Terms and Conditions

---

WHEREAS, Company provides charter bus transportation to its clients on a quoted price basis, subject to adjustments for actual miles, fuel surcharge, idle time, parking, tolls, cleaning fees, and intentional damage to Company’s property on the terms described herein; and, WHEREAS, Client wishes to hire the Company as a third-party contractor to provide charter bus

transportation for its various groups, students, athletes, members, employees, staff, coaches, officers, family, and all others traveling with the Client.

I. PAYMENT TERMS

1. Client must tender payment in the form of cash, cashier’s check, check, e-check, credit card, debit card, or purchasing card. For all credit and debit card payments, a processing fee will be added to the total price.

2. A deposit equaling 25% of the Quoted Price is due at the time of confirming your reservation.

3. The balance of the Quoted Price is due sixty (60) days prior to the departure date.

4. Any returned check or e-check for non-sufficient funds (NSF) shall be charged a $50.00 NSF fee. Company will charge eighteen (18%) percent compounding interest of the total amount due daily until payment is made in full.

5. If the number of miles actually driven on the trip is greater than the mileage used to calculate the Quoted Price, the Company may charge, and Client shall pay an adjusted mileage fee of $7.00 for each mile traveled in excess of the mileage used to calculate the Quoted Price.

6. The Estimated Price is calculated in part based upon fuel prices as of the date of the contract. If fuel prices increase above the price used when determining the Quoted Price, Company shall have the right to charge the Client a fuel surcharge equal to the difference in fuel prices. (i.e. $4.59 to $4.99 = $.40 x number of miles driven.)

7. Adjustments to the Quoted Price made pursuant to Paragraphs 5 and 6 of this section will be invoiced to the Client upon the completion of the trip. Client shall tender payment to Company within five (5) business days of receipt of the final invoice.

II. CANCELLATION

1. CANCELLATION BY CLIENT

a. If Client chooses to cancel this contract, Client will be assessed the following cancellation fees: a. If Client cancels more than 21 calendar days prior to the Time of Departure, no cancellation fee will be assessed.

b. If Client cancels less than 21 days prior to but more than 18 days prior of the Time of Departure, a cancellation fee of 50% of quote per motor coach provided for in the contract shall be assessed.

c. If Client cancels less than 18 days prior to the date of Time the departure, a cancellation fee of 90% of the quote per motor coach provided for the contract shall be assessed.

d. If Client cancels trip that involves third party costs such as: admission tickets, meals, hotels, tour guides, and any other related expense associated with the trip, Company shall not refund the costs.

Further, Company shall charge for all labor on a time and material basis for the costs associated with preparing the trip. The labor charge shall not exceed $1,000.00 total. Client must communicate cancellation of this contract in writing by certified mail, facsimile transmission, electronic mail or text message. Such cancellation shall be effective as of the time of receipt by Company. Upon cancellation of the contract by Client, Company will remit all payments made by Client pursuant to this contract less the cancellation fee provided for herein, within seven business days of Company’s

receipt of Client notice of cancellation.

2. CANCELLATION BY COMPANY

If the Company is unable to provide services pursuant to the terms of this contract on the agreed upon reservation date(s) due to a driver shortage, bus breakdowns, or any other issue out of the Company’s control, the Company will only be liable for the return of Client’s payment made pursuant to this contract. In that event, company shall not responsible for any costs for a charter bus replacement. Upon cancellation of the contract by Company, Company shall return all payments made by Client pursuant to this contract within seven business days of Company’s cancellation of the contract.

III. POLICIES, PROCEDURES, AND RESPONSIBILITIES OF THE COMPANY AND CLIENT

1. On all overnight trips, Client shall provide the following for the Company’s driver, at Client’s sole cost, a hotel room, breakfast, lunch, and dinner at food stops made for or delivered to Client. If Client does not provide the meals, a per diem equal to $40.00 per day will be assessed on the final invoice.

2. For single day trips where the return trip will commence later than 3:00 PM, Client will provide, at client’s sole cost, a day room for the Company’s driver, lunch and dinner meals. If Client does not provide the meals, a per diem equal to $40.00 per day will be assessed on the final invoice.

3. There is absolutely NO smoking, vaping or any other type of discharge of smoke to be on the Charter Bus at any time.

4. There is absolutely NO alcohol permitted to be carried on, consumed or otherwise in the Charter Bus. If alcohol is found, spilled, or containers found, a cleaning fee of $500.00 will be assessed on the Client’s final invoice. Further, the passenger in possession of the alcohol will be removed from the Charter Bus and the Company will not be responsible for their travel to or from the drop off location.

5. There are to be NO glass containers of any type on the Charter Bus at any time. All drinks MUST have a sealable lid and stored on or near you. Drinks are not permitted to be stored in the overhead storage compartments.

6. There is absolutely NO GUM, POPCORN, OR ICE CREAM PERMITTED TO BE ON THE CHARTER BUS AT ANYTIME. CLEANING FEES WILL BE ASSESSED ON THE CLIENT’S FINAL INVOICE.

7. All trash must be placed in the trash cans in the rear or front of the bus. At the conclusion of the trip, Client will be provided with trash bags to pick up garbage before the driver departs.

8. There will be a minimum of $250.00 and up to a RECEIPT VALUE cleaning fee assessed against the Client for a bus returned in an unacceptable condition or by the expulsion of any bodily fluids.

9. The final itinerary provided at the time of this quote and contract is the final version and any changes therein shall be subject to additional cost to be determined by the Company.

10. The Company reserves the right to lease equipment from other companies in order to satisfy this agreement.

11. All personal items, medicine, and other valuables must be taken with the person when exiting the Charter Bus. The Company shall not be liable for personal items left on the Charter Bus.

12. The Company shall not be held liable for any loss of revenue, profits, performance or game time due to a mechanical failure or inclement weather.

13. The Company shall not be liable for failure of electronic equipment such as DVD player, TV’s, Wi-Fi, and outlets for charging electronic devices.

14. Company cannot guarantee the assignment of requested drivers or a specific Charter Bus.

15. Parking and/ or toll fees are the sole responsibility of the Client and will be charged to Client on final invoice.

IV. PARTIAL PERFORMANCE BY COMPANY NO LIABILITY FOR ECONOMIC LOSS

If Company has performed a portion of the contract but Company is unable to complete performance due to equipment breakdowns, acts of God, flood, fire, earthquake or explosion, war, invasion, terrorist threats or acts, riot or other civil unrest, government order or law, action by any governmental authority, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, epidemic, pandemic or emergency state, Company shall return the pro-rata share of the Quoted Price not performed under this contract. (For example, if the estimated contracted for mileage is 400 miles and Company is unable to complete 200 miles of the estimated contracted knowledge, Company shall return 50% of the Quoted Price)

IN NO EVENT, SHALL THE COMPANY BE LIABLE TO CLIENT FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

V. ARBITRATION

The parties hereby agree that any and all disputes that may arise regarding this contract shall be resolved by arbitration pursuant to and governed by the Revised Uniform Arbitration Act, West Virginia Code §55-10 et seq. The parties agree that a single arbitrator shall preside over the arbitration of disputes arising under this agreement. If the parties cannot agree upon an arbitrator, an arbitrator shall be appointed pursuant to West Virginia Code §53-10-13. The parties agree that they shall people share the costs of mediation. The parties further agree that the decision of the arbitrator shall be final subject to the rights of modification of an arbitration award and appeal as provided for in the Revised Uniform Arbitration Act.

VI. GOVERNING LAW

This contract shall be governed and interpreted under the laws of the State of West Virginia. This document contains the entire agreement between the parties and supersedes any prior understandings or agreements that may have existed between the parties.