These Terms and Conditions (the “Terms”) govern all use of the website, services, customer accounts, transactions, and interactions with Mario’s Towing Ltd. (the “Company”). By accessing the website, requesting or accepting services, submitting a service request, creating an account, or otherwise dealing with the Company, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. These Terms apply to all dealings with the Company, whether written, verbal, electronic, or implied by conduct, and apply notwithstanding any conflicting purchase order terms, insurer guidelines, vendor agreements, internal policies, or other customer-issued documents unless expressly agreed otherwise in writing by an authorized officer of the Company.
1. Services and Operational Discretion
The Company provides towing, recovery, storage, parking enforcement, roadside assistance, and related services. The Company reserves the absolute and unfettered discretion, at any time and without notice, to accept or refuse service, require prepayment or other security, determine the method, timing, routing, and execution of services, suspend or discontinue services, and decline to release any vehicle or property until all amounts owing have been paid in full in cleared funds. All services requested from the Company are deemed to be authorized, necessary, and fully chargeable.
2. Authorized Callers, Reliance, and Customer Responsibility
Where you engage the Company for towing, parking enforcement, or related services, you represent, warrant, and covenant that you are the lawful owner, occupier, manager, tenant, property representative, or duly authorized agent with full legal authority to request such services. You agree to identify, designate, and maintain a list of individuals authorized to request services on your behalf (each, an “Authorized Caller”). You are solely and fully responsible for all acts, omissions, instructions, requests, representations, and communications of your Authorized Callers and of any person whom the Company reasonably believes to be authorized based on the information available to it.
The Company is entitled to rely absolutely, conclusively, and without further inquiry on any request, instruction, approval, confirmation, representation, or communication made by an Authorized Caller or by any individual whom the Company reasonably believes to be authorized. The Company has no duty whatsoever to independently verify ownership, tenancy, authority, legal entitlement, parking rights, compliance, or authorization before acting. You acknowledge and agree that all services requested by or on behalf of an Authorized Caller shall be deemed lawful, validly authorized, and binding upon you.
You expressly represent and warrant that every tow, enforcement action, removal, storage instruction, or other service request made by or on your behalf is lawful, properly authorized, and compliant with all applicable laws, bylaws, regulations, contracts, leases, strata rules, marina rules, permits, and other governing requirements. You further agree that the Company acts strictly in reliance on your request and representations and is not responsible for determining whether your request is legally justified.
3. Parking Enforcement Terms
Where the Company provides parking enforcement, towing, tagging, patrol, monitoring, or related services on private property, strata property, marina property, commercial property, residential property, or other controlled premises, the Company acts solely as a contractor and service provider carrying out the customer’s instructions. You are solely responsible for ensuring that all signage, notices, parking rules, permit systems, registration systems, guest parking systems, warning procedures, bylaw requirements, contractual requirements, and legal preconditions for enforcement are valid, in place, visible, enforceable, and legally compliant.
The Company has no obligation whatsoever to inspect, verify, audit, confirm, or monitor signage placement, signage wording, permit validity, vehicle authorization, guest authorization, tenant rights, visitor rights, strata compliance, marina compliance, or property-owner authority. The Company may rely entirely on your instructions, your systems, your representations, and your authorization records, whether provided manually, electronically, verbally, by password, by permit list, by whitelist, or otherwise in the ordinary course of business.
All enforcement actions, towing decisions, removals, storage actions, administrative actions, and related charges are deemed to have been requested and authorized by you, and all such charges are fully payable by the responsible customer, vehicle owner, or other liable party, as determined by the Company in its sole discretion and subject to applicable law.
4. Indemnity, Defence, and Reimbursement
You agree to fully indemnify, defend, and hold harmless the Company and its directors, officers, shareholders, employees, contractors, subcontractors, dispatchers, drivers, operators, agents, affiliates, successors, and assigns from and against any and all claims, demands, complaints, disputes, actions, causes of action, proceedings, judgments, damages, losses, liabilities, fines, penalties, orders, costs, and expenses of every nature and kind whatsoever, whether direct, indirect, contingent, liquidated, unliquidated, known, unknown, suspected, or unsuspected, arising out of or related in any way to your use of the website, your use of the services, any request for service, any act or omission of an Authorized Caller, any allegation that a tow, removal, enforcement action, or service was unauthorized or unlawful, any dispute with a vehicle owner, tenant, occupant, guest, insurer, strata corporation, marina, landlord, property manager, or other third party, any alleged trespass, conversion, negligence, damage, or interference with property, and any alleged non-compliance with laws, bylaws, rules, contracts, or notice requirements.
This indemnity includes, without limitation, all legal fees on a solicitor-client or full indemnity basis, court costs, CRT costs, arbitration costs, expert fees, investigation costs, internal administrative costs, employee time, operational losses, towing charges, storage charges, enforcement costs, collection costs, and all other amounts incurred by the Company arising from or related to the matter. You further agree to immediately pay and reimburse the Company for all such amounts upon demand, regardless of whether the underlying matter has been finally resolved, and regardless of any insurance position, coverage dispute, third-party refusal, or ongoing litigation. This indemnity is separate from, additional to, and cumulative with every other indemnity, reimbursement obligation, payment covenant, and remedy available to the Company and shall survive indefinitely.
5. Vehicle Condition, Previous Damage, and Assumption of Risk
All vehicles attended, handled, transported, winched, boosted, unlocked, recovered, relocated, stored, or otherwise serviced by the Company are accepted strictly on an “as is, where is” basis, with all faults, patent or latent, visible or non-visible, known or unknown. You expressly acknowledge and agree that any vehicle may have pre-existing structural, body, cosmetic, frame, suspension, steering, axle, brake, drivetrain, transmission, electrical, battery, glass, undercarriage, tire, wheel, engine, towing-point, hook-point, and mechanical damage, wear, corrosion, fatigue, weakness, prior repair, prior accident damage, concealed damage, deterioration, or defect that may not be visible, documented, photographed, identified, or discoverable before, during, or after service.
You further acknowledge and agree that towing, recovery, transport, storage, and roadside services involve inherent and unavoidable risks, especially where a vehicle is disabled, immobilized, overloaded, stuck, improperly parked, accident-damaged, poorly maintained, mechanically compromised, structurally weakened, or exposed to adverse terrain, weather, road conditions, or time pressures. Movement, loading, lifting, pulling, winching, dragging, repositioning, transport, and unloading may place stress on a vehicle and may aggravate pre-existing weakness or hidden defects. The Company does not represent, warrant, or guarantee that services can or will be performed without contact, stress, movement, force, or risk of aggravation to pre-existing vehicle conditions.
6. No Liability for Pre-Existing or Hidden Damage
To the fullest extent permitted by law, the Company shall not be liable for any pre-existing damage, prior wear, hidden defect, structural weakness, corrosion, fatigue, prior repair failure, improper modification, manufacturer defect, maintenance issue, or unknown condition affecting any vehicle. The Company shall further not be liable for any damage, loss, failure, or aggravation that arises from, relates to, or is contributed to by the underlying age, condition, weakness, mechanical state, accident history, prior towing history, storage condition, or vulnerability of the vehicle.
Without limiting the generality of the foregoing, the Company shall not be liable for frame flex, body flex, cracked body panels, suspension failure, steering failure, axle movement, tire damage, wheel damage, drivetrain damage, brake damage, electrical failure, alignment issues, transmission issues, battery issues, undercarriage scraping, hook-point failure, tow-point failure, or any other failure that occurs during or after service where the vehicle had any pre-existing weakness, defect, wear, instability, or compromised condition. The vehicle owner and customer assume all such risk absolutely.
7. Mechanical Failure and Inherent Towing Risk
You acknowledge and agree that the Company is not an insurer or guarantor of the vehicle and does not assume responsibility for ensuring a damage-free outcome. To the fullest extent permitted by law, the Company shall not be liable for any mechanical, electrical, structural, suspension, braking, steering, drivetrain, or frame failure occurring during or after service, including any failure allegedly discovered only after transport, release, inspection, repair, or storage. Where a vehicle is disabled, stuck, seized, accident-damaged, improperly maintained, has seized components, has hidden defects, or is otherwise in compromised condition, the risk of loss, failure, damage, and aggravation rests entirely with the vehicle owner and/or customer.
8. Photographs, Digital Records, and Evidentiary Presumptions
The Company may, but is not obligated to, create, collect, use, store, and rely upon photographs, videos, GPS records, dispatch notes, timestamps, service logs, driver notes, audio records, digital records, electronic communications, billing records, invoices, signatures, route histories, and system-generated records in the ordinary course of business. You acknowledge and agree that all such records are created and maintained in the ordinary course of business, are presumed accurate and reliable unless clearly proven otherwise, and shall be admissible in evidence in any proceeding, including before the Civil Resolution Tribunal, Small Claims Court, the Supreme Court of British Columbia, arbitration, mediation, or any other forum of competent jurisdiction.
You waive any objection to the admissibility, authenticity, integrity, or evidentiary use of such records on the basis that they are electronic, digital, copied, incomplete, non-original, machine-generated, or not supported by direct viva voce evidence. A photograph or digital record showing the condition of a vehicle, or the absence of visible damage, before, during, or after service may be relied upon by the Company as prima facie proof of the condition of the vehicle and the nature of the service performed. The absence of photographs, video, or other records shall not create any inference of fault, negligence, admission, or liability on the part of the Company.
9. Burden of Proof and Damage Claims Procedure
Any person alleging that the Company caused damage bears the full and strict burden of proof. No claim shall succeed unless the claimant establishes, through clear, direct, persuasive, and objective evidence, that the specific damage did not exist before the Company commenced service, was not caused or contributed to by any pre-existing defect or weakness, and was directly and solely caused by the negligence of the Company.
Any claim relating to vehicle damage, loss, or condition must be reported in writing to the Company immediately at the time of service or, if the alleged issue was not reasonably discoverable at that time, no later than twenty-four (24) hours after completion of the service. Any such notice must include full particulars of the allegation, photographs, the date and time of discovery, the identity of the person making the claim, and all supporting documentation then available. Failure to provide such written notice within the required time shall constitute an absolute and irrevocable waiver of the claim and conclusive acceptance of the condition of the vehicle.
No vehicle may be dismantled, repaired, modified, altered, or subjected to invasive inspection for the purpose of advancing a claim against the Company unless the Company has first been given written notice and a reasonable opportunity to inspect the vehicle in substantially the same condition as it was at the conclusion of service. Any failure to preserve the vehicle and the alleged evidence in that condition shall bar the claim entirely.
10. Storage, Contents, and Post-Service Risk
Once a vehicle is placed into storage, impound, holding, or yard custody, the vehicle and its contents remain at the sole risk of the owner, subject only to any non-excludable obligations imposed by law. The Company shall not be liable for loss of use, weather-related deterioration, corrosion, freezing, theft, vandalism, acts of third parties, acts of God, natural events, battery depletion, fluid leakage, tire deflation, mold, mildew, odour, vermin, deterioration over time, or any other condition arising during storage, delay, retention, lien enforcement, or awaiting pick-up. The Company shall further not be liable for any personal property, cargo, valuables, tools, equipment, documents, or contents left in or on any vehicle.
11. Limitation of Liability
To the fullest extent permitted by law, the total aggregate liability of the Company, whether arising in contract, tort, negligence, bailment, equity, statute, or otherwise, for any and all claims arising out of or related to the website, the services, any vehicle, any parking enforcement action, any tow, any storage, or any other interaction with the Company, shall be strictly limited to the lesser of: (a) the amount actually paid to the Company for the specific service giving rise to the claim; or (b) the minimum amount, if any, required by non-excludable applicable law.
Under no circumstances shall the Company be liable for any indirect, incidental, consequential, special, punitive, exemplary, aggravated, or economic damages whatsoever, including but not limited to loss of use, loss of time, loss of income, loss of profit, loss of revenue, business interruption, loss of opportunity, diminution in value, replacement vehicle costs, rental charges, accommodation costs, travel costs, towing by others, expert costs, inspection costs, repair markups, or third-party claims, even if the Company was advised of the possibility of such damages. These exclusions apply regardless of the legal theory advanced and regardless of whether any limited remedy is alleged to have failed of its essential purpose.
12. Credit and Accounts
These Credit and Accounts terms apply to all customers who have been granted credit privileges by the Company, including insurers, roadside assistance providers, fleet operators, municipalities, property managers, marina operators, strata corporations, businesses, and other account customers, whether the account was established before or after publication of these Terms. Use of services, submission of service requests, acceptance of invoices, failure to dispute invoices within the applicable time, or continued use of a charge account constitutes acceptance of these Terms and Conditions in full.
These Terms prevail over any conflicting or inconsistent terms contained in any purchase order, work order, insurer guideline, vendor agreement, internal policy, portal instruction, remittance advice, or other customer-issued document, unless expressly agreed otherwise in writing by an authorized officer of the Company. Performance of services, issuance of invoices, acceptance of partial payment, or continued dealings do not constitute acceptance by the Company of any conflicting or additional customer terms.
Unless otherwise agreed in writing, all approved credit accounts are strictly net thirty (30) days from the invoice date. All invoices are deemed received on the invoice date unless proven otherwise by clear evidence. Any claim, question, dispute, objection, discrepancy, deduction request, or challenge relating to an invoice, including with respect to rates, authorizations, scope of work, charges, taxes, fees, storage, administrative charges, or supporting documentation, must be submitted in writing by email to info@mariostowing.com within twenty-one (21) calendar days of the invoice date. Verbal notice, phone calls, text messages, portal comments, statements to drivers, or statements to operational staff do not constitute valid notice.
If no valid written dispute is received within the twenty-one (21) day period, the invoice shall be deemed final, correct, accurate, binding, accepted, and conclusive in all respects, and the customer irrevocably waives any right to dispute it thereafter. Submission of a dispute does not relieve the customer of the obligation to pay all undisputed or deemed accepted amounts when due.
The customer shall pay all amounts owing in full, without set-off, deduction, withholding, holdback, counterclaim, abatement, or deferment of any kind, except only to the extent expressly required by non-waivable law. Payment obligations are absolute and are not dependent on insurance approval, insurer reimbursement, internal approvals, customer reimbursement, fleet-program funding, third-party responsibility, or recovery from another party. Any insurer delay, denial, adjustment, guideline, cap, portal requirement, or refusal does not reduce, suspend, or eliminate the customer’s obligation to pay the Company in full.
Any overdue amount shall accrue interest at the rate of two and one-half percent (2.5%) per month, calculated monthly and compounded monthly, or the maximum lawful rate, whichever is less, from the due date until paid in full. Returned, dishonoured, reversed, charged back, or otherwise failed payments are subject to an NSF or failed payment fee of $45.00 per occurrence. In addition to interest and other remedies, the Company may charge an administrative fee of $75.00 per overdue invoice. The customer further agrees to pay all collection costs incurred by the Company, including collection agency fees, legal fees, disbursements, and court or tribunal costs, on a full indemnity basis.
Where the credit application or account is made on behalf of a corporation, partnership, or other entity, the person submitting, signing, authorizing, or using the account may be required by the Company to guarantee payment and, where such guarantee is given, such guarantor shall be absolutely and unconditionally liable as principal debtor for all amounts owing.
13. Lien, Storage Charges, and Release Conditions
To the fullest extent permitted by law, the Company retains a possessory lien and all other lien, detention, retention, and enforcement rights available at law or in equity over any vehicle and any related property in its possession or control for all amounts owing to the Company, whether arising from the specific vehicle or otherwise where permitted by law. The Company may retain possession until all towing charges, storage charges, administrative fees, taxes, enforcement charges, and any other outstanding amounts have been paid in full in cleared funds. Storage charges continue to accrue daily until the vehicle is released. The Company may refuse release of any vehicle or other property until satisfactory proof of entitlement and full payment are received.
14. Website Use
You may use the website only for lawful purposes. You must not use the website in any manner that could damage, disable, impair, overburden, or compromise the website, the Company’s systems, or the use of the website by others. You must not attempt unauthorized access to any part of the website, associated systems, servers, data, portals, accounts, or networks. You must not use the website to transmit unlawful, harmful, fraudulent, misleading, abusive, defamatory, infringing, malicious, or otherwise objectionable material.
The website and all website content are provided on an “as is” and “as available” basis without any representation, warranty, condition, or guarantee of any kind, whether express, implied, statutory, or otherwise, including as to availability, accuracy, completeness, merchantability, fitness for purpose, compatibility, or non-infringement. The Company does not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. To the fullest extent permitted by law, the Company disclaims all liability arising from website downtime, delays, errors, omissions, cyber incidents, data loss, unauthorized access, service interruptions, or reliance on website content.
15. Intellectual Property
All text, graphics, logos, icons, images, software, page layouts, documents, downloads, and other content on the website are the property of the Company or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. No content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, or exploited without the prior written consent of the Company.
16. Credit Card Surcharge
All payments made by credit card may be subject to a surcharge of two and one-half percent (2.5%) of the total transaction amount, or such other disclosed amount as may be permitted by law and card network rules from time to time. By making payment by credit card, you acknowledge and agree to the applicable surcharge. No surcharge applies to debit card, electronic funds transfer, cheque, or other non-credit-card payment methods unless separately disclosed.
17. Force Majeure and Operational Delay
The Company shall not be liable for any failure, delay, inability, interruption, interruption of access, or change in performance arising from or related to weather, road conditions, traffic, accidents, closures, mechanical breakdown, equipment failure, labour shortage, staffing issues, illness, emergency calls, government action, legal restrictions, strikes, lockouts, civil disturbance, natural disaster, acts of God, telecommunications failure, utility failure, software failure, cyber incident, supplier failure, or any cause beyond the reasonable control of the Company. The Company may delay, suspend, reroute, reprioritize, or decline services in its sole discretion where operationally necessary or prudent.
18. Driver, Employee, and Agent Protection
All drivers, operators, dispatchers, employees, contractors, subcontractors, and agents of the Company act solely as representatives of the Company in the course of performing services. No claim, action, or proceeding shall be brought personally against any such individual for any act or omission undertaken in good faith in the course of providing services, except to the extent such personal liability cannot lawfully be excluded. All protections, exclusions, limitations, waivers, and indemnities contained in these Terms are intended to extend to and benefit each such individual.
19. No Waiver; Severability; Survival
No failure, delay, or partial exercise by the Company of any right, remedy, power, or privilege shall constitute a waiver of that or any other right, remedy, power, or privilege. If any provision of these Terms is found to be invalid, illegal, or unenforceable in any respect, that provision shall be severed or read down only to the extent necessary, and the remaining provisions shall continue in full force and effect. All provisions which by their nature are intended to survive, including but not limited to payment obligations, indemnities, evidence clauses, lien rights, limitations of liability, dispute limitations, and governing law provisions, shall survive termination of the relationship and completion of services.
20. Governing Law and Jurisdiction
These Terms and all disputes, claims, and matters arising out of or relating to the website, the services, the relationship between the parties, or any invoice, tow, enforcement action, storage, or transaction shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada. You irrevocably attorn to the exclusive jurisdiction of the Civil Resolution Tribunal, the Provincial Court of British Columbia, the Supreme Court of British Columbia, and any other court or tribunal of competent jurisdiction in British Columbia, as applicable.
21. Changes to These Terms
The Company may amend, update, replace, or modify these Terms at any time without prior notice by posting revised Terms on the website. The version posted on the website at the time of the relevant service, transaction, or website use shall apply, unless otherwise determined by the Company or required by law. Continued use of the website or services after any update constitutes acceptance of the revised Terms.
22. SMS Messaging Terms
By providing your mobile phone number and agreeing to receive text messages from Mario’s Towing Ltd., you consent to receive service-related SMS notifications including:
Service request confirmations
Appointment reminders
Status updates
Completion notifications
Message Frequency: Message frequency varies based on your service requests and may include 2-5 messages per service.
Message & Data Rates: Message and data rates may apply depending on your mobile carrier plan.
Opt-Out: You may opt-out at any time by replying STOP to any message. You will receive a confirmation message that you have been unsubscribed. After opting out, you will no longer receive SMS messages from us.
Help: For assistance, reply HELP to any message or contact us at 250-765-6009 or dispatch@mariostowing.com.
Supported Carriers: This service is available on major carriers including Telus, Rogers, Bell, AT&T, T-Mobile, Verizon, Sprint, and others.
Consent Recording: Your consent is obtained verbally during phone calls with our dispatch team and recorded for compliance purposes.
23. Contact Information
If you have any questions regarding these Terms and Conditions, please contact:
Mario’s Towing Ltd.
Phone: 1-888-292-1581
Email: info@mariostowing.com