Five Star Tours Service Agreement Terms
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This agreement serves as legal binding agreement between _________________________ and MUH INC Doing Business As Five Star Tours. Service DepositsA non-refundable deposit of $100.00 per service per vehicle is due in order to reserve your service. Final PaymentsThe final balance is due in advance seven days prior to the departure date. All monies are non-refundable after final payment is received. NO EXCEPTIONS!Payment MethodsPayments may be made by cash, cashier’s check and credit card (Visa, MasterCard, American Express, and Discover). No Personal or Business checks are accepted. CancellationsAny cancellation will result in the loss of all monies paid towards the trip. If you are aware that your service is not materializing, please call us to cancel as soon as possible. All monies are non-refundable after final payment is received. NO EXCEPTIONS!Itineraries- This is not applicable for private activities or tours. It is the responsibility of the Client/ Chartering Party/Group Leader to provide a detailed itinerary of your plans that involve activities or transportation. This itinerary should include the desired departure point and time, destination, stopovers, and any side trips along the way. This will enable us to verify the charges quoted and properly prepare your coach operator for the trip. We request that this information be provided at least two (2) weeks prior to the departure date. Prices are subject to change based on the final itinerary. Changes/Additional and Unforeseen CostsAny change in service at the request of the Chartering Party/Group Leader that results in an increase in miles or hours over that of the contracted service may result in an additional charge. The Chartering Party/Group Leader agrees to sign trip sheet upon the request of the driver for confirmation of service completion time. Overtime will be permitted, upon vehicle availability, and rounded off to the next hour. Availability of overtime is not guaranteed. Only the company dispatcher has the authority to allow overtime on any vehicle in the Five Star Tours fleet. Tolls, parking charges, and reserving and paying for driver accommodations in the event of an overnight trip, etc., will be the responsibility of the Chartering Party unless otherwise stated. Any additional fees unforeseen prior to the departure of the charter are the responsibility of the Chartering Party.Driver Hours- For Motor Coach ChartersThe Federal Department of Transportation has adopted safety regulations that prohibit drivers to be on duty more than fifteen (15) hours per day, ten (10) of which are for driving (including a thirty (30) minute pre and post trip vehicle inspection). The driver must be given eight (8) consecutive hours off before resuming duties. If your itinerary requires additional service time, you will be charged accordingly for relief drivers.Vehicle Requests/AssignmentsFive Star Tours reserves the right to sell and /or update any model of vehicle in its inventory. Specific vehicle requests are not guaranteed. The company also reserves the right to replace a contracted vehicle type/size with one of equal or greater value in the event it becomes necessary in order to fulfill the requirements of the contract.Personal Property/Lost and FoundNeither the company, its agents or employees shall be liable for any personal property of the Chartering Party or their guests, which are misplaced, damaged or left in the vehicle. If you have lost or misplaced an item and believe it may have been left on one of our buses, you may contact our office and you will be transferred to our Lost and Found voicemail. Please be sure to have your Work Order number, the date and destination of your trip, and the name of the group the reservation was made under, along with a detailed description of the item you are missing. Due to the high volume of lost items and inquiries regarding these items, we are unable to respond to every inquiry and will return your call only if your item is found. It may take up to 7 days to locate an item.Damage to VehiclesAll vehicles including motor coaches offered for charter, tour, shuttle or any services are carefully inspected by the carrier prior to assignment, therefore, any damage to the equipment which is caused by a member of the Chartering Party shall be the responsibility of the chartering party and the costs of the repairs shall be paid by the group. Also, a $200.00 minimum fee will be charged for excessively spilled liquids, removal of foot prints or other marks, stains from the upholstery, and any cleaning brought on by an illness of any cause. A security deposit of $300.00 may be requested at the discretion of Five Star Tours and will be available for refund upon completion of the charter when the bus has completed its service and does not require professional cleaning or damage repairs.Additional fees may be charged to cover damages at the company’s discretion. Client will be charged a minimum of price listed below for the following occurrences: A. Smoking in Vehicle – One hundred fifty dollars ($150.00) B. Ripped or Damaged Upholstery – Five Hundred Dollars ($500.00). C. Stained Carpet – Two Hundred Dollars ($200.00). D. Vomit in or on the Vehicle –Two Hundred Dollars ($200.00). E. Lost or Broken Glassware – Twenty Dollars ($20). F. Lost or Broken Remote Control – Two Hundred and Fifty Dollars ($250.00). G. Excessive Mess in the Vehicle – Two Hundred Dollars ($200.00). H. Breaking of lights – Two Hundred Fifty Dollars ($250.00). I. Breaking of television or air conditioner – Seven Hundred Fifty Hundred ($750.00) J. Breaking of DVD player, cd player, IPod, or radio – Two Hundred fifty ($250.00) K. Damaged or lost DVD or CD – Twenty Dollars ($20.00). ResponsibilityMUH INC, Inc. operates under the name and authority of Five Star Tours, Inc.. We agree to make every effort to carry out the provisions of the agreement, but it is distinctly understood that we shall not be liable for delays caused by accidents, breakdowns, mechanical failures, Acts of Providence or God, and bad conditions beyond our control and we do not guarantee to arrive or depart from any point at a specific time. In the event of mechanical failure, driver illness, or any other emergency preventing the operation of a bus, the bus operating company is to be given a reasonable time for repairs or replacement of the bus or driver at its own discretion. If a replacement vehicle is sent and/or client refuses a replacement vehicle, no refund is due. If no replacement vehicle is available, refund shall be limited to the amount paid by customer. Five Star Tours shall not be liable for the loss of any personal property or damage to any personal property. Five Star Tours reserves the right to lease equipment from other companies in order to fulfill this contract if necessary.Also, Client hereby waives any and all claims against Company, its agents or employees for injury, loss, or damage, including consequential damages, to Client or members of client’s party’s person or property from whatever cause. Client waives any right of subrogation with regard to the same. Company is not responsible for injuries that occur while riding in vehicles. Any injury that does occur must be reported immediately to the driver of vehicle. Injuries not immediately reported are treated as if they did not occur during the Contract. Modification and Execution The Terms constitute the entire Service Contract between Client and Company with respect to all subject matter covered herein, and supersede all previous communications, representations, understandings and Contracts, either oral or written, between the parties with respect to said subject matter. This Contract or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the Contract or portion hereof. This Contract may not be modified by either party except by a written Contract signed by both Client and Company. Client also agrees that any and all disputes and claims relating in any way to this Contract (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of confidential mediation conducted in the State of California, County of San Diego. The mediation shall be conducted under the then prevailing mediator mutually agreed upon by Client and Company at the Small Claims Court of San Diego for award amounts no larger than the actual amount paid for services not to total less than $ 4,999 USD. Client and Company may litigate in court only to compel mediation under this Contract or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator. The mediator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no mediation under this Contract shall be joined in an mediation involving any other current or former user of “company”, whether through class arbitration proceedings or otherwise.Please make sure you review this contract and completely acknowledge our terms I further declare and represent that I am at least 18 years of age, that I have full legal capacity to be bound by this Contract, and that I am agreeing to this Contract of my own free will and accord. Please note that your signature on this contract actually reserves the motor coach and guarantees your reservation; however, if the contract is not signed and returned with your deposit within fourteen (14) days of booking, Five Star Tours reserves the right to release the bus or bus(es) without notice. *
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