It's the responsibility of each and every customer to read and understand this agreement. By using your ticket, you agree to the following terms:
Please note that all ticket sales are final.
GENERAL PROVISION: The customer agrees and understands that BreakShuttle (a Wells + Associates company) organizes transportation, but does not own or operate any buses. By purchasing and using a ticket from BreakShuttle, the customer certifies that they understand that BreakShuttle is not a transportation operator and agrees to indemnify and hold harmless Wells + Associates for any damages, injury, death, or other harm caused by a third party bus transportation contractor.
1. Smoking Policy: All of the contractor vehicles are non-smoking. Client agrees that there will be no smoking in the contractor vehicle(s). If smoking does occur, client will be charged a $200 fee.
2. Lost and Found Policy: BreakShuttle, or its drivers, is not responsible for lost or stolen items. BreakShuttle will make all possible attempts to retrieve items.
3. Minors: If passengers are minors, the phone number(s) of one or more of the minors’ parents must be provided to the driver prior to the start of service.
4. Alcohol Policy: No alcohol is allowed at any time on any BreakShuttle bus.
5. No Misconduct/Drug Use: Client agrees that no illegal drugs will be consumed in the contractor vehicle(s). In case of misconduct or drug use by Client or their party, or if Driver is or feels threatened, Driver has the right to terminate transportation service and this agreement without any refunds and drop all passengers off at the nearest safe location. Client holds BreakShuttle harmless and not liable for any personal or material damages arising from the conduct of Client and/or their party.
6. Damages: Client is responsible for damages to the vehicle committed by Client or their party during service, either willfully or accidentally. Any actions that cause damage on the contractors vehicle(s) can result in an extra charge. If anything is lost or stolen from inside the vehicle, there is a $100 minimum replacement fee. If anyone gets sick and vomits in the vehicle, there is a $150 minimum clean up fee.
7. Delays: The customer understands that delays and mechanical breakdowns may occur without warning. The customer agrees to hold harmless BreakShuttle for any damages caused by delays. Additionally, the customer understands that the third party bus contractor and/or BreakShuttle are not responsible for refunds due to delays.
8. Waiver: If one party agrees to waive its right to enforce any term of this agreement, it does not waive its right to enforce such term or any or all other terms of this agreement at any other time. BreakShuttle 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. BreakShuttle cannot be held responsible for delays or inconveniences due to unknown and/or unforeseen mechanical failures or situations deemed as “Acts of God.” BreakShuttle reserves the right to substitute the contracted vehicle in the event of such an occurrence mentioned above. Client waives all claims for consequential damages and agrees that liability shall be limited to the costs accrued to BreakShuttle for the disputed service.
9. Indemnification: BreakShuttle and Client each agree to defend, indemnify, and hold harmless the other party from and against all claims, actions or causes of action, liabilities, including reasonable attorneys’ fees, and costs arising from the defense of any claim, action, cause of action or liabilities arising out of or resulting from any act taken or committed by BreakShuttle or Client pursuant to the performance of each party’s obligations hereunder. BreakShuttle and Client each agree to defend, indemnify, and hold harmless the other party for any claim, action, cause of action, and liabilities which may be asserted by third parties arising out of the performance of either party’s obligations pursuant to this contract, except for the willful misconduct or gross negligence of the other party.
10. Litigation: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforce-ability of any remaining provisions. All matters shall be litigated in the State of Delaware.
In the event any legal action is taken by either party against the other party to enforce any of the terms and conditions of this agreement, it is agreed that the unsuccessful party to such action shall pay to the prevailing party therein all our costs, reasonable attorneys’ fees, and expenses.
Regardless of the place of this agreement, the Client agrees that any disputes arising from this contract will be litigated or arbitrated in the State of Delaware. This Agreement is governed and construed in accordance with the laws of the State of Delaware.