This Customer Agreement (this â€œAgreementâ€) sets forth the terms and conditions for your use, as a Customer (as defined below), of the managed marketplace platform for bus transportation services, provided by Buslane LLC, a Washington limited liability company (â€œBuslaneâ€), at www.Buslane.com and all associated mobile software applications, technology, and services provided by Buslane from time to time (collectively, the â€œPlatformâ€).
1. Platform. The Platform constitutes a technology platform that enables end user customers (â€œCustomersâ€) to arrange and schedule transportation services (â€œServicesâ€) with independent third-party bus operators (â€œOperatorsâ€). Subject to the terms and conditions of this Agreement, Customer may access the Platform to review, request, and purchase Services from Operators. As used herein, â€œTermâ€ means the duration of Customerâ€™s use of the Platform and receipt of Services from Operators. Unless otherwise agreed by Buslane in a separate written agreement with Customer, the Platform is made available solely for Customerâ€™s personal, noncommercial use. CUSTOMER ACKNOWLEDGES THAT BUSLANE DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY OPERATORS THAT ARE NOT EMPLOYED BY BUSLANE OR ANY OF ITS AFFILIATES. Buslane has no responsibility or liability with respect to Customersâ€™ requests for Services or Operatorsâ€™ delivery of the Services. Buslane is not responsible in any way for the acts or omissions of Operators or their drivers (or other personnel) (â€œDriversâ€) and/or for the acts or omissions of Customers, including but not limited to any claims arising from or in connection with accidents, property damage, injuries or death, or any other losses. All Customers and Operators on the Platform are subject to the prior approval and/or subsequent removal by Buslane, in its sole discretion. Customer must be at least 18 years of age, or the age of legal majority in Customerâ€™s jurisdiction (if different than 18), to use the Platform and open an Account (as defined below).
2. Ratings, Performance, and Customer Conduct.
(a). The Platform allows Customers to rate and review Operators. Such ratings and reviews shall be made available to other Customers using the Platform. Buslane does not express any opinion, nor does Buslane make any assurances, regarding the truth or accuracy of any Customer reviews or ratings. Buslane shall be under no obligation to monitor or remove Customer reviews or ratings, provided that Buslane may modify or remove any reviews or ratings in its sole discretion.
(b). In the event of any performance issues with an Operatorâ€™s Services, Customer shall be entitled to the remedies set forth on Schedule A attached hereto. Except for refunds of amounts paid by Customer to Buslane for the Services, all penalties set forth on Schedule A must be paid by the applicable Operator and Buslane is not responsible or liable for such payments.
(c). In connection with Customerâ€™s receipt of Services, Customer (including all individuals attending a Service trip) is required to act professionally, respectfully, and lawfully at all times. This includes, without limitation, abiding by the following standards of conduct: (i) Customer shall follow all instructions provided by Operator and its Drivers; (ii) Customer shall not interfere with Operatorâ€™s or its Driversâ€™ performance of the Services; (iii) Customer shall not harass or disparage Operator or its Drivers or cause any other nuisance, disturbance, or annoyance; (iv) Customer must leave all vehicles in a clean condition and shall not cause any property damage; and (v) Customer shall not engage in any unlawful activities. Customer may be charged additional fees if Customer causes damage to a vehicle or property (including unreasonable litter or debris) that requires repair or cleaning. The amount of such fee shall be determined, in Buslaneâ€™s sole discretion, based on the type of damage and the severity. Examples of certain violations and the minimum fee to be charged therefor are set forth on Schedule B attached hereto, as amended from time to time.
(d). Customer acknowledges and agrees that Customer and/or the Services are further subject to the rules and regulations set forth on Schedule C attached hereto, as amended from time to time.
3. Fees, Disputes, and Cancellations.
(a). The total monetary value of each Service trip (including extras, such as bottled water, meet and greet service, etc.) facilitated on the Platform is referred to herein as the â€œCharter Amount.â€ Buslane charges a five percent (5%) non-refundable booking fee (â€œBooking Feeâ€) on the Charter Amount. In addition, Buslane collects a security and damage deposit of fifteen percent (15%) of the Charter Amount (the â€œDepositâ€). Buslane may apply the Deposit to any outstanding obligations owed by Customer hereunder. Buslane also charges fees to Operators for Services facilitated through their use of the Platform.
If Customer books a Service trip through the Platform, Customer shall pay the applicable charges as follows:
- A down payment of twenty-five percent (25%) of the Charter Amount, plus the full Deposit and Booking Fee, are due at time of booking confirmation.
- The remaining seventy-five percent (75%) of the Charter Amount is due fourteen (14) days prior to Customerâ€™s trip date.
(b). Customer has three (3) days from the date of Operatorâ€™s completion of the Service (the â€œDispute Periodâ€) to file a dispute notice or refund request with Buslane, including but not limited to compensation under Schedule A. If Buslane receives a dispute notice or refund request from a Customer within the Dispute Period, Buslane will withhold payment to Operator until Customerâ€™s dispute or refund request is resolved. If a dispute notice is received after the Dispute Period is closed, Customer and Operator must resolve any claims directly.
(c). Customer may cancel the Services to be provided by an Operator as follows:
- If Customer cancels the Services within twenty-four (24) hours after receiving booking confirmation, Customer will be entitled to a refund of one hundred percent (100%) of the Charter Amount and the Booking Fee.
- If Customer cancels the Services after twenty-four (24) hours of receiving booking confirmation but more than fourteen (14) days before the departure date, Customer will receive a one hundred percent (100%) refund of the Charter Amount minus the Booking Fee.
- If Customer cancels the Services between fourteen (14) days and seventy-two (72) hours prior to the departure date, Customer will be charged the Booking Fee and a cancellation fee (â€œCancellation Feeâ€) equal to fifty percent (50%) of the Charter Amount.
- If Customer cancels the Services less than seventy-two (72) hours prior to the departure date, Customer will be charged the Booking Fee and a Cancellation Fee equal to one hundred percent (100%) of the Charter Amount.
(d). All Service trips are subject to a final accounting audit and reconciliation. The post-trip billing will reconcile the actual mileage and hours of service versus the original contracted amount(s). Buslane extends a fifteen (15) minute grace period from the contracted booking end time. All additional time beyond the 15-minute grace period will be pro-rated at $150.00 per hour in 15-minute intervals. Any additional payments for overages will be processed after the completion of the trip via Customerâ€™s preferred payment method on the Platform.
(e). Additional fees may be applicable to Customerâ€™s trip, such as airport and parking fees, bridge and road tolls, park entrance fees, etc. Customer is responsible for these fees, regardless as to whether such fees were anticipated in the estimated Charter Amount.
(f). Additional time due to circumstances beyond Operatorâ€™s control, including weather, traffic, or similar events, are Customerâ€™s responsibility. Charges for such additional time, if applicable, will be billed on the post-trip billing.
(g). If an Operator cancels Services booked with Customer, Buslane will use commercially reasonable efforts to secure an alternate Operator to provide the Services. If an alternate Operator cannot be secured, Customer shall be entitled to a full refund as Customerâ€™s sole and exclusive remedy.
(h). Customer is prohibited from making direct payments to Operator using payment systems outside of the Platform.
(i). Charges on the Platform may be facilitated through a third-party payment processing service selected by Buslane. Buslane may change its third-party payment processing service at any time without notice to Customer. By using the Platform, Customer consents to and agrees to be bound by the applicable terms and conditions of the then-current third-party payment processing service. A copy of such terms and conditions will be provided to Customer upon Customerâ€™s request. Customer agrees to provide, and authorizes Buslane to use, any and all information necessary to facilitate Customerâ€™s payments through the Platform and any third-party payment processing service selected by Buslane.
4. Independent Contractors. Operators are independent contractors and shall be solely responsible for all aspects of the Services, including but not limited to screening, selecting, hiring, training, supervising, managing, assigning, and dispatching their Drivers; and inspecting and maintaining their vehicles and equipment. Operators are solely responsible for their own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of their Drivers, vehicles, and other equipment. Operators maintain sole control over the methods and results by which Operators perform the Services. Operators are not agents, legal representatives, joint ventures, or partners of Buslane for any purpose. Operators are not authorized to make any contract, warranty, or representation on behalf of Buslane, or to create any obligation, express or implied, on behalf of Buslane. Operators and their Drivers and other personnel are not employees of Buslane.
5. Indemnification. Customer shall defend, indemnify, and hold Buslane and all applicable Operators (if any) harmless from and against any and all direct and indirect damages, losses, liabilities, claims, fines, costs, and expenses, including reasonable attorneysâ€™ fees, arising out of or in connection with Customerâ€™s performance or breach of this Agreement (collectively, â€œClaimsâ€), including but not limited to Claims for or relating to (i) personal injury (including death) caused directly or indirectly by Customerâ€™s acts or omissions; (ii) Customerâ€™s violation of any federal, state, and local laws, rules, and regulations (collectively, â€œLawsâ€); or (iii) Customerâ€™s negligence or intentional misconduct.
6. Limitation of Liability. THE PLATFORM IS PROVIDED â€œAS IS,â€ WITH ALL FAULTS. BUSLANE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT. BUSLANE MAKES NO WARRANTY THAT THE PLATFORM WILL: (i) MEET CUSTOMERâ€™S REQUIREMENTS OR EXPECTATIONS; (ii) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (iii) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BUSLANE HAS NO RESPONSIBILITY OR LIABILITY TO CUSTOMER RELATED TO ANY SERVICES COORDINATED, OFFERED, OR PURCHASED THROUGH THE PLATFORM. BUSLANE HAS NO CONTROL OVER THE TRUTH OR ACCURACY OF OPERATORSâ€™ INFORMATION LISTED ON THE PLATFORM. CUSTOMER ASSUMES ALL RISKS RELATING TO OR ARISING FROM ITS USE OF THE PLATFORM AND INTERACTIONS WITH OPERATORS.
THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BUSLANE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. THE PLATFORM MAY BE UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. BUSLANE ASSUMES NO RESPONSIBILITY FOR ANY INTERRUPTION, ERROR, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY INFORMATION OR DATA ON THE PLATFORM. BUSLANE RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT, FEATURES, SOFTWARE, AND OTHER ASPECTS OF THE PLATFORM AT ANY TIME WITHOUT NOTICE. BUSLANE IS NOT LIABLE FOR ANY DAMAGE TO CUSTOMERâ€™S NETWORK, SOFTWARE, HARDWARE, OR OTHER EQUIPMENT OR PROPERTY ARISING FROM OR IN CONNECTION WITH CUSTOMERâ€™S USE OF THE PLATFORM.
BUSLANE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM, WHETHER OR NOT BUSLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BUSLANEâ€™S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED, IN THE AGGREGATE, THE BOOKING FEE COLLECTED BY BUSLANE FOR THE SERVICES RELATING TO CUSTOMERâ€™S CLAIM.
7. Customer Account and Content.
(a). In order to use the Platform, Customer must register for an account with Buslane (â€œAccountâ€) and provide all required information. Customer represents and warrants that all information submitted by Customer shall be truthful and accurate. Customer must maintain the accuracy of such information. Customer may delete its Account at any time, for any reason, by contacting Buslane or following the instructions at the Platform. Customer is responsible for maintaining the confidentiality of its Account login credentials and all activities that occur under its Account. Customer must immediately notify Buslane of any unauthorized use, or suspected unauthorized use, of its Account or any other breach of security.
(b). Customer is solely responsible for all information and content provided in and through its Account (collectively, â€œContentâ€), including any third-party content submitted by Customer. Customer represents and warrants that such Content shall not violate any provisions of this Agreement. Customer shall not submit third-party content unless Customer has the consent of the applicable third-party owner of such content. Customer may not state or imply that its Content is in any way provided, sponsored, or endorsed by Buslane.
(c). Customer shall retain all ownership rights in and to its Content. Customer grants Buslane an irrevocable, nonexclusive, royalty-free and fully paid, sublicensable, worldwide license, to use, copy, modify, and display Customerâ€™s Content for the operation of the Platform; provided, however, that Buslane shall not publicly disclose Customerâ€™s personal identifiable information (â€œPersonal Dataâ€) except as necessary for Customer to obtain Services from Operators. Buslane may create anonymous data records (â€œAnonymous Dataâ€) from Customerâ€™s Content and Personal Data by using commercially reasonable efforts to exclude any and all information that makes the data identifiable to Customer. Buslane may use and disclose Anonymous Data for any purpose, including improving the Platform. Buslane may share Customerâ€™s Content and Personal Data (i) with third-party service providers, contractors, and subcontractors assisting, directly or indirectly, with the operation and maintenance of the Platform; (ii) if another company acquires Buslane; and/or (iii) to comply with relevant Laws, to respond to subpoenas or warrants, or assist in preventing any violation or potential violation of the Law or this Agreement.
(d). Except to the extent expressly provided otherwise herein, all data generated by the Platform, including all data regarding Service trips (â€œService Trip Dataâ€), shall be owned by Buslane. Provided that Customer complies with all terms and conditions of this Agreement, Buslane grants Customer a nonexclusive, royalty-free and fully paid license to use Service Trip Data for the sole purpose of receiving Services from Operators.
(e). Customer shall not use the Platform to upload, transmit, display, or distribute any Content that: (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of anotherâ€™s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature. Buslane reserves the right to review and investigate Customerâ€™s Content and take appropriate actions against Customer in Buslaneâ€™s sole discretion, including removing or modifying Content, terminating Customerâ€™s Account, and/or reporting Customer to law enforcement authorities. However, Buslane has no obligation to monitor, modify, or remove any Content.
8. Intellectual Property and Confidentiality.
(a). Buslane owns and retains ownership in the Platform and all intellectual property therein, including all related trademarks, service marks, trade names, logos, domain names, taglines and trade dress. Subject to the terms of this Agreement, Buslane grants Customer a limited, non-transferable, non-exclusive, revocable license to use the Platform for its intended purpose, solely to receive Services from Operators during the Term. The rights granted to Customer are subject to the following restrictions: (i) Customer shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (ii) Customer shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform; (iii) Customer shall not access the Platform for the purpose of building a similar or competitive service; and (iv) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
(b). During the Term, Customer may obtain knowledge of proprietary and non-public information belonging to, or possessed or used by, Buslane (â€œConfidential Informationâ€). This Confidential Information includes, but is not limited to, proprietary plans, materials, business strategies, pricing, and similar information relating to the Platform and Buslaneâ€™s business. Customer shall not, at any time during the Term or thereafter, directly or indirectly reveal, furnish, or make known to any third party or use for Customerâ€™s benefit or the benefit of others, any Confidential Information, except as permitted hereunder. Confidential Information shall not include information that: (i) is generally known to the public at the time of disclosure or becomes generally known through no wrongful act on the part of Customer; (ii) becomes known to Customer through disclosure by third parties having the legal right to disclose such Confidential Information; (iii) has been independently developed by Customer without reference to or use of the Confidential Information; or (iv) is required to be disclosed by Customer to comply with any applicable Laws or court orders; provided, however, that Customer shall provide prior written notice of such disclosure to Buslane so that Buslane may have time to reasonably contest such disclosure and may take reasonable and lawful actions to avoid and/or minimize the extent of such disclosure.
9. Prohibited Activities. Customer shall not to use the Platform to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather, or assemble information or data regarding Operators or other Customers, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Platform, or other computer systems or networks connected to or used together with the Platform, through password mining or other means; (vi) harass or interfere with Operatorsâ€™ or other Customersâ€™ use and enjoyment of the Platform; or (vii) introduce software or automated agents or scripts to the Platform so as to produce multiple accounts; generate automated searches, requests, and queries; or to strip, scrape, or mine data from the Platform.
10. Third Party Sites. The Platform may, or may in the future, contain links to third-party websites, services, and advertisements (collectively, â€œThird-Party Sitesâ€). Such Third-Party Sites are not under the control of Buslane and Buslane is not responsible or liable for any Third-Party Sites. Buslane does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. Customer shall use all Third-Party Sites at its own risk.
11. Location Information. Any location data provided by the Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property damage, or other loss. Neither Buslane, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Platform, whether provided by Buslane, third-party content providers, or Operators. Geolocational data uploaded or provided by Customer on the Platform may be accessible to Operators and/or other Platform users. Customer assumes any and all risks of providing such data on the Platform.
12. Dispute Resolution. In the event of a dispute arising out of this Agreement related to claims by or against Buslane, a partyâ€™s recourse shall be exclusively resolved through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act. The arbitration shall be conducted before one arbitrator from JAMS (www.jamsadr.com) located in Seattle, Washington (â€œJAMSâ€). Arbitration proceedings shall be conducted under the rules of JAMS. The decision of the arbitrator shall be binding and final and the award of the arbitrator may be entered as judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recovery of costs, expenses, and reasonable attorneysâ€™ fees as well as those incurred in any action for injunctive relief, or in the event further legal action is taken to enforce the award of the arbitrator. At any time, either party may apply to a court of competent jurisdiction in King County, Washington for injunctive or other equitable relief. In the event that either party is granted equitable relief, the party against whom judgment is entered shall be liable for all costs and expenses incurred by the prevailing party including, but not limited to, reasonable attorneysâ€™ fees. This paragraph shall not apply to enforcement of an award of arbitration.
13. Termination. This Agreement will remain in full force and effect with respect to Customer during the Term. Buslane may time terminate this Agreement with respect to Customer at any time in Buslaneâ€™s sole discretion, with or without cause. Without limiting the generality of the foregoing, Buslane may terminate this Agreement with respect to Customer if (i) Customer has breached any provision of this Agreement; (ii) Buslane is required to do so by Law; or (iii) Buslane has elected to discontinue the Platform. Upon termination of this Agreement with respect to Customer, Customerâ€™s Account and right to access and use the Platform (including all information and data on the Platform) will terminate immediately; and Customer shall be prohibited from receiving Services from Operators unless otherwise agreed by Buslane. All provisions of this Agreement that by their sense and context are intended to survive shall continue to apply after such termination.
14. Publicity and Feedback. Customer grants Buslane the right to identify Customer as a user of the Platform and to reproduce Customerâ€™s name and logo (if applicable) on the Platform and in any other marketing materials. If Customer provides Buslane with any feedback, suggestions, or other information or ideas regarding the Platform (â€œFeedbackâ€), Customer hereby assigns to Buslane all rights in the Feedback and agrees that Buslane has the right to use such Feedback and related information in any manner it deems appropriate.
15. General Provisions.
(a). Notices. Any notice required or permitted to be given hereunder shall be in writing and shall be deemed given on the date of delivery if delivered by courier or e-mail (or the next business day, if delivery occurs on a non-business day); or three (3) business days after mailing, if mailed first-class mail, postage prepaid, return receipt requested; or one (1) business day after delivery by the sender to a nationwide overnight delivery service charges prepaid, return receipt requested. Notices to Buslane shall be delivered to 8110 7th Ave S., Seattle, WA 98108 or [email protected]. Notices to Customer shall be delivered to the then-current mailing address or e-mail address provided by Customer for its Account.
(b). Successors and Assigns. Successors and assigns of Buslane shall be entitled to assume the liabilities and obligations, and succeed to the rights and interests, of Buslane under this Agreement at any time and without limitation. Neither this Agreement nor the Services to be received by Customer may be assigned, sold, or otherwise transferred by Customer, in full or in part, without the prior written consent of Buslane, in its sole discretion.
(c). Governing Law. This Agreement shall be governed by and construed in accordance with the Laws of the State of Washington without giving effect to principles regarding conflict of Laws.
(d). Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any other written or oral negotiations, agreements, understandings, representations, or practices concerning such subject matter.
(e). Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction or interpretation of the Agreement.
(f). Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to either party upon any breach or default of the other party hereto shall impair any such right, power, or remedy of such non-defaulting party, nor shall it be construed to be a waiver of any such breach or default or an acquiescence therein, or of any similar breach or default thereafter occurring. A waiver of a breach or default by a party shall not be deemed to be a waiver of any other breach or default.
(g). Rules of Construction. Each party acknowledges that it has been represented by, or had an opportunity to consult with, competent counsel regarding this Agreement and therefore waives the application of any Law, regulation, holding, or rule of construction providing that ambiguities in an agreement will be construed against the party drafting such agreement.
(h). Severability. In the event any provision herein should be held unenforceable by an arbitrator or court, such arbitrator or court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by Law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
(i). Amendments. This Agreement is subject to revision from time to time by Buslane. In the event any material changes are made to this Agreement, as determined by Buslane in its reasonable discretion, Buslane will notify Customer by e-mail, or other means of communication. Continued use of the Platform following notice of such changes shall confirm Customerâ€™s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
1. On-Time Performance. If an Operator is late in arriving for a Service trip for Customer, Customer shall be entitled to the following refund from the Operator:
- 5 to 15 minutes late = $100.00
- 16 to 45 minutes late = $250.00
- 46 to 89 minutes late = 50% of the Prorated Charter Amount (as defined below)
- 90 minutes or more = 100% of the Prorated Charter Amount
2. Mechanical Failures & Delays. If an Operator is delayed in delivering passengers to destination per agreed to schedule due to mechanical issues for a Service trip for Customer, Customer shall be entitled to the following refund from the Operator:
- 15 to 30 minutes late = $100.00
- 31 to 60 minutes late = $250.00
- 61 to 120 minutes late = 50% of the Prorated Charter Amount
- 121 minutes or more = 100% of the Prorated Charter Amount
In the event that Paragraph 1 and Paragraph 2 both apply to a Service trip, Operator shall pay the greater penalty under Paragraph 1 or Paragraph 2, as applicable.
3. Definition of Prorated Charter Amount. As used herein, â€œProrated Charter Amountâ€ means the portion of the total Charter Amount applicable to the specific vehicle(s) involved in a delay for the specific day(s) in which the delay occurs. Please see the following example for illustration purposes only:
Customer books two buses at $800.00 a piece to transfer a group from point A to point B. On the way to point B, one of the buses has a mechanical issue which delays the arrival of part of the group by 45 minutes. In this instance Customer would receive a $250.00 refund off the $800.00 price for the bus impacted by the mechanical failure.
Total price of charter: $800 per bus x 2 = $1,600.00
â€“ $250.00 refund
New total: $1,350.00
4. Deadline for Claims. Customer has three (3) days from the date of Operatorâ€™s completion of the Service (the â€œDispute Periodâ€) to file a refund request with Buslane pursuant to this Schedule A. Customer shall be deemed to have waived its rights to a refund pursuant to this Schedule A if a refund request is not filed with Buslane prior to the expiration of the Dispute Period.
Buslanereserves the right to charge for any extraordinary interior cleaning or repair work that may be required to return vehicles to their pre-trip interior condition. The following minimum fees shall apply:
- Smoking: $200.00
- Vomit Interior: $300.00
- Excess Cleaning Fee: $100.00 for the first two (2) hours; $75.00 per extra hour (e.g., major drink spills, upholstery cleaning, food, confetti clean-up, etc.).
- TV, VCR/DVD, Stereo, Speakers or Remote Control: Repair or replacement cost of item.
- Rips in Vinyl/ Leather or Upholstery Damage: Repair or replacement cost of item.
- Windows or Vehicle Body Damage: Repair or replacement cost of item.
If cleaning or repair work results in the vehicle being removed from service, Customer will be charged a minimum fee of $500.00 per day (in addition to the fees for cleaning and repair).
Additional Rules and Regulations
1. Prohibited Substances. Smoking, drugs, and illegal items are prohibited on all vehicles. Alcohol is prohibited unless prior arrangements are made with Operator and a $50.00 advance cleaning fee is paid.
2. Federal Regulations. The Department of Transportation, Bureau of Motor Carrier Safety, has adopted certain regulations for the protection and safety of both Customers and Drivers. Drivers are limited to:
- Fifteen (15) consecutive hours on duty in any one (1) day;
- Of the fifteen (15) hours, a maximum of ten (10) hours may be actual driving hours; and
- Upon reaching a destination and the Driverâ€™s total driving hours have been used, the Driver must have a minimum of eight (8) hours off duty before local service may be performed or to begin an extended period of driving.
3. Lost Items. Operator is not responsible for luggage or personal items left inside vehicles or underneath in the luggage bay.
4. Weapons. Weapons, whether concealed or unconcealed, are not allowed on vehicles at any time.
5. Luggage. Drivers are trained to handle and load luggage up to 50lbs. Anything over 50 lbs. is Customerâ€™s responsibility. Please pack accordingly.
6. Idling. Buslane takes great pride in protecting our environment and aims to avoid unnecessary idling at all times. Many states and large cities have anti-idling laws that do not allow motorcoaches to idle more than three (3) minutes. The motorcoaches are only designed to idle with enough time to adequately heat up or cool down the cabin for travel. They will not idle while groups are at track meets, sporting events, etc.
7. Adverse Weather Conditions. Cancellation Fees will be waived in the event of adverse weather conditions if the charter is rescheduled within one (1) year of original booking with the selected Operator. In the event the trip is cancelled due to adverse weather conditions after Operator has left the terminal, Customer will be assessed the miles Customer has traveled at Buslaneâ€™s current deadhead rate plus any other expenses incurred.