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Terms And Conditions |
Date Of Effect: June 19, 2008
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1. Payment
Full payment
for the Transportation Services is due and
payable fourteen (14) days in advance of the
Date of Service or at time of booking, unless a
transportation is booked within the 14 day
period, then payment is due in full at time of
booking. The Service Contract also requires a
50% (Fifty Percent) as a non-refundable deposit
as set forth in the Order Quotation. Payment may
be made by check or credit card.
2. Cancellation
The Chartering
Party must notify The Company of cancellation
via mail, phone or email. There is no cancellation fee
if the cancellation is made at least thirty-one
(31) days prior to the Date of Service.
Cancellations are subject to a cancellation fee
calculated as a percentage of the total cost of
Transportation Services under the Service
Contract based on the number of days prior to
the Date of Service that The Company receives
notification thereof:
-
15 to 30
days 30% cancellation fee
-
14 to 8
days 50% cancellation fee
-
7 to 0 days
100% cancellation fee
Note:
A change in date of service is a cancellation
Travel on our scheduled line run service between
Orlando, Miami, and Key West is non-refundable.
3. Additional Charges
When, at the
request of the Chartering Party, any change in
Itinerary or other element of Transportation
Services is made (such as an increase in miles
or hours to that specified in the Service
Contract), an additional charge shall be made
for such additional Services.
Where the
Chartering Party requests the right to consume
alcohol during the Transportation Services, an
additional alcohol deposit may be required.
Alcohol and other security deposits may vary.
The Chartering Party will also be responsible
for payment of all tolls, highway fees, parking
fees and other similar out-of-pocket expenses
incurred in connection with the Transportation
Services These costs and expenses will be billed
as separate and additional elements under the
Service Contract. The Company will generally
attempt to include the full amount of any
additional charges that may reasonably be
expected to be incurred and incorporate such
amounts into the Service Contract; provided,
however, that the failure to list any such fees
or expenses shall not affect the Chartering
Party’s sole responsibility there for.
3.a Fuel Surcharges
When fuel prices are above $4.00 a gallon,
Ambiance Transportation will assess a $5.00 Per
Person Fuel Surcharge on our line run scheduled
services and a 5% Fuel Surcharge on all other
services.
4. Extending Trips
If, whether or
not previously anticipated, the Transportation
Services extend over 24 hours, or any shorter
period requiring the driver to take a mandated
rest period (See Driver Hours), the Chartering
Party is responsible for reserving and paying
for reasonable overnight accommodations for each
driver. A detailed itinerary for overnight trips
is required for at least two (2) weeks prior to
the departure date of service and the final
itinerary must be received at least one (1) week
prior to the Date of Service. Itineraries are
subject to review by Ambiance Transportation
personnel and the Service Provider. Prices are
subject to change based on changes made to the
itinerary in the signed contract.
5. Driver Hours & Limitations
Federal
Department of Transportation safety regulations
prohibit drivers from being on duty more than
fifteen (15) hours per day and from driving more
than ten (10) hours per day (including a thirty
(30) minute pre and post-trip vehicle
inspection). Upon reaching these service limits,
the driver must be given at least eight (8)
consecutive hours off before resuming duties.
These regulations are subject to government
suspension under certain extraordinary
circumstances.
6. Damages to Equipment
The Chartering
Party is fully responsible for all damage to the
Equipment or injuries caused to Passengers or
other third persons caused by any Passenger or
any baggage, parcels or other property brought
on board or transported on the Equipment by any
Passenger. The cost of repairing damage to
Equipment resulting from acts of any Passenger
shall be charged to the Chartering Party and is
to be paid as soon as such cost is determined.
7. Departure
& Arrival Times
The time of
arrival at starting point, stop-over point,
destination or return to point of origin cannot
be guaranteed. Travel speed limits are
prescribed by law, and Service Providers are
instructed to travel at all times at speeds
compatible with safe operation. Road, traffic
and weather conditions are beyond the control of
The Company and the Service Provider, and no
refunds shall be given as a result of late
arrivals due to such conditions or other
occurrences out of the control of The
Company or the Service Provider.
8. Equipment
Equipment is to
be inspected by the service provider before
being assigned to the Service Contract to insure
uninterrupted service. If for some reason beyond
the control of The Company, a mechanical failure
requires the replacement of Equipment, the
replacement Equipment may be of a different
type, size or age.
Certain
over-the-road Motorcoaches have video screens
and player for passenger use. Requests for
video-equipped coaches must be made on the
Service Order and The Company will make
reasonable efforts to assign Equipment with such
facilities, but The Company cannot guarantee the
availability or operation of such video
equipment. The Chartering Party is solely
responsible for the provision of any and all
content to be shown on any such equipment, as
well as for any fees, costs or charges in
connection with the display of such content. The
following is important information from a
Summary Statement prepared by the Film Security
Office of the Motion Picture Association of
America Inc. provided for your information: “By
law, the prerecorded video cassettes and DVDs
available in stores throughout the United States
are for HOME USE ONLY. The U.S. Copyright Act
grants to the copyright owner the EXCLUSIVE
right among others, to perform the copyrighted
work publicly, (U.S. Code Title 17, Sections 101
and 106). Even performances in semipublic places
such as clubs, lodges, factories, summer camps
and schools are public performances subject to
copyright control. Companies, organizations and
individuals who wish to publicly exhibit
copyrighted motion pictures and audiovisual
works MUST secure a license to do so.” THE
COMPANY AND THE SERVICE PROVIDER DISCLAIM ANY
AND ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED
VIDEOCASSETTES AND DVDs. This requirement
applies EQUALLY to profit making organizations
and non-profit institutions. Purchases of
prerecorded videocassettes and DVDs for home use
may not authorize their use during the
Transportation Services. In addition, public
performance of videotape recordings made from
televised motion pictures may be a multiple
copyright infringement.
Equipment size
is not guaranteed and is only an estimate based
on information at time of booking. The Company
and the Service Provider reserve the right to
substitute other Equipment sufficient to
accommodate the number of passengers specified
in the Service Contract. Motorcoaches and most
other buses manufactured for North American use
do not include seat belts because the National
Highway Traffic Safety Administration and other
industry experts have found that installing seat
belts would not "enhance overall occupant
protection." The Chartering Party understands
and accepts this limitation.
9. Right To
Refuse Transportation
The Company and
its Service Providers reserve the right to
refuse to transport persons under the influence
of intoxicating liquor or drugs, or who are, or
are likely to become, objectionable to other
persons or if the driver feels threatened in
any way.
10.
Excessive Cleaning
If, during or
after the Transportation Service, the Service
Provider is required to expend a greater than
normal amount of time and material clean the
Equipment properly due to acts of the
Passengers, The Company, at its option, may
require additional cost to cover such additional
time and materials. The charge for Excessive
Cleaning is $100.00
11. Limitation Of Liability
NEITHER THE
COMPANY, NOR THE SERVICE PROVIDER, SHALL BE
LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING
BREACH OF THIS AGREEMENT, EITHER DIRECTLY OR
INDIRECTLY, TO THE OTHER PARTY OR ANY THIRD
PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR
LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT,
EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE
COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY
AGREED THAT NEITHER THE COMPANY, NOR THE SERVICE
PROVIDER, SHALL, UNDER ANY CIRCUMSTANCES, BE
LIABLE TO ANY PARTY FOR AN AMOUNT GREATER THAN
THE SINGLE BUS CHARTER FEE FOR THE DAY IN
QUESTION.
12. Release Of Liability
The Company,
its employees, shareholders, subsidiaries,
affiliates, officers, directors, successors,
agents and assigns do not own or operate any
equipment or Service Provider which provides, or
is to provide, goods services for your trip,
including, transportation companies. The
Chartering Party (for itself and on behalf of
the Passengers) hereby expressly agrees that The
Company shall not be responsible in any manner
for the acts or failures to act, negligently,
willfully or otherwise, of the Service Provider
or its employees, agents or representatives. The
Chartering Party (for itself and on behalf of
the Passengers) also expressly agrees that The
Company shall not be liable for any bodily
injury or harm, accidents, property damage or
personal loss as a result of the Transportation
Services provided under the Service Contract. To
the fullest extent permitted by law, and
notwithstanding any other provision of this
Agreement, the Chartering Party and its
passengers agree, in consideration for the
services provided by The Company, to indemnify
and hold The Company harmless from any and all
damages, injuries, claims and causes of action,
of any type or kind, whether or not caused in
whole or in part by the negligence of The
Company, its employees, agents or
representatives or the Service Provider or its
employees, agents or representatives. The
Chartering Party (for itself and on behalf of
the Passengers) hereby expressly agrees that if
any portion of the Service Contract, including
the terms of the Limitation of Liability
paragraph or this paragraph, is found to be void
or unenforceable, the remaining portions of this
Service Contract shall remain in full force and
effect.
13. Force Majeure
The Company and
the Service Provider shall not be liable for any
failure or delay in performing their obligations
under the Service Contract, and neither party
shall be deemed in breach of its obligations
thereunder, if such failure or delay is due to
Acts of God, natural disasters, national, state
or local states of emergency, acts of war or
terrorism, labor strike or lock-out, or other
industrial or transportation accident caused by
any third party, any violation of law,
regulation or ordinance by any third party or
any other cause not within the control of The
Company or the Service Provider, respectively.
14. Prices Subject To Change
All
prices quoted in the contract are subject to
change under the circumstances described (a.) If
the price of diesel fuel increases by more than
twenty percent (20%) between the date of the
contract and the date of the charter, The
Company may charge a fuel surcharge; (b.) If
there is a change in the federal, state or local
laws or regulations or market conditions between
the date of the contract and the date of the
charter service that (i.) Require material
modifications be made to the Motorcoach
chartered equipment under the contract prior to
the date of the charter service order; (ii.)
Cause The Company to incur material additional
or increased expenses in providing the charter
services; (c) If, due to market conditions or
order discrepancies, the estimated cost of the
trip order is higher than the initial estimate.
15. Prohibited Items
The following
items and activities are prohibited without the
written consent of The Company: (i.)
Decorations; (ii.) Alcoholic Beverages (a fee,
per bus, may be required if alcoholic beverages
are allowed by The Company and the Service
Provider); (iii.) Smoking; (iv.) Glass
containers; (v.) Golf shoes or other shoes with
spikes; (vi.) Generators or non medical oxygen
containers. Tap beer is not allowed on any bus.
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