Terms and Conditions
These Terms & Conditions (“Terms”) govern your use of Five Star Towing’s website, roadside assistance and towing services, and any agreement between you (“Customer”, “you”) and Five Star Towing (“we”, “us”, “our”). By requesting, scheduling, or accepting services from Five Star Towing, or by using our website or mobile app, you agree to be bound by these Terms. If you do not agree, do not use our services.
Definitions
- Services: All towing, roadside assistance, vehicle recovery, vehicle storage, impound, lockout, jump-start, fuel delivery, tire change, winch-out, accident recovery, and any related services provided by Five Star Towing.
- Customer: The person who requests or authorizes Services and/or the registered owner or lawful possessor of the vehicle.
- Vehicle: Any motor vehicle, motorcycle, trailer, or other property towed, stored, serviced, or otherwise handled by Five Star Towing.
- Operator / Technician: Any employee, contractor, or agent of Five Star Towing performing Services.
Scope of Services
- We provide towing and roadside assistance as requested by the Customer, subject to availability, safety, and the terms below.
- Services may be provided on public roads, private property (with permission), at accident scenes, at storage facilities, or elsewhere as arranged.
- We may subcontract specific services (e.g., heavy-duty tow, specialized recovery, storage, vehicle transport) to qualified third parties when necessary
Authorization & Proof of Ownership
- By requesting Services, you warrant that you are the vehicle owner, a lawful possessor, or otherwise authorized to request Service for the vehicle.
- Before towing or releasing a vehicle, we may require proof of ownership (title, registration), valid photo ID, and/or written authorization from the vehicle owner or authorized agent.
- If you are not the owner and request release of a vehicle, you may be asked to produce a signed and notarized authorization or power of attorney.
Quotes, Estimates & Pricing
- All quotes provided are estimates based on information given at the time of request. Final charges are based on work actually performed, time, mileage, equipment used, and services requested.
- Quotes are valid for the period specified when given (if any) and may change if additional services or unforeseen circumstances occur.
- The Customer is responsible for all applicable charges including, but not limited to: towing fees, hookup fees, mileage, storage fees, administrative fees, release fees, impound fees, disposal fees, labor, fuel, and sales tax where applicable.
- If additional services or damaged conditions are discovered during Service (e.g., heavy winch-out, specialized equipment required, hazardous material handling), we will notify the Customer as soon as practicable and may charge additional fees.
Deposits, Payment & Release of Vehicle
- We may require a deposit to dispatch services, confirm a booking, or before releasing a vehicle from storage.
- Accepted payment methods: major credit/debit cards, bank transfer, cash (subject to local limits), and other methods we specify. Payment may be required at time of service or prior to vehicle release.
- We reserve the right to refuse release of any vehicle until all towing, storage, and related charges are paid in full.
- If a third party (e.g., insurance company) promises payment, the vehicle owner remains ultimately responsible until payment is received by Five Star Towing.
Vehicle Storage, Impound & Lien
- Vehicles may be stored at our premises or at a third-party storage facility. Storage fees may accrue daily until payment is made and the vehicle is removed.
- If allowed by applicable law and where necessary to recover unpaid charges, Five Star Towing may exercise a mechanic’s or tow lien over the vehicle for towing, storage, and related charges. If a lien is exercised, the vehicle may be sold or otherwise disposed of in accordance with applicable law to satisfy outstanding amounts.
- Customers are responsible for any costs associated with reclaiming the vehicle, including but not limited to storage, administrative, and lien-processing fees.
Customer Responsibilities
- Provide accurate location details, vehicle description, and any relevant access information.
- Provide safe and legal access to the vehicle. If access is blocked by obstacles, vehicles, gated communities, or locked premises, you are responsible for removing obstructions or providing access codes, keys, or property permissions.
- Remove personal items and valuables from the vehicle prior to Service where safely possible. We are not responsible for loss of personal items left in vehicles except where directly caused by our negligence.
- Inform us of any hazardous materials, dangerous conditions, or special vehicle features (e.g., low clearance, aftermarket modifications, non-standard lift kits) before Service begins.
Health & Safety
- Our Operators will follow safety protocols including compliance with OSHA/HSA guidelines and local requirements. If the worksite, vehicle condition, or environment is unsafe, we may pause or refuse Service until it is safe to proceed.
- The Customer and any bystanders must keep a safe distance from operations. We are not responsible for injuries to unauthorized persons on site.
- We may refuse Service if the Customer or any person present is abusive, threatening, intoxicated, or otherwise behaves in a manner that endangers personnel or property.
Vehicle Condition & Liability for Damage
- We use reasonable care in performing Services. However, towing and recovery involve inherent risks. We are not responsible for pre-existing damage or deterioration discovered during Service.
- You agree to notify the Operator of any pre-existing damage prior to Service. We will document visible pre-existing damage when practicable.
- Except where prohibited by law, our liability for damage to the vehicle or property caused by our negligence is limited to actual, direct, and provable damages up to the amount paid by you for the service, or the minimum limits required by law, whichever is greater. We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost income or business interruption.
- We make no warranty of merchantability or fitness for a particular purpose for any services provided
Hazardous Materials and Illegal Items
- We will not knowingly tow, transport, or store a vehicle believed to contain hazardous, illegal, or biohazardous materials without proper disclosure, permits, and safety measures. If such materials are discovered, we may refuse service and will notify appropriate authorities when required by law.
- The Customer is responsible for removal and proper disposal of hazardous materials and will indemnify Five Star Towing for any related costs, fines, or damages.
Indemnification
To the fullest extent permitted by law, the Customer agrees to indemnify, defend, and hold Five Star Towing, its owners, employees, agents, and subcontractors harmless from any claims, liabilities, losses, costs, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) the Customer’s breach of these Terms; (b) the Customer’s negligence or willful misconduct; (c) unauthorized use of Services; or (d) third-party claims relating to ownership or authorization of the vehicle.
Third-Party Contractors & Service Providers
- We may engage third-party contractors to provide specialized services (e.g., heavy recovery, long-distance transport, storage). Those third parties may have their own terms and charges. We are not responsible for third-party policies, conduct, or fees beyond what we control.
- If you authorize the use of third-party parts, repairs, or storage on your behalf, you accept responsibility for additional costs and any warranty terms those parties provide.
Cancellation & Rescheduling
- Customer cancellations: If you cancel a booked service, notify us as soon as possible. Cancellation fees may apply for late cancellations or where a deposit, pre-dispatch, or driver travel time has been incurred.
- Company rescheduling/cancellation: We may reschedule or cancel services due to unsafe conditions, severe weather, traffic conditions, equipment failure, or other unforeseen circumstances. We will make reasonable efforts to notify you promptly.
Storage of Personal Information & Privacy
- We collect and process personal data necessary to provide Services, process payments, and comply with laws. Our handling of personal information is described in our Privacy Policy.
- By using our Services, you consent to our collection and processing of personal data in accordance with applicable law and our Privacy Policy.
Insurance & Dispute of Liability
- Five Star Towing maintains insurance coverage consistent with industry standards and applicable law. Proof of insurance can be provided upon request.
- If you dispute liability for any damage, you must notify us in writing within 48 hours of taking possession of the vehicle and provide reasonable evidence of alleged damage. Failure to timely notify may limit your remedies.
Force Majeure
We are not liable for delays, failures, or inability to perform resulting from events beyond our reasonable control, including but not limited to severe weather, natural disasters, acts of God, strikes, civil unrest, shortages, governmental actions, accidents, or road closures.
Termination & Refusal of Service
- We may refuse service, suspend service, or terminate our relationship with any Customer who breaches these Terms, behaves abusively or unlawfully, or who presents safety risks.
- Termination does not affect accrued rights or obligations including unpaid fees or indemnities.
Notices & Communications
- Notices to Five Star Towing must be sent to the contact address or email listed above.
- We may send service communications, confirmations, invoices, and reminders by phone, SMS, email, or mail. Message and data rates may apply for SMS messages.
Governing Law & Jurisdiction
- These Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-law principles.
- Any disputes arising under or related to these Terms shall be heard in the state or federal courts located in Oklahoma County, Oklahoma (or another county where our principal place of business is located), and you submit to the jurisdiction of those courts. If you prefer arbitration or small-claims resolution, indicate this in writing, however nothing here prevents us from seeking statutory remedies (e.g., towing lien enforcement) in appropriate courts.
Note: Laws vary by state and municipality. If you need these Terms tailored to specific Oklahoma statutes (for example, statutory tow/impound/lien procedures, storage lien timelines, or required notices), we recommend review by local counsel to ensure compliance with Oklahoma law and municipal ordinances.
Changes to Terms
We may update these Terms from time to time. Updated Terms will be posted at our website or provided to you. Continued use of our Services after changes constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining Terms will continue in full force and effect.
Entire Agreement
These Terms, together with any written service agreement, estimate, invoice, or the Privacy Policy, constitute the entire agreement between you and Five Star Towing regarding the Services and supersede prior agreements.
Emergency & Special Situations
- Emergency call-outs: We will make commercially reasonable efforts to respond quickly to emergency requests, subject to availability, distance, road conditions, traffic, weather, and safety considerations. We do not guarantee specific response times.
- Vehicles involved in accidents, or vehicles that are hazardous/disabled in traffic lanes, may require additional emergency measures and coordination with law enforcement or other emergency services; we will coordinate where required but are not responsible for law enforcement actions.
Additional Provisions Specific to Roadside Assistance
- Fuel delivery: We deliver limited quantities of fuel to get your vehicle to the nearest safe fueling location. We are not liable for fuel contamination or damages resulting from fuel delivery.
- Jump-starts: We will attempt to jump-start the vehicle; however, we are not responsible for battery or electrical system failures beyond the jump-start operation.
- Lockout/Key services: We will attempt non-destructive entry. We are not liable for damaged aftermarket locks, keyless-entry systems, or immobilizers; if forced entry is required, you may be responsible for resulting damage.
- Tire changes: We can change a flat spare if the vehicle has a usable spare and appropriate jack; we are not responsible for damage to aftermarket wheels, wheel locks, or run-flat systems that require special tools.