Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Chancer, LLC / DBA Timi’s Tours Transportation (henceforth “Timi’s Tours Transportation”) hereby agrees to provide motorcoach charter transportation services subject to the following conditions and terms.
SECTION 1: SCOPE OF AGREEMENT
This proposal is for the purpose of establishing a contract between and Timi’s Tours Transportation to provide Charter Bus Service for all passenger transportation needs during the outlined Tour Dates.
SECTION 2: DEFINITIONS
The following terms have the meanings set forth below wherever used in this Agreement:
"Company" means Chancer, LLC / DBA Timi's Tours Transportation, its employees, agents, and any subcontracted carriers engaged under Section 5 (Carrier / Sub Contracting).
"Client" means the individual or entity identified as , including its officers, employees, agents, and any passengers traveling as part of its group, unless the context requires otherwise.
"Charter" means the motorcoach transportation services provided by the Company to the Client under this Agreement, as described in the applicable itinerary.
"Tour Dates" means the specific date or dates on which the Charter is scheduled to be provided, as confirmed at booking and reflected in the Charter Master File.
"Base Fare" means the total charge for the Charter as confirmed at booking, exclusive of tolls, parking, permits, gratuities, fuel surcharges, damage or incidental fees, and any other additional items or surcharges billed separately under this Agreement.
"Charter Master File" means the Company's internal booking record reflecting the vehicle class, specifications, pricing, and other charter details confirmed at booking, as referenced in Section 3 (Equipment).
SECTION 3: EQUIPMENT
Company agrees to provide the vehicle class requested, or similar class should the requested vehicle be unavailable for circumstances beyond the control of the Company. This includes but is not limited to: Mechanical Failure, Government Restrictions, Labor Shortages, or other unforeseen operational circumstances beyond the reasonable control of the Company.
The vehicle class, specifications, and other charter details confirmed at booking are recorded in the Company’s internal booking record (the “Charter Master File”), a copy of which will be made available to Client upon request. If a vehicle class other than the class listed in the Charter Master File is utilized, no additional fee will be charged; if a lower vehicle class is utilized and does not have materially similar features, Client will pay the lower fare. The company is not liable for loss of time, missed reservations, or other monetary loss due to mechanical failures, inclement weather, or other delays. Should a mechanical breakdown occur, the Company will be liable for finding suitable replacement transportation or repairs in a timely manner. Should Client decide to utilize alternate transportation without written authorization of compensation by Company, Client shall be responsible for costs incurred.
Except to the extent caused by the Company’s gross negligence or willful misconduct, or as otherwise prohibited by applicable law, Client agrees that The Company’s maximum liability under any circumstance is the cost of the charter.
SECTION 4: LOST ITEMS / THEFT
Items are frequently discovered after a charter completion, and during our cleaning process. Items left onboard will be tagged with the date found, and a description of the item. Items will then be placed in a Lost and Found for Thirty Days. After 30 days, the Company reserves the right to destroy, discard, sell, or otherwise dispose of any items. Lost item reports can be made at ChargerBack, if found, items can be picked up from the terminal location or shipped at the customers expense. Items left onboard or stored in storage compartments are considered “At Your Own Risk” and cannot be assured against damage, theft, or other peril. The individual signing this contract shall be responsible for notifying all passengers or other parties of this information.
SECTION 5: DAMAGE & INDEMNITY
The Client will be liable for any damage to the chartered vehicle or its contents that is caused by any passenger. Only Company Employees are permitted to open and close luggage bay doors & passenger entry doors, except in emergency situations.
The Client agrees to be responsible for any and all loss, cost, damage, and expenses caused by, or arising out of any incident, accident, or other occurrence reasonably determined to be the fault of The Client, or any member of The Client’s party, based on the available facts and circumstances. This includes intentional, unintentional, or negligent acts. Except to the extent arising from the Company’s gross negligence or willful misconduct, or as otherwise prohibited by applicable law, in no event shall The Company be liable for any indirect, special, incidental, consequential, exemplary, punitive or lost profit, lost revenues, or damages of any kind or nature arising out of this agreement.
SECTION 6: CARRIER / SUB CONTRACTING
Every effort will be made by The Company to utilize company owned equipment and drivers; however, circumstances occasionally warrant the use of leased, chartered, or otherwise acquired equipment from another carrier to fulfill this agreement. Any such subcontracted carrier operates as an independent contractor and not as an employee or agent of the Company. Prior to engagement, the Company will review and confirm that each subcontracted carrier maintains minimum required insurance coverage and has a satisfactory safety rating with the U.S. Department of Transportation (USDOT), if applicable.
SECTION 7: TOBACCO / E-CIGARETTE USE
Federal Law prohibits the use of cigarettes, electronic cigarettes, vaping devices, or other tobacco products onboard at any time. The Company further prohibits the use of smokeless tobacco products onboard at any time.
SECTION 8: ENTERTAINMENT DEVICES / CHARGING OUTLETS
Depending on the vehicle class chartered, the vehicle may be equipped with DVD, TV, USB Audio, WIFI, or other onboard systems. These systems are included in the vehicle as a complimentary service, and their reliability or existence is not guaranteed. The Client agrees to supply their own movies or music and assumes any copyright or licensing responsibility associated therewith. Vehicles may be equipped with 110V or USB Charging Ports. The Company makes no warranties or representations for the performance of charging outlets. Outlets are designed to charge consumer electronic devices, and shall not be used for household appliances including but not limited to: Kitchen Appliances (Slow-Cookers, Hot-Plates, Blenders, Etc.), Personal Care Appliances (Curling Irons, Blow-Dryers, Etc.), Use of such devices may damage onboard systems, any damage caused by the use of unauthorized appliances will be billed to the client under Section 4.
SECTION 9: SAFETY
The Client agrees to respect our professional motorcoach operator's decision regarding road conditions, equipment, and overall safety. Federal regulations allow motorcoach operators to be on duty a maximum of 15 hours per day, including a maximum of 10 hours of driving. Federal regulations further require operators to have a minimum of 8 hours uninterrupted off duty before coming back on duty. Drivers may require additional time to fuel and inspect their vehicles before returning to duty.
The Client agrees to wear their seatbelt at all times while the bus is in motion. The Client acknowledges that failure to wear a seatbelt may result in serious personal injury or death. Additionally, the Client agrees to refrain from unnecessary movement within the cabin area during the journey, including but not limited to standing, walking, or relocating seats, unless instructed to do so by the driver or authorized personnel. This is to ensure the safety and comfort of all passengers aboard the bus. It is the responsibility of the signing party to ensure all passengers are notified of this policy.
Seatbelt requirements vary by state, and some states require all occupants of a motorcoach to wear a seatbelt at all times while the vehicle is in motion. It is the Client's responsibility to know and adhere to the seatbelt requirements applicable in the states where the charter operates. All children must be properly restrained in an appropriate child safety restraint as required by applicable law. Company representatives are not trained to identify or determine the appropriate restraint for a child; that determination is the responsibility of the child's parent or legal guardian. Company drivers and representatives are prohibited from installing child safety restraints.
SECTION 10: WEAPONS
Except as set forth below, no passenger may carry, possess, or store a firearm, explosive device, knife other than a
small personal pocketknife, or other weapon onboard the vehicle or in any luggage or storage compartment. This
prohibition applies regardless of any concealed carry permit or similar license held by the passenger.
This Section does not apply to on-duty sworn law enforcement officers or active-duty military personnel acting in
their official capacity, provided such individuals are authorized under applicable law to carry the weapon in question
and notify the Company or driver of the same prior to boarding. The Company reserves the right to request
confirmation of official capacity and authorization.
Violation of this policy is grounds for immediate denial of boarding or removal under Section 10 (Passenger Conduct
and Removal). It is the responsibility of the individual signing this Agreement to notify all passengers of this policy
prior to travel.
SECTION 11: PASSENGER CONDUCT AND REMOVAL
The Company's motorcoach operator retains sole discretion to deny boarding to, or remove from the vehicle, any
individual whose conduct threatens the safety, health, or well-being of the driver, other passengers, or the vehicle
itself, or who otherwise violates this Agreement or applicable law. Grounds for denial of boarding or removal include, without limitation: (a) apparent intoxication or impairment by alcohol or a controlled substance; (b) possession of a weapon in violation of Section 9 (Weapons); (c) violent, threatening, abusive, or harassing behavior directed at the driver, Company personnel, or other passengers; (d) willful damage or attempted damage to the vehicle; (e) interference with the safe operation of the vehicle, including approaching the driver or the driver's compartment while the vehicle is in motion; or (f) any other conduct that the driver reasonably determines to pose a safety risk.
Where circumstances reasonably allow, the driver will provide a warning prior to removal. In cases involving an
immediate safety risk, no warning is required. A passenger removed under this Section will be left at the nearest
reasonably safe location, which may include a public location such as a rest stop, terminal, or roadside area, at the
Company's reasonable discretion, and the Company will notify local law enforcement or emergency services as
appropriate.
Removal or denial of boarding under this Section does not entitle the Client or the removed passenger to any refund, credit, or reduction of the charter fee, and the Client remains responsible for all costs, delays, or damages arising from the conduct giving rise to the removal. It is the responsibility of the individual signing this Agreement to notify all passengers of this policy prior to travel.
SECTION 12: PASSENGER CONDUCT AND REMOVAL
The Company does not permit unaccompanied minors (individuals under the age of 18 traveling without a parent,
legal guardian, or other responsible adult designated by a parent or legal guardian) to travel on chartered vehicles
unless the Client has disclosed this arrangement to the Company in advance and has arranged appropriate adult
chaperone supervision for the group.
It is the Client's sole responsibility to arrange for adequate adult supervision of any minors traveling as part of the
charter, in a ratio sufficient to ensure the minors' safety and supervision throughout the trip. Company drivers and
personnel are not responsible for supervising, disciplining, or providing care for minors and shall not be considered
chaperones. The Client agrees to indemnify the Company for any claims arising from inadequate adult supervision of minors during the charter
SECTION 13: DRIVERS AND EMPLOYEES
All drivers employed by or contracted by Chancer, LLC are professionally trained commercial motor vehicle operators. Each driver holds all licenses, certifications, and medical qualifications required by applicable local, state, and federal law, and is properly insured in accordance with regulatory and company requirements. Drivers are experienced in the operation of group transportation services.
Chancer, LLC maintains and retains all records necessary to verify and document driver qualifications, compliance, and eligibility, in accordance with applicable law and internal company policy. In recognition of employee privacy rights and applicable employment laws, driver personnel files and employment-related documentation are confidential and shall not be disclosed, shared, or made available to clients or third parties under any circumstances, except as required by law or lawful governmental authority.
All drivers are instructed to comply with customer requests and be flexible with changes such as time changes or extended driving time within Federal Safety limits, and operational constraints. Should have a driver that does not meet their expectations, advise our operations team, and that driver will be excluded from any further company work. If has a preference of drivers currently on our roster, we will do our best to schedule that driver for all requested charters. All drivers carry cell phones and must follow state and federal laws regarding the use of handheld communication devices while operating the vehicle. Drivers are monitored by camera to ensure compliance with the law and company policy. Timi’s Tours Transportation enforces a strict zero-tolerance drug and alcohol policy for drivers, who are regularly tested and selected from a random drug testing pool administered by a third party. Timi’s Tours Transportation has FMCSA Qualified Drug & Alcohol Supervisors on staff to observe drivers on a regular basis and submit them for testing if deemed appropriate.
SECTION 14: AUDIO / VIDEO RECORDING
For the safety and security of passengers, drivers, and Company personnel, all Company vehicles are equipped with audio and video recording devices covering both the interior and exterior of the vehicle. Recording will occur continuously throughout the charter. By boarding the vehicle, passengers acknowledge and consent to being recorded. Recordings are the property of the Company and may be reviewed and used for safety monitoring, incident investigation, driver training, quality assurance, law enforcement requests, and compliance purposes. It is the responsibility of the individual signing this Agreement to notify all passengers of this policy prior to travel.
SECTION 15: NIGHT DRIVING
Our Motorcoach Operators are required and allowed to take Night Driving Safety Breaks between the hours of 11:00 PM and 6:00 AM. The number of stops and their duration are at the driver’s discretion. This policy is enforced for the safety of all passengers, drivers, and the motoring public.
SECTION 16: ADA COMPLIANCE
The Client must advise the company upon booking, or as soon as possible, not less than 48 hours prior to departure of the need for a Lift Equipped Motorcoach. In accordance with the ADA, The Company will make all reasonable accommodations necessary. Our policy can be found at: https://timistransportation.com/equal-access-for-all
In accordance with the ADA, service animals that are individually trained to perform a task or do work for a person with a disability are permitted onboard at no additional charge and are not subject to any general pet policy of the Company. The Company may ask whether an animal is a service animal required because of a disability and what task the animal has been trained to perform, but will not require documentation or certification, or inquire into the nature of the individual's disability. A service animal may be excluded if it is out of control and its handler does not take effective action to control it, or if it poses a direct threat to the health or safety of others. Emotional support, comfort, or companion animals that are not trained to perform a specific task for a person with a disability do not qualify as service animals under this policy and are not permitted onboard except at the Company's sole discretion.
SECTION 17: LUGGAGE
Motorcoach operators are trained and expected to handle luggage up to 50 lbs. and 62 inches in total dimension. Any baggage out of weight or size specifications will not be handled by drivers or other employees and will be the responsibility of the client to safely load and secure. Please pack accordingly.
SECTION 18: IDLING
Timi's Tours Transportation enforces an internal idle management policy on all vehicles companywide. When ambient temperatures are between 32°F and 78°F, drivers are required to keep idle time under 20 minutes. Outside of this temperature range, below 32°F or above 78°F, idling restrictions are relaxed to ensure passenger and driver comfort and safety. Motorcoach interiors are designed to maintain safe and comfortable conditions within this temperature band.
In addition to our internal policy, certain jurisdictions impose local anti-idling laws that are stricter than our companywide standard. When operating in these areas, drivers are required to comply with the applicable local ordinance. Clients should be aware that passenger comfort may be affected in these locations.
SECTION 19: ADVERSE WEATHER CONDITIONS
Safety is paramount to our business. Should The Company determine that adverse weather conditions warrant the cancellation of a charter, The Company will hold the funds for future travel and honor the original rate for a period of one year from the original departure date. Should Client wish to cancel due to weather concerns, a credit will be issued for future travel and the original rate honored for a period of one year from the original departure date, provided that one of the following conditions is met: (1) an active government-issued weather advisory, warning, or emergency declaration has been issued for the departure location, destination, or route; or (2) The Company independently concurs that conditions are unsafe to operate. If neither condition is met, the cancellation will be subject to the standard schedule outlined in Section 20. In all cases, The Company reserves the right to make the final determination regarding safe operating conditions.
SECTION 20: DRIVER LODGING
The Client is responsible for booking and paying for driver lodging on all overnight charters. Clients must ensure each driver has a private room with a private restroom. Client shall be responsible to ensure the hotel has on-site parking for the motorcoach. The hotel must be within reasonable distance to the group lodging. If lodging is found to be unacceptable, The Company will make reasonable efforts to notify the Client prior to securing alternate lodging; however, in circumstances where Hours of Service regulations or driver safety are at risk, The Company reserves the right to secure reasonably prudent lodging without prior consultation with the Client. Any costs incurred will be billed to the Client.
SECTION 21: ITINERARIES / TOLLS / PARKING / PERMITS & CUAs
The Company must receive a written itinerary at least 30 days prior to your departure date including addresses, departure and arrival times, and a day-of contact with name and phone number who is traveling with the group. The Company is not responsible for failures of itineraries due to errors in planning or hours of service. Pricing is based on the itinerary and subject to change. Any changes to the submitted itinerary may result in revised pricing at current rates. Should a change to the itinerary result in the originally assigned driver being unable to complete the trip due to Hours of Service limitations or other regulatory requirements, the Client shall be responsible for all costs associated with driver lodging, additional drivers, or other accommodations necessary to fulfill the charter safely and in compliance with applicable law.
Parking and toll fees are the responsibility of the chartering party. If parking is not provided, the client will be responsible for the driver(s) taxi fees to and from the parking lot, including vehicle parking fees.
Permits and Commercial Use Authorizations for entry into National Parks or other permit-required areas are the responsibility of the Client to obtain and present upon access. Any costs or fines accrued due to failure to obtain these prior to the tour will be billed to the Client.
SECTION 22: OVER TIME AND ADDITIONAL DRIVER FEES
Charter pricing is based on the hours and mileage set forth in the confirmed itinerary. If the charter runs beyond the contracted hours due to Client delay, late passenger boarding, day-of itinerary changes, or other circumstances within the Client's control, the Client will be billed additional fees at the Company's then-current hourly overtime rate for each additional hour or portion thereof.
If extending the charter would cause the assigned driver to exceed Federal Hours of Service limits, the Company may, at its discretion and at the Client's expense, assign a relief driver, arrange additional driver lodging, or take other measures necessary to safely complete the charter in compliance with applicable law. All costs associated with such measures, including additional driver wages, lodging, and transportation, will be billed to the Client.
SECTION 23: FUEL SURCHARGE
A Fuel Surcharge will apply when the US EIA (US or PADD2) Diesel Fuel Price exceeds $4.999 per gallon. When in effect, the Fuel Surcharge is calculated as a cost-per-mile rate applied to the total miles operated for the charter, including both the originally contracted mileage and any excess mileage incurred. Please see www.timistransportation.com/fuel-surcharge for current per-mile rates. The Fuel Surcharge rate will be set using the most recent US EIA Weekly Update available one week prior to the departure date of the charter.
SECTION 24: PAYMENT
Full payment is due 45 days prior to departure. A late penalty of 2.5% simple interest per month will be assessed on any unpaid balance for services provided under the terms of this agreement. The Company reserves the right to cancel, terminate, or otherwise stop service at any time due to non-payment.
SECTION 25: TERMINATION FOR CAUSE
In addition to the Company's right to cancel, terminate, or suspend service for non-payment as set forth in Section 23 (Payment), either party may terminate this Agreement for cause upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within a reasonable time after receiving written notice describing the breach, where a cure is reasonably possible.
The Company may additionally terminate this Agreement immediately and without opportunity to cure where continued performance would require the Company or its drivers to violate applicable law or safety regulations, or where a passenger's conduct poses an immediate threat to safety as described in Section 10 (Passenger Conduct and Removal).
Termination under this Section does not relieve the Client of payment obligations for services already rendered or costs already incurred by the Company on the Client's behalf, and does not waive the Company's rights under Section 26 (Cancellations) where applicable.
SECTION 26: LEGAL ACTION
This agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any jurisdiction other than those of the State of Illinois. Any legal suit, action, or proceeding arising out of or relating to this agreement or the services provided shall be instituted exclusively in the state or federal courts located in Shelby County, Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The parties further agree to waive any objection they may have now or in the future to the venue of any action brought related to this Agreement in Shelby County, Illinois.
The Parties acknowledge that the right to trial by jury is a constitutional right, but that this right may be waived. The parties each knowingly, voluntarily, and without duress, inducement, or coercion, waive all right to a trial by jury of all disputes arising out of or in relation to this agreement or any other agreements between the parties executed in connection with this agreement. No party will be deemed to have relinquished the benefit of this jury trial waiver unless the relinquishment is in a written instrument signed by the party to which the relinquishment will be charged.
SECTION 27: CANCELLATIONS
Cancellations made 45 to 31 days prior to departure will be assessed a cancellation penalty equal to 25% of the total base fare (not including tolls, additional items, or surcharges).
Cancellations made 30 to 16 days prior to departure will be assessed a cancellation penalty equal to 50% of the total base fare (not including tolls, additional items, or surcharges).
Cancellations made 15 to 2 days prior to departure will be assessed a cancellation penalty equal to 75% of the total base fare (not including tolls, additional items, or surcharges).
Cancellations made 1 day or less prior to departure will be assessed a 100% penalty of the total base fare, plus any tolls, additional items, or surcharges actually incurred or contractually committed by the Company on Client’s behalf as of the time of cancellation.
At The Company’s sole discretion, credit may be issued for use within one year of initial departure date.
If a charter is intentionally booked utilizing a subcontracted carrier at the time of booking, the Client will be notified that the charter was booked utilizing a subcontractor, and the subcontracting partner’s cancellation policy shall govern in lieu of the above schedule.
SECTION 28: ALCOHOL
Alcoholic beverages are not allowed onboard without the explicit permission of The Company. If alcoholic beverages are requested to be allowed on board, there will be an additional nonrefundable $500.00 fee added to the cost of the charter for incidentals. Should alcoholic beverages be brought on without The Company’s knowledge and discovered, there will be a minimum $750.00 fee added to the cost of the charter.
SECTION 29: FORCE MAJEURE
Except as otherwise provided in Section 15, neither party shall be liable for any failure or delay in performance under this Agreement to the extent such failure or delay is caused by circumstances beyond that party’s reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergency, war, terrorism, civil unrest, labor strikes, or government order or restriction. The affected party will make reasonable efforts to notify the other party and to resume performance as soon as reasonably practicable. This Section does not excuse Client’s payment obligations for services already rendered.
SECTION 30: INSURANCE
The Company maintains commercial automobile liability insurance in amounts consistent with applicable federal and state motor carrier requirements and will provide a certificate of insurance to Client upon request. Client is responsible for obtaining any additional event, travel, or liability insurance it deems appropriate for its group, passengers, or event. A COI may be obtained here: COI Request
SECTION 31: NOTICES
Any notice required or permitted under this Agreement, including notice of cancellation or itinerary changes, must be provided in writing to the designated day-of contact and Company operations team identified under Section 17, and will be deemed effective upon acknowledgement from The Company.
SECTION 32: MISCELLANEOUS
This Agreement, together with any signed itinerary and Charter Master File, constitutes the entire agreement between the parties regarding the charter described herein and supersedes all prior or contemporaneous understandings, representations, or agreements, whether written or oral, relating to its subject matter. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it enforceable. Neither party may assign this Agreement without the prior written consent of the other party, except that Company may assign this Agreement to an affiliate or successor in connection with a merger, reorganization, or sale of assets. No waiver of any provision of this Agreement will be effective unless in writing and signed by the waiving party, and no such waiver will be construed as a waiver of any other provision or of the same provision on a future occasion.
SECTION 33: AUTHORIZED SIGNATORY
The individual executing this Agreement on behalf of represents and warrants that they are duly authorized to enter into binding agreements on behalf of their organization. Timi’s Tours Transportation is entitled to rely on this representation without independent verification.
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