the towing company is unable to hook up or transport the vehicle due to missing or inaccurate information provided by the Customer, an assessment fee or dry run charge will be applied to cover time and effort.
D. By requesting service, the Customer acknowledges responsibility for providing accurate details and agrees to pay any additional fees resulting from failure to do so.
7. Cancellation After Dispatch & Use of Alternate Service Providers
Once a service request is accepted and a tow operator is dispatched, the Customer agrees to the following terms:
A. Cancellation After Dispatch: If the Customer changes their mind, cancels the service, or no longer requires the tow after a driver has been dispatched, a cancellation fee or dry run charge will apply to compensate for time, fuel, and operational costs.
B. Use of Another Towing Company: If the Customer calls another towing company or allows another company to complete the service—whether due to timing, impatience, or personal preference—after our truck has already been dispatched or has arrived on scene, full or partial service charges will still apply, depending on the situation.
C. Customer Responsibility: It is the Customer’s responsibility to communicate clearly if they no longer require service prior to dispatch. Failure to do so may result in a non-refundable trip charge or hook up only charge, even if the vehicle is not ultimately towed by our Company.
8. By requesting service, the Customer agrees to these terms and understands that fees may apply for cancellations or third-party service substitutions after dispatch.
A. Authorization & Consent: By requesting towing services, the Customer affirms that they are the authorized owner or operator of the vehicle or have obtained the necessary permission to authorize the tow.
B. Service Commitment: Once a tow truck has been dispatched and arrives on-site, the vehicle will be hooked up (connected to the tow truck) as part of the standard service process.
C. Cancellations: Cancellations are not accepted once the driver is on site. If the Customer chooses to cancel service after the driver has arrived, a cancellation fee will apply. In order to ensure collection of the cancellation fee, the vehicle may be hooked up prior to release.
D. Cancellation Fee: A cancellation fee of 50% of services will be charged if the service is cancelled after driver arrival. Additional fees may apply depending on distance traveled or time spent.
E. Payment Terms: Payment is due at the time of service unless prior arrangements have been made. Non-payment may result in non release and lien procedures as permitted by law.
F. Liability: The towing company is not liable for damage to vehicles caused by pre-existing conditions or improper loading/unloading if performed at the Customer’s insistence.
9. Consent
By using our towing services, you acknowledge that you have read, understood, and agree to be bound by these terms.
10. Dispute Resolution
a. Governing Law and Venue: This Agreement shall be governed by the laws of the State of Florida. Any disputes shall be brought exclusively in the state courts located in Orange, Florida.
Contact Us
If you have any questions about this policy or our services, please contact us at:
Chalupa Towing & Transport
321-252-0183
9703 Recycle Center Rd
Orlando, FL 32824
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