SERVICE TERMS AND AGREEMENT FOR TRANSPORTATION RESERVATIONS

This Service Terms and Agreement for Transportation Reservations (the “Agreement”) is by and between ST Charters and Buses, INC (“ST Charbus”) and you (either individually or on behalf of any entity whom you are representing) (“Client” or “you”).

This Agreement governs your procurement of bus charter services (the “Charter Services”).

By clicking “I agree”, making a reservation, utilizing the charter services, or otherwise signifying your acceptance of this agreement, you represent and warrant that (a) you are authorized to enter this agreement for and on behalf of yourself and, if applicable, your organization, and are doing so, (b) you and your organization can legally enter into these terms and (c) you have read, understood and agree that you and the organization shall be bound by the terms of this agreement.

You agree that you are fully responsible for the actions of all of you, your passengers, guests and invitees (collectively, the “Passengers”) aboard the transportation equipment provided through ST Charbus (the “Service Buses”).

 

  1. RESERVATIONS AND DEPOSIT

Reservations for Charter Services may be made electronically through ST Charbus’ website – www.charbus.com (the “Website”), by email or by phone. Until the reservation is confirmed by ST Charbus in writing (including by email) the reservation is subject to change by ST Charbus, or you.

You understand and agree that payment for all charter services reserved through ST Charbus shall be made payable to, and collected by, ST Charbus.

ST Charbus is not responsible for any confirmation of your reservations that is lost or otherwise not received when booking via the internet. If your spam blocker is on, a confirmation may not get through. It is your responsibility to call and get a confirmation email when making a booking.

All reservations that are more than fourteen (14) days from the scheduled date of service (the “Date of Service”) require a deposit of at least twenty five (25) percent. ST Charbus shall confirm the amount of the deposit at the time Client makes its reservation. Full payment must be balanced 14 days prior to departure.

Client may change a reservation subject to (a) the availability of the requested Charter Services as proposed by the changed reservation, (b) payment of the applicable fee as determined by ST Charbus, at its sole discretion.

 

  1. CANCELLATIONS AND REFUND POLICY

2.1 If the trip is cancelled prior to (30) thirty days before departure, then all monetary fund will be given back except for a 10% transaction fee;  if the trip is cancelled prior to (14) fourteen days before departure, then all monetary funds except the deposit will be given back; if the trip is cancelled less than (14) fourteen days before departure, then only 50% of total monetary funds will be refunded.

In certain specific circumstances, ST Charbus may in its sole discretion refund some or all of a deposit or the Estimated Costs that have been paid by you if the Charter Service Bus breaks down or breaches its obligations under this Agreement to provide the Charter Services (a “Performance Failure”). Any such Performance Failure shall not affect, and there shall be no refunds of any sort, in connection with any Service Buses not affected by a Performance Failure that you may have charted for Charter Services under this Agreement. You shall remain fully responsible and liable for all deposits, the Estimated Costs and all other amounts due under this Agreement for any such other Service Buses and Charter Services in accordance with the terms of this Agreement.

2.2 If you want to cancel your reservation, you shall send written notice to: generalmanager@charbus.com

2.3 You agree to pay any cancellation or change fees that you incur. Any charge associated with a cancellation is final and not transferable to future or alternative services.

2.4 If the driver arrives at the scheduled pick-up location and Client is not there, and we’re unable to locate or contact the contact person within 60 minutes of the scheduled pick- up time, by the means provided in the reservation, then the ride will be considered a no-show and the reservation cancelled. You shall be fully liable for 100% of the Estimated Cost.

 

  1. RATES AND PAYMENT

3.1 All advertised rates are subject to change without notice and may be increased at any time prior to confirmation by ST Charbus in its sole discretion.

3.2 The rate quoted for the Charter Services is an estimate based on the information that you provided to ST Charbus in connection with your reservation.

There may be additional charges including for taxes, credit card processing fees, damage to the buses, injury to the driver, overtime (i.e., exceeding the time of your reservation), overmileage (traveling further than originally requested) and clean-up that requires a greater than normal amount of time and material necessary to clean the buses properly (“Excessive Cleaning”). The fee for Excessive Cleaning shall be determined by ST Charbus in its sole discretion but the minimum fee is $250.

3.3 You hereby authorize ST Charbus to initiate entries to your check/savings account and/or credit card at the financial institution provided by you at the time of reservation, and, if necessary, initiate adjustments for any transactions credited or debited in error or additional charges. This authority remains in effect until ST Charbus is notified in writing to cancel it. To cancel such authority, you shall provide written notice to ST Charbus no less than thirty (30) days prior to the effective date of such cancellation. ST Chabus may attempt multiple smaller transactions if your financial institution declines large transaction attempts.

3.4 You agree that if any attempt to charge a credit or debit card is declined at any time, then ST Charbus may terminate the option to pay by credit or debit card. If ST Charbus terminates this option, then all remaining payments shall be made via check or electronic wire transfer. If you refuse to pay the remaining balance via check or wire then your reservation(s) will be cancelled and you will be subject to the cancellation charges set forth in Section 2.

You agree that ST Charbus shall ask, at it’s discretion, for all total payments exceeding $5,000 to be made via check or electronic wire transfer. Refusing to pay via check or electronic wire transfer does not nullify this agreement and shall not relieve you of cancellation charges as set forth in Section 2.

3.5 You agree not to dispute any fees or charges in connection with the Charter Services that were otherwise made consistent with the terms of this Agreement, including cancellation fees, warranties, dispute resolution, the Waived Conditions and any other risks for which ST Charbus has disclaimed responsibility or any claims that you have waived (the “Improperly Disputed Amounts”). If you dispute any such fees or charges, then ST Charbus shall have the right to charge you, and you shall pay, any related fees charged by any financial institution involved with the dispute, any attorneys’ fees and expenses and court or arbitration costs associated with enforcing and collecting payment any such fees or charges and any other damages suffered by ST Charbus related to or arising from the Improperly Disputed Amounts.

3.6 It is a violation of law to place a reservation in a false name or with an invalid credit card number with the intent to defraud. Please be aware that even if you do not give ST Charbus your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. Accordingly, if you knowingly input false information in a reservation form, including someone else’s name, e-mail, address, physical address, phone number, random or made up name, address, e-mail, or phone number, you agree to fully indemnify and be liable to ST Charbus and its affiliate companies, for an amount of $10,000 to each company involved, plus any attorneys’ fees and expenses and court or arbitration costs.

 

  1. OVERTIME AND ADDITIONAL CHARGES

4.1 Client shall be fully responsible for any overtime incurred. Overtime will be charged at a rate determined by ST Charbus in its sole discretion and is incurred in thirty minute increments (plus additional taxes and fees). Additionally, if the number of miles exceeds the amount the Client was invoiced for, they may receive an additional invoice. ST Charbus cannot guarantee the availability of overtime. It is of particular importance then that you make allowances for anticipated delays and adhere to the agreed time schedule.

Time and charges begin when the Service Bus arrives at the pick-up location. If there is an error in the stated address, you shall be charged for the time needed to reroute the Service Bus to a different address.

4.2 You agree to pay the following additional expenses incurred in connection with Charter Services: (i) driver’s lodging, (ii) tolls, (iii) parking fees (iv) additional stops and (v) admittance or entrance fees (vi) any other expenses incurred in connection with the provision of the Charter Services.

You agree that if required, you will arrange for appropriate lodging for drivers that meet or exceed the following minimum standards: 2.5 star or better hotel/motel, private room with private shower and bathroom. If you fail to provide the driver(s) with private lodging meeting the above listed requirements, you (i) authorize ST Charbus to procure such alternative lodging for the driver(s) and (ii) agree to reimburse ST Charbus for the cost of any such alternative lodging.

 

  1. CHARTER SERVICES

5.1 Images of, and information regarding, buses and other vehicles presented on the Website may differ from the actual Service Buses.

5.2 ST Charbus cannot guarantee any of the following (collectively, the “Waived Conditions”):

  • the specific make, model, year, or specific bus appearance of the Service Bus.
  • the functionality of the dvd of the Bus. In case it is very important to project any specific video, the organizer of the trip should contact ST Charbus with one week in advance to check if the video is compatible with the reproduction equipment.
  • the availability of high speed internet, because the internet coverture can be limited in some areas.
  • the behavior of the drivers and how they treat the Passengers. However, if there are some complaints about it, we will investigate the case, and apply the proper sanctions. Also, we could take all the legal actions against drivers in such cases.
  • the drivers use of a cell phone.
  • the provision of the Charter Services if any of the Service Buses are affected by weather, mechanical breakdown, blown tires, motor vehicle accident or other similar events (collectively, the “Interference Events”)

You acknowledge and agree that ST Charbus does not guarantee the Waived Conditions and you specifically waive any claims against ST Charbus or right to terminate this Agreement or demand any refund from ST Charbus related to or in connection with the Waived Conditions. At ST Charbus’ sole discretion, ST Charbus may provide limited assistance in resolving claims when they are presented before trip end. With respect to any Interference Event, ST Charbus will use commercially reasonable efforts to get the Service Bus operating again or to obtain a replacement bus as soon as possible.

5.3 You acknowledge and agree that Service Buses and their drivers may not arrive on time for pickup, and may deliver Passengers later than their original scheduled arrival time. You specifically waive any claims against ST Charbus to terminate this Agreement or any sort of refund if the Service Bus is delayed due to events of Force Majeure, including GPS malfunctions, GPS signal problems incorrect route information on the GPS, road closures, or traffic delays. In addition, you acknowledge and agree that certain road and vehicle conditions may require the Service Bus to travel slower than usual. The speed at which to travel, the route and any other trip related decisions shall be solely determined by the driver in his sole discretion.

5.4 Unless agreed to in writing at the time of the reservation, ST Charbus is not obligated to provide options for buses or drivers that are SPAB certified / school certified, DOD certified, or require special permits or certificates. Cancellation for such reasons shall not relieve you of cancellation charges as set forth in Section 2.

5.5 You agree that a reasonable number of seats on the Service Bus may be reserved to allow any required additional drivers or support staff to travel on the Service Bus.

5.6 ST Charbus shall not be responsible for any lost or damaged items. ST Charbus reserves the right to charge a fee for returning any items found in the Service Buses.

5.7 ST Charbus or the driver may terminate any trip without refund in its sole discretion, if (i) the driver or the dispatcher on duty feels that you or any of the Passengers are putting the driver, the Service Bus or any of the Passengers in danger or harm or (ii) you and/or any of the Passengers are in possession of any illegal material and/or substance. This is without exception.

5.8 Drivers must follow FMCSA Hours of Service Regulations and other applicable regulations and shall not agree to any request to exceed the regulated FMCSA Hours of Service or to violate any other regulations. These regulations restrict driving time to ten (10) hours and duty time to fifteen (15) hours. Unless agreed to in writing at the time of the reservation, we’re not obligated to arrange buses with more than one driver on each bus. Drivers are entitled to a hotel room in accordance with Section 4(b) no later than when they reach these restrictions on driving and/or duty times. ST Charbus may terminate any trip without refund in its sole discretion if you or any of the Passengers attempt to force the driver to exceed regulated FMCSA Hours of Service or to violate any other applicable regulations. Additional detail can be found on the FMCSA website: https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations.

5.9 You, or such representative designated by you, agree that as requested by the Driver, you will input requested information into the ST Charbus application utilized by the Driver on a mobile device for the purpose of confirming the trip and the completion thereof.

 

  1. WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1 Warranties. Each party represents and warrants to the other that (a) it has the full power to enter into this Agreement and to perform its obligations hereunder, (b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and (c) this Agreement does not contravene, violate or conflict with any other agreement of such party.

6.2 Disclaimer. Except as specifically provided in this agreement, ST Charbus does not make, and ST Charbus expressly disclaims, any representations or warranties in connection with this agreement, the charter services, the service buses or the charter carrier, whether express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, any warranties arising out of a course of performance, dealing or trade usage, and their equivalents under the laws of any jurisdiction. Without limitation to the foregoing, ST Charbus does not provide any warranty or undertaking, and makes no representation of any kind, whether express, implied, statutory or otherwise, that with respect to the charter services or the service buses will meet your requirements or achieve any intended results.

You expressly agree that the charter services and the service buses are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.

6.3 Limitation of Liability. ST Charbus shall not be liable to you or any of your passengers for any special, consequential, punitive, incidental, or indirect damages, or any damages for lost data, business interruption, lost profits, lost revenue or lost business, arising out of or in connection with this agreement, the charter services or the service buses however caused and based on any theory of liability, arising out of this agreement, the charter services or the service buses, whether or not ST Charbus has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply. In such cases, ST Charbus’ liability will be limited to the fullest extent permitted by applicable law. In no event will ST Charbus’ total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or the Charter Services (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, to ST Charbus during the twelve (12) months immediately preceding the date of the claim, or five thousand dollars ($5,000.00), whichever is greater. The essential purpose of this provision is to limit the potential liability of ST Charbus arising out of this Agreement or the Charter Services whether for breach of contract, negligence, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

6.4 You acknowledge and agree that ST Charbus is severally, providing the ST Charbus portal and services and Charter Services, respectively, and other services, sets prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and ST Charters, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and ST Charbus. ST Charbus would not be able to provide the Charter Services to you on an economically reasonable basis without these limitations.

6.5 ST Charbus shall be liable for any delay or failure in its performance of any of the acts required by this Agreement or the Charter Services, when such delay or failure arises from circumstances beyond the control and without the fault or negligence of such party (“Force Majeure”). Such causes may include, without limitation, traffic, mechanical breakdowns, road conditions, acts of local, state or national governments or public agencies, acts of public enemies, acts of civil or military authority, labor disputes, utility or communication failures or delays, earthquakes, fire, flood, other natural disasters, epidemics, riots or strikes. The time for performance of any act delayed by any such event may be postponed for a period equal to the period of such delay.

6.6 ST Charbus has put in place preventative measures to reduce the spread of COVID-19, such as cleaning and sanitation of the buses and driver health monitoring, among others; however, ST Charbus cannot guarantee that you or any of the passengers will not become infected with COVID-19. Further, using the Charter Bus Services provided by ST Charters could increase passengers’ risk of contracting COVID-19. You are responsible to inform all passengers or their representatives of these potential and real risks by any means you consider necessary, to the extent that all passengers aboard a Charter Bus Services provided by ST Charters acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that they may be exposed to or infected by COVID-19 by attending a Charter Bus Services provided by ST Charters and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

You and all the passengers voluntarily agree to assume all of the foregoing risks and hereby release, covenant not to sue, discharge, and hold harmless ST Charbus, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. ST Charbus shall not be liable to you or any of your passengers, or by any person that could have contact with them for any special, consequential, punitive, incidental, or indirect damages, or any damages caused by covid-19.

 

  1. LICENSE

7.1 In situations where You engage ST Charbus to provide Charter Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to ST Charbus a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined in Section 7.3 below.

7.2 In situations where You engage ST Charbus to reserve and/or pay for Charter Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below.

7.3 For the purposes of this Agreement, the “Scope” shall mean ST Charters’ use of the Marks or Third Party Marks, as the case may be, to advertise and promote ST Charters’ Charter Services by publicizing the fact that ST Charbus has provided such Charter Services to or on behalf of such Event.

 

  1. GENERAL PASSENGER OBLIGATIONS

8.1 Instructions issued by driver must be obeyed.

8.2 Driving and dispatch personnel shall be authorized to exclude persons from travel if they are obviously intoxicated or under the influence of drugs. The same shall apply to passengers who compromise the safety of their fellow passengers for other reasons or significantly impair the well-being of the latter. Claims to substitute transportation shall not exist in these cases.

8.3 Smoking on board the bus is not permitted. This prohibition also extends to e-cigarettes.

8.4 Passengers shall be liable for damages caused on, in or to the bus in a culpable manner.

8.5 Drivers may cancel the contract without notice in the event that despite (verbal) warning, a passenger o several of them behave in a manner so disruptive, that it is no longer reasonable for the driver to continue the journey. This shall also apply if the passenger fails to observe objectively justified guidelines (e.g. safety guidelines). In this case, ST Charter is entitled to retain the fare.

8.6 All passengers shall be obliged to use the seatbelts in accordance with statutory regulations, insofar as the bus is equipped with the same.

8.7 Moderate consumption of alcoholic beverages is permitted provided that the organizer of the trip submit a damage deposit before departure and inform us that they plan to consume alcoholic drinks before departure. The deposited will be returned within 48 hours of end of the trip if damages were not caused to the bus.

8.8 Also You will be responsible than in all trips, all passengers follow these General hygiene rules:

1) Wash their hands after taking the bus, and after using the toilet, and if you cough/sneeze into your hands (follow the 20-second hand-washing rule).

2) Cough/sneeze into your sleeve, preferably into your elbow. If you use a tissue, discard it properly and clean/sanitize your hands immediately.

3) Wearing facemasks while traveling.

4) To inform the Driver as soon as possible, that You or one, or several passengers have symptoms that are associated with COVID-19.

 

9 CHILDREN AND MINORS

9.1 Small children aged between 0 and 3 years may only be conveyed in appropriate child safety seats. During the journey, these must be secured with the seatbelts located on the buses. The child safety seats must be secured with 2-point belts and provided by the adults accompanying the small children in question.

9.2 Children under the age of 13 must be accompanied by an adult (21 years or older).

 

10 TRAVELING WITH A WHEELCHAIR/MOBILITY AIDS/ESCORTS, MOBILITY ASSISTANCE AND GUIDE DOGS

10.1 The maximum weight and size of a wheelchair or mobility scooter that we can accept are:

Weight including the passenger is 600lbs (272kg)

Wheelchair dimensions of 30 x 48 inches (76cm x 121cm)

Mobility scooter with dimensions of 30 x 30 x 48 inches (76 x 76 x 122cm).

10.1.2 The transport of wheelchairs and walking aids is for free, 13.5. Each coach has space for the transport of 2 wheelchairs with the size as escribed in 11.1, and for one mobility scooter with the size as described in 10.1. We kindly ask for a registration via email in advance to make sure that a transport place is available for the requested ride.

10.2 Escorts, mobility assistance and guide dogs

10.2.1 In order to ensure it is possible to transport persons with disabilities or limited mobility, the passenger is encouraged to inform us about his/her needs within two full days in advance from departure date.

10.2.2 Service Animals (animals that have been trained to perform specific tasks to assist persons with disabilities) are transported at no additional charge. Service animals are not required to wear a muzzle. Service animals may be seated on the handler’s lap, on the floor in front of the handler (but not blocking any aisles or exits) or – space permitting – in the wheelchair-accessible space on our coaches. For the comfort and safety of the animal, other passengers and your driver, service animals may never occupy a passenger seat.

Animals for comfort, emotional support, therapy and PTSD are not considered service animals and therefore not permitted to ride (either in the passenger or luggage compartment of the bus). Service Animal fraud is a crime. Penalties can include: fines, community service and even time in jail. For more information, visit: https://www.animallaw.info/content/fraudulent-service-dogs. Animals determined by your driver to not meet ADA standards for a Service Animal will not be permitted onboard.

10.3 Bus stops

ST Charbus has no influence over the infrastructural condition of the stops and places visited, or handicapped access for disabled persons. Therefore, ST Charbus cannot guarantee for handicapped access for disabled persons. You are responsible for its infrastructural condition.

 

11 CARRIAGE OF GOODS

11.1 Baggage:

11.1.1 The baggage transported should have a maximum size of 31 x 20 x 12 inches per item. Slight deviations from these dimensions are permitted provided that the total dimensions of the item do not exceed a total height, width and length of more than 63 inches. Each passenger may transport a maximum of 50 lbs of baggage. Baggage includes suitcases and bags. If passengers are expected to carry special baggage items, the organizer should contact ST Charbus to verify that all items could be stored in the luggage compartments.

11.1.2 Passengers are responsible for loading their baggage. If your group requires help loading or unloading their baggage, you must inform ST Charbus at the time of the reservation.

11.2 Hand Baggage:

11.2.1 Hand baggage is limited to one baggage item per passenger with a maximum size of 16 x 12 x 7 inches and a maximum weight of 25 lbs. Slight deviations from these dimensions are permitted provided that the total dimensions of the item do not exceed a total height, width and length of more than 35 inches.

11.2.2 Passengers shall be required to stow and monitor the hand baggage in the passenger area in a manner which ensures that the safety and proper operation of the bus is not compromised and other passengers are not inconvenienced. Hand baggage should, in principle, be stowed on the baggage racks provided or placed under the seats in front of passengers.

11.2.3 The hand baggage and its contents shall remain in the care of passengers for the duration of the journey and must be monitored appropriately. If any unauthorized access by third parties is observed, the bus driver should be informed. Passengers are requested to check their hand baggage for completeness prior to the end of the journey.

11.3 Valuable Items:

11.3.1 Valuable items, such as cash, jewelry, precious metals, keys, glasses (sunglasses and/or reading glasses), electronic devices (laptops, iPads, tablets, MP3 players, cellphones, cameras, etc), contact lenses, prostheses, medication, important documents (diploma certificates, other certificates, credentials, passports, driving licenses, securities), etc. and fragile objects must be conveyed in hand baggage, not normal baggage, and are subject to the due diligence of passengers.

11.4 Strollers:

11.4.1 As far as the passenger travels with a child, a stroller can also be transported. Strollers shall be conveyed as special baggage (max. one buggy per passenger). Strollers must be collapsible. Non-collapsible strollers shall not be conveyed.

11.5 Bicycles:

11.5.1 The transport of Bicycles is conveyed on some routes. Bicycles must be of a standard size without attachments and may not exceed a weight of 45 lbs. Tandems, E-Bikes, pedelecs or tricycles are not conveyed.

11.5.2 The carriage of bicycles is dependent upon the available capacity of maximum five bicycles per bus.

11.6 Items forgotten or left behind in the bus are not covered by insurance. In the event that passengers have left items in the bus, You should send a mail to generalmanager@charbus.com

11.7 Illegal substances, Dangerous substances and objects are not permitted during travel, especially explosive, flammable, radioactive, foul-smelling or corrosive substances, unpackaged or unprotected items which could injure passengers. These include, for example, weapons, ammunition and pyrotechnics.

11.8 Carriage of Animals

11.8.1 The carriage and transport of dogs and other animals in the buses is excluded in principle.

 

  1. INDEMNIFICATION

You shall indemnify and hold harmless ST Charbus, and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “ST Charbus Indemnitees”), and each of them, against and from any and all third party allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, (“ST Charbus Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by you (including any of your employees. contractors or passengers) of any of the terms and conditions of this Agreement, (b) violation of any law, rule or regulation, (c) use of the Website by you (including any of your employees or contractors) on behalf of yourself or any third party, (d) any failure to procure the license rights contemplated under Section 7.2 above, and (e) the acts or omissions of you (including any of your employees and contractors). If any ST Charbus Claim is made or any action or proceeding is brought against ST Charbus Indemnitees, or any of them, any such ST Charbus Indemnitee may, by notice to you, require you, at your expense, to resist such ST Charbus Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such ST Charbus Indemnitee. Your reimbursement, indemnity and contribution obligations under this Section shall be in addition to any liability that you may otherwise have, and shall extend upon the same terms and conditions to ST Charbus Indemnitees.

You and ST Charbus agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Charter Services (a “Claim”) will be resolved in accordance with this Section or as ST Charbus and you otherwise agree in writing.

 

  1. GOVERNING LAW AND DISPUTE RESOLUTION.

14.1 Choice of Law. This Agreement shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. Each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to any claim or otherwise in connection with this agreement or the charter services.

14.2 Arbitration and Class Action Waiver. Please review as this affects your legal rights.

14.2.1 Arbitration. You agree that all claims between you and ST Charbus (whether or not such claim involves a third party) in connection with this agreement or the charter services will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes in Houston, Texas. You and ST Charbus hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and  ST Charbus would have in court may not be available in arbitration.

Neither you nor ST Charbus will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

You are giving up your right to participate as a class representative or class member on any class claim you may have against  ST Charbus including any right to class arbitration or any consolidation of individual arbitrations.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ST Charbus is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ST Charbus or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

14.2.2 Judicial Forum for Disputes. In the event that the agreement to arbitrate under this Section 14.2 is found not to apply to you or your claim, you and ST Charbus agree that any judicial proceeding (other than small claims actions) must be brought, solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Harris County, Texas. Both you and ST Charbus consent to venue and personal jurisdiction there. Notwithstanding the foregoing, ST Charbus may bring a claim for equitable relief in any court with proper jurisdiction.

14.2.3 This arbitration agreement will survive the termination of this Agreement or your relationship with ST Charbus.

14.3 Improperly Filed Claims. All claims you bring against ST Charbus must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, ST Charbus may recover attorneys’ fees and costs up to $15,000, provided that ST Charbus has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

14.4 Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Charter Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

  1. No Discrimination

Reservations, bookings and trips aboard ST Charbus is without regard to race, color, creed, religion, believes, sexual orientation, political orientation, sex, gender, national origin or any other circumstance.

 

  1. Non-Disparagement.

You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company.

Should you take action intended, or would reasonably be expected, to harm the reputation of ST Charbus, ST Charbus may recover attorneys’ fees and costs up to $500,000.

 

  1. Miscellaneous.

17.1  In the event that any provision of this Agreement shall be adjudged illegal or otherwise unenforceable, such provision shall be severed and the balance of this Agreement shall continue in full force and effect.

17.2 The waiver by ST Charbus of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach

17.3 All notices pursuant to this Agreement to either party shall be in writing and shall be personally delivered or mailed by overnight courier, or transmitted electronically, fees prepaid. Notice shall be deemed given and effective on receipt by the party to whom such notice is directed.

 

To ST Charbus:

ST Charters and Buses, INC.

Address:

Houston, Tx, Zip Code:

Email: generalmanager@charbus.com

Attn: ST Charters and Buses, INC.

To Client: To such address as provided to ST Charbus

17.4 Except as provided in Section 14, the rights and remedies of the parties hereunder shall not be exclusive, and are in addition to any of other rights provided by this Agreement or by law.

17.5 This Agreement is the entire agreement of the parties with respect to the Charter Services. Any additional terms or any modification to this Agreement shall not be binding on either party unless in a writing duly signed by the party to be charged.

17.6 This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you (by operation of law or otherwise), but may be assigned by ST Charbus without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.

17.7 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

17.8 Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2- 16.