TERMS AND CONDITIONS
Definitions:
Company: Majestic Limos Services Inc. dba Party Bus 4 Us (PB4US).
Customer: That individual whose name and signature appears on Reservation For.
Passenger(s) Those individuals Customer allows to bus chartered by Customer.
TERMS:
The carriage of any passenger on our coaches, and any related goods or services that we may provide to a passenger in respect of such carriage, are subject to these terms and conditions of carriage ("Terms") and any other terms set out on the Passenger's Reservation Form. These terms and any other terms set out on the Passenger's Reservation Form comprise the entire agreement between us and the passenger and shall be subject to the laws of the state of California, (irrespective of its choice of law principles) shall govern the validity of this agreement, the construction of its terms, and the interpretation and enforcement of the rights and duties of the parties to this agreement. No other terms and conditions, where oral or written, will apply. PB4US's terms and conditions will apply to all guest passengers that customers bring into PB4US vehicles. Because passengers will be bound by the terms of this agreement, the customer is responsible for conveying the terms of this agreement to passengers. This agreement is valid for all reservations requested by customers in the future until we receive a written cancellation of account request. PB4US is not a common carrier and therefore we reserve the right to refuse to deal with any person or to carry any luggage without giving any reason. You agree to observe any written or oral direction that we give to you in respect of your travel on our Coach.
CONDITIONS:
This agreement will not take effect, and PB4US will have no obligation to provide services, until the customer returns a signed copy of this agreement and pays the initial reservation deposit called for under paragraph 3 below.
SCOPE OF SERVICES:
By signing this agreement, the customer agrees to hire PB4US to provide transportation rentals by the hour (Hourly Rentals) and/or Point-to-Point transportation services.
RESERVATION DEPOSIT:
By signing this agreement, the customer hereby agrees to provide a non-refundable deposit in the amount specified at time of reserving transportation services with PB4US.
CHANGES TO RESERVATION:
A final confirmation phone call, text message or email (as preferred by customer) will be sent from PB4US to the customer at least 24 hours prior to service date. If a customer requests changes to the reservation within 24 hours of the service pick-up time, changes will not be incorporated into the reservation until, and only until, the customer receives a confirmation communication from PB4US. It is the customer's responsibility to ensure that PB4US is aware of any changes to the reservation.
CUSTOMER CANCELLATIONS:
Cancellations must be made at least 10 days before the service date so that the customer may avoid being charged in full for the amount of the scheduled service. All cancellations must be in writing via email to info@partybus4us.com. Failure to cancel 10 days in advance will result in charges to the customer's credit or debit card for the full amount of the service agreed to in the reservation. By signing this agreement, customer hereby agrees, allows, and permits PB4US to charge customer's credit or debit card for the full amount of service when customer cancels the service less
than 10 days before it was scheduled to occur. This only applies if the vehicle to be used is not used on the same date and during the same time frame listed on the reservation from another customer.
RIGHT TO REFUSE TRANSPORTATION OF PASSENGERS:
PB4US and its chauffeurs and employees reserve the right to refuse to transport persons under the influence of alcohol or drugs (only if acting inappropriately), those in possession of weapons, or persons who, for whatever reason, may impair the safety of the chauffeur or other passengers in the vehicle. This right pertains to all customers and passengers.
SMOKING IN SERVICE VEHICLE:
Smoking of any kind of substance is prohibited in PB4US vehicles. PB4US reserves the right to charge the customer for any damage, lingering odors or clean-up associated with the passengers' smoking in PB4US vehicles. Customer agrees to be charged for such damage in accordance with the rules addendum.
USE OF ALCOHOL BY MINORS, DRUGS, OR WEAPONS PROHIBITED:
Minors are absolutely prohibited from consuming alcoholic beverages or drugs within or in the immediate vicinity of PB4US vehicles. As part of PB4US's "Zero Tolerance Policy," chauffeurs are instructed to immediately transport passengers to the nearest police station or California Highway Patrol (CHP) station if underage drinking, drug consumption (illegal drugs or recreational use of prescription drugs), or possession of weapons is suspected by the chauffeur. By signing this agreement, customer assures PB4US that no illegal drugs, underage drinking, or possession of weapons will take place by customer, passengers, or their associates in the vehicle.
CHANGES TO SERVICE TYPE AT THE TIME OF SERVICE:
Every contracted price negotiated prior to service is based on the information provided by the customer to PB4US at the time of reservation. Changes to the service by the customer that are made prior to the pick-up time, at the pick-up time, or during the hours of service may include additional fees depending on the requests. In addition, overtime charges must be paid prior to the extended time
MULTIPLE PICK-UP/DROP-OFF LOCATIONS:
Every service is allowed a maximum of two pick-up locations at the commencement of the service, and two drop-off locations at the conclusion of the service. Any additional pick up locations or drop off locations will be charged at the rate of $25.00 each within a 10 mile radius. Anything outside of that will be charged at the hourly rate of the vehicle quoted in the reservation.
OVERTIME CHARGES ON RENTALS BY THE HOUR:
Customers will begin to incur overtime charges if the service has not been concluded by the scheduled drop-off time. Overtime charges will be charged in thirty-minute increments. By signing this agreement, the customer pre-authorizes all overtime charges, should they be incurred. Payment for additional time incurred over and above the time that was scheduled for hourly services may be paid with cash or card on file.
WAITING TIME CHARGES ON POINT-TO-POINT TRANSFERS:
In the event the customer and/or passenger is not available at the time of the scheduled pick-up, waiting time charges will begin to accrue after a ten minute grace period in the amount of $1 per minute billed in 15 minute increments.
CHAUFFEUR SAFETY/ RIGHT TO TERMINATE SERVICE:
In the event that the assigned chauffeur and/or other PB4US employees feel that their safety, or the safety of the other passengers in the vehicle is threatened by physical, verbal, or any other inappropriate behavior, including purposefully causing damage to the vehicle within the control of the passengers or individuals associated with the passenger, the chauffeur and/or PB4US may terminate service immediately, without refund to the customer.
LOST PERSONAL PROPERTY:
PB4US is not responsible for any personal property that is lost or left behind in the service vehicle whether it belongs to the customer or passengers. PB4US recommends that the customer and passengers account for all personal items before exiting the vehicle.
ARRIVAL TIMES:
PB4US makes no guarantee that the service vehicle will arrive at any destination at any specific time once the service is commenced. Customers are responsible for scheduling pick-up times that take into account the travel time and distance to a particular location scheduled as part of the service route, including potential delays due to traffic, construction, or other unforeseen causes.
BREAKDOWNS/MECHANICAL FAILURE:
In the event of any vehicle breakdown PB4US reserves the right to substitute alternative vehicles of equal or greater seating capacity. In addition, the portion of time that the vehicle is inoperable or unavailable will be refunded to the customer in fifteen minute increments. Also, if the service vehicle becomes no longer available and no other vehicles are available, the customer will be refunded for the remaining time of the reservation but the customer and all passengers will then be responsible for their own ride-hauling fees.
FORCE MAJEURE:
PB4US shall not be liable for any failure or delay in performing its service obligations, and PB4US shall not 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 PB4US.
TOLLS/PARKING CHARGES:
Customer is responsible for all tolls and parking charges related to the rental. If a customer wishes to take a toll road during specific hours of the day, e.g. (during rush hour traffic when toll rates are at their highest) the customer must pay for the toll fees unless given exemption.
REFUNDS/DISCOUNTS:
PB4US recognizes that as a transportation provider, there are a number of issues that may occur throughout the course of a day/schedule that can possibly alter service beyond PB4US's control. PB4US will issue a refund or discount in accordance with the following policies:
If a vehicle arrives with no air conditioner or the air conditioner fails 3/4 the way through the service period or less the customer will receive a $50 discount. If it's a very hot day and the vehicle isn't cooled to customer satisfaction but the air conditioner is still working there are no discounts.
If the vehicle arrives with no radio connection I.G. (the bluetooth connection doesn't work and the USB connection also doesn't work) the customer will receive a $50 discount. All customers are responsible for providing their own USB/charging cables. The customer will then be responsible for providing their own source of music.
ON-TIME GUARANTEE:
If, for any reason, a PB4US chauffeur cannot arrive at the scheduled pick up time, PB4US dispatch will call the customer to provide information about the chauffeur's estimated arrival time. In the event that the chauffeur's late arrival affects the customer's plans and the customer decides to use an alternate method of transportation, the customer may cancel the service, and will be issued a full refund. However, should the customer agree to continue with service, PB4US will present two options:
1. Customers will only be charged for the amount of time he or she actually used the service, and will be issued a refund or credit on all time included in the reservation that was not actually utilized by the customer.
2. Customers may extend the time of the service by the amount of time the chauffeur arrives late. For example: If the chauffeur arrives 30 minutes late, the drop-off time may be extended for an additional 30 minutes beyond the originally scheduled drop off time.
RESREVATION ERROR:
After a reservation is booked, PB4US will provide the customer with a confirmation email of the reservation. It is the customer's responsibility to review the confirmation email and ensure all reservation details are correct. Any time-changes, pick-up address changes, or any other changes to the reservation must be accounted for by a new confirmation email to the customer. It is the customer's responsibility to inform PB4US as soon as possible of any new changes from the previous confirmation details. Also, if the customer does not receive the confirmation email he or she must contact PB4US as soon as possible.
PUBLIC STATEMENTS OR DEFAMATION:
In order to provide the best customer service possible, and to provide PB4US with the opportunity to rectify the situation, PB4US requests that customers contact the customer service department directly before resorting to the posting of any negative public statements or online reviews. Customers may contact customer service in writing via email to info@partybus4us.com or texting or calling us at 714-654-8325. In the correspondence, please identify the date and time of the service, the name of the chauffeur, and a detailed explanation of the grievance. A manager or customer service representative will respond to the claim within 48 hours. PB4US reserves the right to take legal action against any customers who publish defamatory statements against the company.
CREDIT CARD CHARGE DISPUTES:
Consistent with the policy in the above paragraph, PB4US requests that the customer contact PB4US before disputing any credit card charges. Customers may contact customer service in writing via email to info@partybus4us.com. In the correspondence, please identify the date and time of the service, the name of the Chauffeur, and a detailed explanation of the reason for the dispute. A manager or customer service representative will respond to the claim within 48 hours.
PB4US will refer all credit card disputes/chargeback disputes via credit card companies including Amex/Visa/MasterCard/Discover to our legal team. Should PB4US incur any legal fees as a result of any illegitimate credit card disputes, PB4US is entitled to recover all such legal fees and other expenses as a result of any false claims.
LIMITATION OF LIABILITY:
PB4US SHALL NOT 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 PB4US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT PB4US SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY PARTY FOR AN AMOUNT GREATER THAN THE SCHEDULED SERVICE FEE.
If PB4US shall be subject to any claim, demand, or penalty; or becomes a party to any suit or other judicial administrative proceeding arising out of, related to, or connected to this service, customer shall indemnify and hold PB4US harmless against all judgments, settlements, penalties, and expenses, including attorney's fees, court costs, and other expenses of litigation or administrative proceedings, incurred by, or imposed upon, PB4US in connection with the investigation or defense relating to such claim or litigation or administrative proceeding and, at the election of PB4US, customer shall also defend PB4US.
ATTORNEY'S FEES:
If PB4US incurs legal fees or other expenses as a result of any lawsuit or administrative proceeding arising out of service or related to service, including, but not limited to, collection of unpaid fees, claim for damage to the service vehicle or any claim against PB4US for damages, then PB4US is entitled to recover from customer all such legal fees and other expenses.
SEVERABILITY/UNENFORCEABILITY:
If any term of this agreement is held to be invalid or unenforceable, the remainder of this agreement will not be affected, and the remaining terms will be deemed valid and enforceable to the fullest extent permitted by law.
GOVERNING LAW:
The laws of the state of California, (irrespective of its choice of law principles) shall govern the validity of this agreement, the construction of its terms, and the interpretation and enforcement of the rights and duties of the parties to this agreement.
I the undersigned, state that I am the Customer/Cardholder. I have inspected vehicle prior to my use and have noted any non working components and/or pre existing damage on THIS form. If nothing noted I accept vehicle as in “perfect condition” and agree to pay all stated and unknown damage charges and/or cleaning fees incurred due to actions of myself or members of my charter party group. I further understand and agree Driver has NO authority to wave charges or fees and final charges will be assessed by management when vehicle returns to terminal and is inspected. With that understanding, I hereby authorize Company to add all additional charges incurred to the total cost of above reservation number without further discussion or due process of law and to immediately debit my credit card on file with Company for all additional charges. My signature below is proof I have read and agree to comply with above stated rules and pay extra charge amounts if incurred. I also agree to pay all of Company’s Attorney fees and costs of appearing in court for any matter related to enforcement of the above stated Rules, Terms and Conditions of Service or collection of payment amounts.
I the undersigned, state that I am the Customer/Cardholder. I have inspected vehicle prior to my use and have noted any non working components and/or pre existing damage on THIS form. If nothing noted I accept vehicle as in “perfect condition” and agree to pay all stated and unknown damage charges and/or cleaning fees incurred due to actions of myself or members of my charter party group. I further understand and agree Driver has NO authority to wave charges or fees and final charges will be assessed by management when vehicle returns to terminal and is inspected. With that understanding, I hereby authorize Company to add all additional charges incurred to the total cost of above reservation number without further discussion or due process of law and to immediately debit my credit card on file with Company for all additional charges. My signature below is proof I have read and agree to comply with above stated rules and pay extra charge amounts if incurred. I also agree to pay all of Company’s Attorney fees and costs of appearing in court for any matter related to enforcement of the above stated Rules, Terms and Conditions of Service or collection of payment amounts