CHARTER SERVICE AGREEMENT
The contract is entered into between Dipert Travel & Transportation, Ltd. d.b.a. Dan Dipert Coaches, a Texas limited partnership, hereinafter referred to as “Lessor” and the leasing party has contracted on reverse side, hereinafter referred to as “Lessee” on the date stated and provides as follows:
For and in consideration of the sum stated on reverse side paid by Lessee to Lessor, Lessor agrees to provide chartered bus transportation as described in the schedule on the reverse side of this contract from the pick up points described in the schedule to the destination and back as stated therein. In the event credit is extended from Lessor to Lessee, Lessee agrees to pay promptly and according to the terms stated on the invoice or statement. In the event that payment is not received within the stated terms, the contracting party agrees to pay all necessary interest, penalties, and fees along with a finance charge of 1% per month on the unpaid balance. Further, if collection becomes necessary, the contracting party agrees to pay all costs of collection in addition to the above stated charges as well as the contracted price.
Lessee will pay a damage deposit if applicable stated on the reverse side. The deposit will be refunded within ten (10) days of the end of the trip minus any damage to Lessor’s equipment caused by any member of Lessee’s party, ordinary and standard cleanup costs excluded. Such damages shall include, but not be limited to broken windows or window seals; torn, cut or burned seat cushions, tables, carpeting or any such interior materials or equipment; damaging of cassette tape or compact disc players, VHS or DVD players, speakers, monitors, tapes or misuse of any such equipment to the extent that it would require repair or replacement, if same are provided; excessive uncleanliness such as would be caused by garbage left on the bus, vomiting or staining of any fiber, fabric, paint, or equipment inside and outside of the bus and fumigation and repair.
Baggage and all other property will be handled only at Lessor’s and passengers own risk and only in an amount that can conveniently be carried in the chartered bus. The Lessor accepts no responsibility for any items left on the vehicles whether attended or unattended. It is the responsibility of the Lessor or its agent to verify that all passengers are accounted for at any and all stops. Lessor shall carry property damage and liability insurance in amounts not less than required by the Interstate Commerce Commission for the transportation of the participants for the duration of the usage. Such insurance does not include coverage for theft, damage, loss or devaluation of personal property of Lessee’s participants resulting from the conduct not the fault of Lessor. Lessor shall not be liable to Lessee or to Lessee’s agents, contractors, employees, licensees, participants, or to any other person, for any damage to person or property caused by the act, conduct, omission or negligence of Lessee, its agents, contractors, employees, licensees or participants. Lessee agrees to indemnify, defend and hold Lessor, its officers, directors, agents, and employees, and each of them, harmless against any and all actions, causes of actions, claims, demands, liabilities, losses, damages, costs and expenses, of whatever kind and nature, including judgements, interest, attorney’s fees and court costs for the defense of such claims and demands, arising from any act, conduct, omission or negligence of Lessee, its agents, contractors, employees, licensees and/or participants during term of usage by Lessee of the chartered bus transportation. Conditions beyond the Lessor’s control, such as weather, conditions of roads, storms, unavoidable mechanical breakdowns, riots, or strikes, may prevent the normal adherence to the Charter Service Agreement. If these occur, they shall not be the basis for liability on the part of this carrier.
Lessor shall provide fuel and other consumptive materials necessary for the mechanical operation of the vehicle for the usage period, emergency maintenance or repairs that may be required to satisfactorily complete the trip and operators from a pool of adequately experienced individuals who are acceptable to the Lessor. The United States Department of Transportation (USDOT) limits the amount of time a driver can be onduty, after which he must have eight consecutive hours offduty. This contemplates that every driver who provides service will be in compliance with USDOT regulations. If you have questions about the USDOT regulations, please contact Lessor for a detailed explanation of the regulations. No operator shall drive for more than ten (10) hours or be on duty whether driving or not for more than fifteen (15) hours without eight (8) consecutive hours off duty. A second “relief” operator shall be required at additional cost to the Lessee if the Lessee desires continued transportation without adequate layover and resting period as required by USDOT regulations. If a relief driver is not contracted, the driver will be required to stop driving and get eight (8) consecutive hours of rest in order to comply with the regulations regardless of where the group is located. All vehicle operators shall have complete authority to enforce and interpret the common rules of conduct, safety and legality for the duration of the Lessee’s usage period, including the delay or termination of usage to any or all of the Lessee’s participants for excess or abuse of such rules or for any reasonable cause. Anyone properly ejected by an operator shall not be entitled to any refund of consideration paid by the ejected individual for the use of the transportation provided by Lessor. There is no smoking allowed on the coach at any time. Allowing food and beverage on board the coach is a privilege granted by the Lessor and may be rescinded at the discretion of the driver. No glass will be allowed onto the coach at any time. An adult, other than the operator, MUST remain on the bus if a minor under the age of 18 is present.
No additional service will be performed without the signature of the party responsible for authorizing payment of any additional charges that may be incurred. The signature and address must be clearly indicated on the driver’s copy. Lessee will be invoiced for additional charges and payment is due upon receipt of the invoice. Additional service can only be provided if the driver’s hours of service permit and at the advance agreement by the Lessor. Lessee shall have the right to alter its requested services of Lessor at any time subject to Lessor’s availability to meet the altered request with the understanding that Lessee shall pay for any and all costs incurred by Lessor in accommodating the Lessee’s altered request. A minimum of four (4) days notice is suggested for all change requests. Any changes are dependent upon the availability of equipment and are NOT guaranteed. At times, Lessor may dispatch a larger capacity vehicle than you requested. There will be no additional cost to you unless the number of passengers traveling exceeds the capacity of the vehicle requested.
Lessor shall not provide or be responsible for lodging or similar ground services, of the Lessee’s group. Operators require their own private lodging. Likewise, Lessor shall provide or be responsible for highway tolls, parking fees, state port entry fees, or any charge levied a leased vehicle by an outside entity as a result of the Lessee’s intended use or routing of said vehicle. Any such costs stated must be anticipated, designated and/or arranged for in advance and paid for in full by the Lessee at the time the balance of the consideration is due.
Lessor shall not provide cassette tapes, compact disc, VHS or DVD movies due to copyright laws. The Lessee, pursuant to the Copyright Laws of the United States and other applicable laws, including all International Copyright laws, Treaties and conventions, shall obtain from the owners, their agents or other licensor of the copyright and other intellectual property rights, all licenses and other grants and permissions necessary for the public performance of all music, other audio and visual materials presented or sponsored by Lessee on the leased vehicles, and shall make all required royalty, license and any other payments which may be required. To the extent, if any, that Lessor shall be required, to obtain any such licenses, grants and permissions and/or to make royalty, licenses or any other payments as a result, Lessee shall pay for or reimburse to Lessor the full costs, including taxes and administrative fees, if any of such payments. The cassette tape, compact disk, videotape and/or DVD players are optional equipment on the coaches and are offered for the use to our customers free of charge, The Lessor is not responsible for loss or damage to any tapes or disks that are played in the coaches.
Deposit Policy. In order to confirm this service and acknowledge acceptance of the charter service outlined, a one hundred dollar ($100) deposit, per coach, will be required. Failure to receive the deposit within ten (10) days will result in automatic cancellation of this charter service.
Balance Payment Policy. The full payment must be received in our office no later than fourteen (14) days from departure date. Failure to receive full payment by this date will result in automatic cancellation of service.
Cancellation Policy. Should Lessee find it necessary to cancel service seven (7) or more days from the departure date, no cancellation fee will be charged, and all monies will be returned as soon as possible. Should Lessee cancel service less than seven (7) days and more than fortyeight hours from the departure date, a $100 per motorcoach charge will be retained as a cancellation fee. Should Lessee cancel service less than fortyeight (48) hours from departure date, a $200 per motorcoach charge will be retained as a cancellation fee. Should Lessee cancel service once the motorcoach has left the service center, a minimum five (5) hour charge per bus will be assessed. Should Lessor cancel this contract, it shall refund all monies received by it to the Lessee.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY THE LESSOR TO THE LESSEE, EXCEPT AS CONTAINED HEREIN. The parties agree that no loss of Lessee and those in Lessee’s party shall in the aggregate exceed the full consideration of this contract except for a loss caused by Lessor and covered by Lessor’s insurance.
In the event that Lessor shall find it necessary to employ an attorney to enforce any covenant, term or condition of this contract, Lessee agrees to pay Lessor the reasonable attorney’s fees, expenses and costs related thereto, including, but not limited to, costs of court, thereby incurred by Lessor. The venue of any cause of action arising out of this contract is hereby set by the parties to be in a court of competent jurisdiction in Tarrant County, Texas, and this contract shall be performable in its entirety in Tarrant County, Texas. This contract shall be construed under the laws of the State of Texas.
THIS QUOTE IS GOOD FOR 15 DAYS FROM THE DATE OF ISSUE.
IT IS UNDERSTOOD AND AGREED THAT THE PERFORMANCE OF THE SERVICE DETAILED IN THIS ORDER IS SUBJECT TO TARIFF REGULATIONS AND IS CONTINGENT UPON THE CARRIER’S ABILITY TO FURNISH THE EQUIPMENT AND PERFORM THE SERVICE. YOUR SIGNATURE ON THE REVERSE CONFIRMS THAT ALL OF THE INFORMATION ON THE CHARTER SERVICE AGREEMENT IS CORRECT.