BK
CHARTER CONTRACT ADDENDUM
These are the Terms
and conditions of the Contract under which BK Charter Inc. (BKC) agrees to
furnish designated service to the chartering party. Nothing printed or typed in
this entire contract can be changed except by a written agreement between BKC
and the chartering party.
1. Effective Time of Contract. Quotes
& Invoice/Contracts provided by B.K. Charter INC. are based on availability
of vehicle(s) and driver(s) from within our network at the time of provision of
such quote. Failure of Customer to sign and fax back Invoice/Contract promptly
can result in unavailability. Further, B.K. Charter INC. shall reserve the
right to decline provision of services in the event that a worthy operator
cannot be confirmed for Customer's service. Customer does not have a binding
commitment on the part of B.K. Charter INC. until (I) Customer's signature on
the Invoice/Contract and these terms and conditions is received by B.K. Charter
INC., and (ii) B.K. Charter INC. has received confirmation from the
transportation service provider that appropriate vehicle(s) and driver(s) are
available for Customer's event. Confirmation may occasionally require more than
one day.
2. Payment. Final payment
for charter service is due and payable at least thirty (30) days in advance of
the first date of service. In the case of bookings more than 30 days prior to
the Event, a 20% deposit should be paid upon confirmation of the service. If
Customer faxes a copy of a check, this will imply permission to deposit check
via ACH. When making payment, Customer should indicate on its check or
other mode of payment, the Invoice/Contract number to insure proper credit.
Credit card payments will be subject to a 4% transaction fee.
3. Standard of Care. Our service
providers are carefully selected. B.K. Charter INC. confirms that all
transportation service providers in its network are registered and insured and
have no unsatisfactory ratings with the Federal Motor Carrier Safety
Administration and the Better Business Bureau. Further, all drivers are
confirmed as safe drivers by our providers. Equipment furnished by the service
provider is inspected before being assigned to the charter service for
mechanical reliability. The vehicles provided will accommodate the number of
passengers specified in Customer's order.
4. Itinerary; Extended Day Trips.
Customer must provide B.K. Charter INC. with complete itinerary information no
later than seven (7) days prior to service. Failure to provide such information
may result in cancellation of your contract and forfeiture of ten percent (10%)
of the amount of the contract. Prices are subject to change based on the final
itinerary. The Customer is responsible for reserving and paying for a room for
each driver.
5. Changes; Additional and
Unforeseen Costs. Any change in service at the request of the Customer that
results in an increase in miles or hours over that of the contracted service
shall result in an additional charge. Customer agrees to sign trip sheet upon
the request of the driver for confirmation of service completion time. Tolls,
parking charges, driver accommodations in the event of an overnight trip, etc.,
will be the responsibility of the Customer unless otherwise stated. B.K. Charter
INC. will notify the Customer of any anticipated additional charges
that may be expected to be incurred at the time of the original order. Any
additional fees unforeseen prior to the departure of the charter are the
responsibility of the Customer. When the nature of the charter trip is such
that a greater than normal amount of time and material will be necessary to
clean the vehicle properly upon its return to garage, B.K. Charter INC., at its
option, may require additional cost to cover such additional time and materials.
6. Personal Items of Passengers.
Customer hereby acknowledges that neither B.K. Charter INC. nor the service
provider shall have any responsibility whatsoever for any personal property of
the passengers. Baggage and all other personal property will be handled only at
passengers' own risk. Passengers' baggage shall be carried subject to the
available accommodations (as determined solely by the service provider)
provided by interior and/or exterior racks. Personal items of passengers are
loaded and transported at the sole risk of the passengers.
7. Damage to Transportation Equipment.
Customer hereby agrees to assume responsibility for and to reimburse B.K. Charter
INC. for the costs associated with any damage to the transportation
equipment/vehicles supplied by or through B.K. Charter INC. caused by
passengers.
8. Objectionable
Persons.
B.K. Charter INC. and its service providers reserve the right to refuse to
transport persons under the influence of intoxicating liquor or drugs, or who
are, or are likely to become, objectionable to other persons or if the driver
feels threatened in any way.
9. Conduct
of Passengers. Passengers shall not interfere with the operator in
the discharge of his/her duty or tamper with any apparatus or appliance on the
vehicle.
10. Fire
Arms, Explosives And Fireworks. Possession of firearms, explosives
and fireworks (whether in baggage or on the person) are strictly forbidden on
any vehicle provided hereunder.
11. Corporate Authority. Customer
represents and warrants to B.K. Charter INC. that the undersigned signatory,
signing on behalf of Customer, has the authority to bind the Customer and that
these Terms and Conditions shall be a valid, legally binding obligation of
Customer.
12. Limitation of Liability. Customer agrees that B.K. Charter
INC. shall
not be liable to Customer for special, indirect, incidental or consequential
damages, and Customer hereby disclaims such damages to the full extent such may
be disclaimed, even if B.K. Charter INC. has been advised of the possibility of
such damages, except in the case of gross negligence or willful misconduct of
B.K. Charter INC.. In no event shall B.K. Charter INC. be liable for any refund
in excess of the price paid for the charter for any reason whatsoever.
13. Force
Majeure. The time of arrival at starting point, stop-over point,
destination, or return to point of origin cannot be guaranteed. Service
providers are carefully selected and have instructions to drive at all times at
a speed within the limits prescribed by law and compatible with safe operation.
Unusual road, traffic, and weather conditions are beyond the control of B.K. Charter
INC. and the service provider, and delays occasioned by same will not be the
responsibility of B.K. Charter INC. or the service provider. B.K. Charter INC.
shall not be liable to Customer for delay or non-performance resulting from
mechanical failure, road or weather conditions, labor difficulties, or any
other causes or circumstances beyond its control.
14. Cancellation Policy. Cancellations
must be received in writing by either fax or email. Customer shall receive a
full refund for cancellations made more than 30 days prior to date of service.
There shall be no refund, however, for cancellations made within 30 days prior
to date of service.
15. Prohibited
Items:
The following items and activities are prohibited without the written consent
of the Company: (i) Decorations; (ii) Alcoholic Beverages (a fee, per bus, may
be required if alcoholic beverages are allowed by B.K. Charter INC. and the
service provider); (iii) Smoking; (iv)Glass containers; (v.) Golf shoes or
other shoes with spikes; (vi) Fuel containers; (vii) Generators. No tap beer is
allowed on any vehicle; (viii) Ice cream or any dairy products; (ix) No food
any amusement parks are allowed.
16. ADA / SPAB NOTICE. Any
group that requires an ADA accessible or SPAB Certified bus
and driver is requested to inform B.K. Charter INC. in writing at the
time of the reservation.
17. AMENITIES: Ineffective
amenities, while rarely do occur. Should a specific amenity be unavailable or
inoperable, B.K. Charter INC. will not
be liable for its availability or performance
17. Copyright Notice. VCR equipment is
installed on some of the over the road motor coaches. Request for VCR equipped
coaches will be honored to the best of our ability, but is not guaranteed. Only
non-copyrighted videocassettes are permitted. The following is important
information from a Summary Statement prepared by the Film Security Office of
the Motion Picture Association of America Inc. provided for your information:
By law the
prerecorded video cassettes available in stores throughout the United States
are for HOME USE ONLY. The U.S. Copyright Act grants to the copyright owner the
EXCLUSIVE right among others, to perform the copyrighted work publicly (U.S.
Code Title 17, Sections 101 and 106). Even performances in semipublic places
such as clubs, lodges, factories, summer camps, and schools are public
performances subject to copyright control. Companies, organizations and
individuals who wish to publicly exhibit copyrighted motion pictures and
audiovisual works MUST secure a license to do so. B.K. CHARTER INC. AND ITS
SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED
VIDEOCASSETTES. This requirement applies EQUALLY to profit making organizations
and non-profit institutions. Purchases of prerecorded videocassettes and
videodiscs do not change their obligations. In addition, public performance of
videotape recordings made from televised motion pictures is a multiple
copyright infringement.
18. Miscellaneous.
A. Governing
Law. The rights and obligations of the parties hereto shall be interpreted,
construed, and enforced in accordance with the laws of the State of Maryland.
Customer irrevocably consents to the jurisdiction of the state and federal
courts of the State of Maryland and in any dispute arising out of these Terms
and Conditions agrees to waive the defense that such courts lack personal
jurisdiction over Customer.
B.
Counterparts; Facsimile. These Terms and Conditions may be executed in
separate counterparts, each of which shall be deemed an original and both of
which shall together constitute one and the same instrument. For the purposes of this Agreement,
facsimile signatures shall be treated as original signatures.
C.
No Trial by Jury. B.K. Charter INC. and Customer each agrees to waive
all rights to trial by jury in any claim, action, proceeding or counterclaim by
either party against the other on any matters arising out of or in any way
connected with the Event or these Terms and Conditions.
D.
Entire Agreement. These Terms and Conditions, together with B.K. Charter
INC.'s Invoice/Contract, constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersedes any other promises,
representations, or conditions in any other agreement, whether oral or written.
These Terms and Conditions may be modified or amended only in a written
instrument signed by both parties.
E.
No Assignment. The Customer may not assign this
Agreement or any of its respective rights, interests, duties or obligations
hereunder without the prior written consent of B.K. Charter INC.. B.K. Charter
INC. may assign this Agreement and any of its rights, interests, duties or
obligations hereunder without the prior written consent of the Customer.
Signature___________________________________________________________
Date_______________________