Terms and Conditions of Travel with STL Party Bus (Touchstone Transportation, LLC)
1. The remaining balance payment is required by Friday, the week prior to pick up if paying by credit card, or at the time of pick up if paying by cash. Payment is non-refundable in the event any breach results under the terms of this Contract. Chauffeur gratuity of 15% is included in the total.
2. A security deposit of one hundred dollars ($100) will be charged to the credit card of Client on file at the time the reservation is confirmed. At the time of full payment, the $100 deposit will be credited towards the balance of the total. There will be no refund of the deposit for any reservation cancellation. If there are any unsatisfactory conditions they will be documented and turned into the accounting department with a dollar value established. This amount will be deducted from the Client's credit card on file. Unless previously signed via DocuSign, the person's credit card that is used for the deposit or any payments MUST be present to sign the credit card receipt when the chauffeur arrives at the pickup location.
2a. Client is prohibited from reducing the number of hours or the size of the vehicle within thirty days of the reservation date. If the Client attempts to cancel the contract, after pick up has occurred, Company is authorized to charge the credit card of Client on file the remaining balance in full, plus a chauffeur gratuity of 20%
3. Company builds an estimated amount of fuel into all local reservations. Based on the destination information provided by the Client, out of town trips will incur an additional fuel charge.
4. All charges are computed from scheduled pick-up time or when you begin using the vehicle, whichever is first, until the drop-off is complete. Overtime will be permitted, upon vehicle availability. It is best to arrange possible additional time prior to your reservation. Overtime is billed by the hour and will be collected in cash
prior to any overtime occurring. Overtime rates will be equal to one and a half times (1-1/2) the stated hourly rate charge.
5. Company has the right to terminate service for any form of abuse, behavior deemed inappropriate, or Contract breach, without refund. In case of misconduct, drug use, or any other violation of this Contract by Client or members of Clients party, or if Chauffeur is or feels threatened or otherwise deems the party unruly or endangering the safe operation of the vehicle, Chauffeur has the right to terminate this Contract without any refunds and drop passengers off at the nearest safe location. This is meant for the safety of Company and Client. Company also reserves the right to expel any person from the vehicle for any reason mentioned above or any other misconduct.
6. Company inspects each vehicle before, during, and after each rental. In the event of damage to the vehicle, Client assumes full financial liability for any and all harm and damage caused by client or any members in client’s party during the service, and the cost of repairing such damage. This includes both interior and
exterior damage to repair, replace, and clean vehicle or any parts of vehicle. The cost of repairing, restoring, or otherwise remediating any damage to a vehicle caused by client may be charged to such client’s credit card on file or billed directly to such client, without prior notice. 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. All prices are charges per occurrence:
A. Smoking in vehicle, including cigarettes, e-cigs & cigars. – One hundred fifty dollars ($150.00) B. Ripped or damaged upholstery – Five Hundred Dollars ($500.00).
C. Liquid spilled on floors or damaged floors – Two Hundred Dollars ($200.00).
D. Vomit or any bodily fluid in or on the vehicle –Two Hundred Dollars ($200.00).
E. Excessive mess in the vehicle – Two Hundred Fifty Dollars ($250.00).
F. Breaking of lights – Two Hundred Fifty Dollars ($250.00).
G. Breaking air conditioner – Nine Hundred Fifty Dollars ($950.00)
H. Breaking of DVD player, CD player, IPod, radio or dance pole – Five Hundred Dollars per item ($500.00) I. Breaking of TV - Nine hundred Dollars ($900.00)
J. Broken or missing AUX cord - Twenty Dollars ($20.00) if supplied.
K. Opening of any Emergency Exit door or Emergency Exit window unless instructed to do so by the chauffeur. - Two hundred fifty dollars ($250.00)
7. Alcohol consumption by persons under the age of 21 is strictly prohibited in the vehicle. A parent or legal guardian MUST make all reservations for proms, homecomings, school dances or any birthdays under the age of 18. Privacy partition is to remain open to the Chauffeur if the passengers are under the age of 21, unless accompanied by an adult. Company reserves the right to check the identification of any passenger on the vehicle at any time and for any purpose whatsoever. Company reserves the right to refuse service to persons that appear to be under the influence of drugs and or unable to care for one’s self, or are objectionable to another passenger. No person may use any illegal narcotics or controlled substances in the vehicle, or smoke in the vehicle. In the event of underage alcohol consumption, illegal drug use, or smoking in the vehicle, the service will be terminated immediately and without refund. Pets of any kind are not allowed in the vehicle. All coolers must have lids that close securely, and any cooler drain plugs must remain closed at all times. Styrofoam coolers are not permitted on any vehicle. Client shall be responsible and shall pay for all fines and penalties assessed by state and/or local authorities as a result of the violation of any law by the client.
7a. Food Policy - Food is not permitted to be consumed on the vehicle without prior approval.
8. Drug use in the vehicle is prohibited by law. All contraband, firearms, and items considered “weapons” are strictly prohibited in the vehicle. Company reserves the right to inspect all belongings for alcohol and contraband.
9. Any fines that Company is charged due to the actions of Client will be charged to the credit card of Client on file. These include but are not limited to fines related to underage drinking, over capacity, jumping on top of the vehicle, and throwing trash/littering out of the vehicle. Client agrees to directly pay the chauffeur for any parking expenses and toll fees incurred during the transporting of Client.
10. Neither Company, its agents, nor employees shall be liable for any personal property of Client or members of Client’s party, which is misplaced, damaged, stolen, or left in the vehicle
11. Client consents to allow Company to use any and all photographs, video, and audio made or recorded during this Contract of Client and any members of Client’s party for any purpose Company chooses to,
including marketing and commercials of any type (internet, television, magazines, etc).
12. Except in the case of willful misconduct or gross negligence of Company, its agents or employees, Client hereby waives any & 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 chauffeur of vehicle. Injuries not immediately reported are treated as if they did not occur during the Contract.
13. All rentals are subject to weather condition. If conditions are deemed by Company, to be unsafe, Client will be contacted with as much notice as possible. Any cancellations due to weather will be eligible for a reschedule at the next available date, or for a refund of deposit. Company does not guarantee arrival at or departure from any point at a specific time due to circumstances beyond its control such as accidents, breakdowns, traffic and road conditions, storms, etc. and shall not be held liable for claims resulting in delays from such conditions. Company cannot be held responsible for delays or inconveniences due to unknown and/or unforeseen mechanical failures or situations deemed as “Acts of God.”
14. In the event of a vehicle breakdown, all efforts will be made to supply a replacement vehicle. 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. Company is not responsible to fulfill itineraries developed by Client, which indicate a time that Client expects to arrive at certain locations after the initial pick up time.
15. Company reserves the right to substitute the reserved vehicle for another replacement vehicle for any reason. Company will make a good-faith effort to notify Client in case a substitution does occur. Company will also make a good-faith effort to substitute with a similar type of vehicle. 16. Should Company incur any expense in collecting or attempting to collect from Client any sum provided for in this Agreement, Client agrees to be liable for the entire amount of such expense, including but not limited to attorney's fees, court costs, and collection agency fees.
16. Client agrees that all terms of this Contract and any disputes that may arise from this Contract shall be interpreted under the laws of the state of Missouri. 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 arbitration conducted in the State of Missouri, City of St. Louis. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA) by an arbitrator mutually agreed upon by Client and Company. Client and Company may litigate in court only to compel arbitration under this Contract or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator. The arbitrator’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 arbitration under this Contract shall be joined in an arbitration involving any other current or former user of Touchstone Transportation, LLC., whether through class arbitration proceedings or otherwise. If the arbitrator determines that one party prevailed in the arbitration process they will be entitled to compensation for attorney’s fees and costs from the other party.
17. The Terms constitute the entire Contract between each 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.
18. By checking the box below, I (Client) signify that I have read the terms and conditions of travel stated above in this Contract and agree to all stated terms and conditions. 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 signing this Contract of my own free will and accord. I (Client) authorize company to charge my credit card and agree to its terms.
