This Charter Bus Brokerage and Service Arrangement Agreement (“Agreement”) is entered into as of the date accepted by the client (“Effective Date”), by and between:
Charter My Bus LLC,a limited liability company, with a principal business address of 20561 NE 32nd Ct, Sammamish, WA 98074, United States (“Charter My Bus,” “Broker,” “we,” or “us”),
and
The Client, being the individual or entity identified in the applicable booking confirmation or invoice (“Client,” “you,” or “your”).
(Charter My Bus and Client may be referred to individually as a “Party” and collectively as the “Parties.”)
WHEREAS, Charter My Bus operates solely as a transportation broker and booking
intermediary and does not own, operate, dispatch, or control motor vehicles or drivers;
WHEREAS, Charter My Bus arranges charter transportation services on behalf of its clients by
contracting with independent, third-party, federally licensed motor carriers (“Motor Carriers” or
“Bus Companies”) that provide the actual transportation services
WHEREAS, Client acknowledges and agrees that Charter My Bus acts solely as a transportation broker and
does not operate or control motor vehicles or drivers, and that Client’s decision to proceed
with the booking is made with full knowledge of Charter My Bus’s broker role.
WHEREAS, Client desires to arrange charter bus transportation services for passengers and has requested that Charter My Bus identify,
arrange, and facilitate such services through a qualified Motor Carrier;
WHEREAS, Client understands and agrees that the Motor Carrier providing the transportation is solely responsible for the operation, safety, performance,
and conduct of the trip, including compliance with all applicable federal, state, and local laws and regulations;
WHEREAS, Charter My Bus acts exclusively as an agent and broker for the Client for purposes of arranging transportation and is not a party to
he transportation contract between Client and the Motor Carrier, except as an intermediary for booking and payment facilitation;
The Client, being the individual or entity identified in the applicable booking confirmation or invoice (“Client,” “you,” or “your”).
(Charter My Bus and Client may be referred to individually as a “Party” and collectively as the “Parties.”)
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the Parties agree as follows:
Broker Role; Nature of Relationship; No Transportation Services
Broker-Only Capacity. Client acknowledges and agrees that Charter My Bus LLC acts solely as a transportation broker and booking intermediary.
Charter My Bus is not a motor carrier, does not operate motor vehicles, does not employ drivers, and does not provide transportation services of any kind.
The Client, being the individual or entity identified in the applicable booking confirmation or invoice (“Client,” “you,” or “your”).
(Charter My Bus and Client may be referred to individually as a “Party” and collectively as the “Parties.”)
Independent Motor Carriers. All charter transportation services arranged through Charter My Bus are performed exclusively by independent, third-party motor carriers that maintain their own vehicles, drivers, insurance, operating authority, and regulatory compliance. These motor carriers are solely responsible for the operation, control, supervision, safety, and performance of the transportation services.
No Control Over Transportation Operations. Charter My Bus does not control, direct, or supervise the manner or means by which any Motor Carrier performs transportation services, including but not limited to routing, scheduling, driver conduct, vehicle condition, speed, safety decisions, rest periods, or compliance with hours-of-service rules.
Agency for Booking Purposes Only. Client appoints Charter My Bus as its limited agent solely for the purpose of arranging and facilitating a charter transportation agreement between Client and a Motor Carrier. Charter My Bus is authorized to transmit Client’s booking details, pricing acceptance, and service requirements to the Motor Carrier on Client’s behalf.
The Client, being the individual or entity identified in the applicable booking confirmation or invoice (“Client,” “you,” or “your”).
(Charter My Bus and Client may be referred to individually as a “Party” and collectively as the “Parties.”)
No Party to Transportation Contract. Any contract for transportation services is formed directly between Client and the Motor Carrier, whether written, electronic, oral, or implied by performance. Charter My Bus is not a party to such transportation contract, assumes no obligations under it, and shall not be deemed a carrier, co-carrier, joint venturer, or insurer under any circumstances.
Allocation of Responsibility and Risk. Client expressly understands and agrees that the Motor Carrier bears exclusive responsibility and liability for injuries, accidents, delays, property damage, service failures, regulatory violations, or any acts or omissions occurring during the trip. Charter My Bus shall not be liable for any claims arising from or related to the actual transportation services, except to the limited extent expressly stated in this Agreement.
Reservations, Booking Process, and Payment Terms
Reservation Requests. Charter transportation reservations may be requested by Client through Charter My Bus via electronic booking platforms, email, or telephone. A reservation request does not constitute acceptance or confirmation until Client receives written confirmation from Charter My Bus, which may be delivered electronically. Client acknowledges that Charter My Bus is not responsible for reservation requests or confirmations that are delayed, filtered, misdirected, or not received due to spam filters, incorrect contact information, or technical issues. It is Client’s responsibility to ensure receipt of written confirmation.
Reservation Confirmation. Upon confirmation, Charter My Bus will issue a written booking confirmation outlining the agreed service details, estimated itinerary, total price (“Reservation Rate”), and applicable payment schedule. The Reservation Rate includes the amount payable to the Motor Carrier for transportation services and a brokerage and administrative service fee retained by Charter My Bus. Client acknowledges that pricing offered through Charter My Bus may differ from prices offered directly by Motor Carriers and that Charter My Bus is under no obligation to disclose carrier-direct pricing.
Deposits and Final Payment. Unless otherwise stated in writing, reservations made fifteen (15) or more days prior to the scheduled service date require a deposit in an amount specified in the booking confirmation, and full payment of the Reservation Rate must be received no later than fifteen (15) days prior to the scheduled date of service. Charter My Bus reserves the right to cancel any reservation for failure to receive timely payment, without further obligation.
Payment Authorization. Client authorizes Charter My Bus to charge the credit card, debit card, bank account, or other approved payment method provided by Client for all amounts due under this Agreement, including deposits, final balances, additional charges passed through from the Motor Carrier, and applicable fees. If a payment attempt is declined or reversed, Charter My Bus may reattempt the charge, require alternative payment methods, or treat the reservation as canceled by Client.
Credit Card Fees. Where payment is made by credit card, Client acknowledges that applicable card processing fees may be deducted from any refund issued, where permitted by law.
Changes to Reservations. Any requested modification to a confirmed reservation is subject to availability of the requested services, approval by the Motor Carrier, and adjustment of the Reservation Rate, if applicable. All approved changes must be confirmed in writing. Charter My Bus does not guarantee that changes can be accommodated.
Cancellations and Refunds
Client-Initiated Cancellations. Client may cancel a confirmed reservation by providing written notice to Charter My Bus at info@chartermybus.com, and the effective date of cancellation shall be the date such notice is received by Charter My Bus. Cancellation refunds, if any, shall be determined strictly as follows: (a) if the cancellation is made fifteen (15) or more days prior to the scheduled service date, Client shall receive a full refund of all amounts paid, less any non-refundable credit card processing fees incurred at the time of payment; (b) if the cancellation is made within fourteen (14) days or fewer of the scheduled service date, including same-day cancellations, no refund shall be issued and Client shall remain responsible for payment of the full Reservation Rate, whether or not payment has already been made.
FOR PARTY BUS AND LIMO RENTALS - ALL bookings are non-refundable and full payment is required 30 days in advance.
Deemed Client Cancellations. A reservation shall be deemed canceled by Client, without refund, if Client or any passengers fail to appear at the designated pickup location within a reasonable time after the scheduled pickup, if Client provides an incorrect, unsafe, or inaccessible pickup or drop-off location that prevents performance of the transportation services, or if Client fails to comply with applicable payment deadlines or otherwise materially breaches this Agreement.
Broker-Initiated Cancellation. Charter My Bus reserves the right to cancel a reservation prior to the scheduled service date if, despite commercially reasonable efforts, it is unable to secure a Motor Carrier to perform the transportation services. In such an event, Charter My Bus shall refund all amounts paid by Client, and such refund shall constitute Client’s sole and exclusive remedy.
Motor Carrier Performance Issues. Client acknowledges and agrees that Charter My Bus does not perform transportation services and that any delays, breakdowns, service failures, accidents, or other operational issues are the sole responsibility of the Motor Carrier providing the service. Accordingly, no refunds shall be issued by Charter My Bus for issues arising during or in connection with the performance of transportation services, and Client’s sole recourse shall be against the Motor Carrier. Charter My Bus may, at its discretion, provide reasonable assistance in facilitating communication between Client and the Motor Carrier.
Once a reservation is confirmed, cancellations based on Charter My Bus’s broker status or the identity of the Motor Carrier are not permitted and shall be treated as client-initiated cancellations subject to the applicable cancellation policy.
Client’s acknowledgment of Charter My Bus’s role as a transportation broker shall not constitute grounds for cancellation, refund, or chargeback.
Non-Transferability. Cancellation credits, if any, are non-transferable and may not be applied to future bookings unless expressly agreed to in writing by Charter My Bus.
Rates, Payment Authorization, and Dispute Restrictions
Rate Variability Prior to Confirmation. All advertised or quoted rates are subject to change without notice and are not binding until a reservation is formally confirmed in writing by Charter My Bus. Charter My Bus reserves the right, in its sole discretion, to modify pricing at any time prior to confirmation.
Pricing Based on Client-Provided Information. The Reservation Rate is calculated based on the trip details and representations provided by Client at the time of booking. Client acknowledges that inaccurate, incomplete, or changed information may result in additional charges assessed by the Motor Carrier pursuant to the transportation contract formed between Client and the Motor Carrier, as further described in Section 5 of this Agreement.
Payment Authorization and Credit Card Fees. Client authorizes Charter My Bus to initiate charges to Client’s checking account, savings account, and/or credit card account provided at the time of reservation for all amounts due under this Agreement, including deposits, balances, pass-through charges, and adjustments for billing errors or additional charges.
Where payment is made by credit card, a non-refundable processing fee of three and one-half percent (3.5%) shall be added to each credit card transaction, except where a charge is initiated in error by Charter My Bus.
This payment authorization shall remain in effect unless and until Client provides written notice of revocation at least thirty (30) days in advance. Charter My Bus may, in its discretion, process multiple smaller transactions if a financial institution declines a single larger charge.
Declined Payments and Payment Method Restrictions. If any payment attempt is declined for any reason, Charter My Bus may immediately revoke Client’s ability to pay by credit card. In such event, all remaining balances shall be payable only by check or electronic wire transfer.
If Client refuses or fails to remit payment by the required alternative method, the reservation shall be deemed canceled by Client, and cancellation penalties shall apply in accordance with this Agreement. Nothing in this Section limits Client’s right to dispute fraudulent or unauthorized charges as permitted by applicable law.
Large Payment Requirements. Charter My Bus reserves the right to require, at its discretion, that any payment exceeding Five Thousand Dollars ($5,000) be made exclusively by check or electronic wire transfer. Failure or refusal to comply shall result in the reservation being deemed canceled by Client.
No Chargebacks or Fee Disputes. Client agrees not to dispute or challenge any fees or charges properly assessed under this Agreement, including but not limited to cancellation fees, waived claims, warranty disclaimers, dispute resolution provisions, or any risks expressly assumed by Client. If Client initiates a chargeback, payment dispute, or reversal in violation of this Agreement, Client shall be responsible for all bank, card network, or processor fees, reasonable attorneys’ fees and enforcement costs, court or arbitration expenses, and any additional damages suffered by Charter My Bus, including incidental and consequential damages.
Payment of Additional Charges. Client authorizes Charter My Bus to pay additional charges assessed by the Motor Carrier on Client’s behalf and to charge Client for the full amount of such additional charges and an administrative fee for processing and remittance, where applicable, as disclosed in writing or reflected in the invoice. Such charges may be billed after the completion of service.
Overtime. Overtime charges may apply if service extends beyond the scheduled time window. Overtime rates, availability, and approval are determined exclusively by the Motor Carrier. Charter My Bus does not guarantee overtime availability and is not responsible for the amount charged
Additional Charges Imposed by Motor Carriers. Client acknowledges that Motor Carriers may impose additional charges, including but not limited to.
- Overtime or extended service hours
- Driver lodging or meals
- Tolls, parking, permits, or venue access fees
- Additional mileage or route deviations
- Cleaning fees due to excessive mess, spills, or damage
- Damage to vehicles or equipment
- Delays caused by Client or passengers
All such charges are determined solely by the Motor Carrier under the transportation agreement between Client and the Motor Carrier.
Charter Transportation Services; Broker Role; Trip Conditions
Broker Status and Scope of Services. Client acknowledges and agrees that Charter My Bus LLC is not a motor carrier and does not provide transportation services of any kind. Charter My Bus operates solely as a booking intermediary and marketplace through which clients may reserve and pay for charter transportation services performed by independent, third-party motor carriers. Charter My Bus uses commercially reasonable efforts to work with motor carriers that maintain appropriate insurance, hold active operating authority with the Federal Motor Carrier Safety Administration, and are otherwise qualified to provide passenger transportation services. Notwithstanding the foregoing, Charter My Bus shall not be responsible for, and shall have no liability arising from, the acts or omissions of any motor carrier, including but not limited to errors, late arrivals, service quality, driver performance, violations of law, or any failure to perform transportation services.
Agency Authority and Transportation Contract Formation. Client authorizes Charter My Bus to act as Client’s limited agent for the sole purpose of arranging and facilitating an enforceable charter transportation agreement between Client and the motor carrier providing the service. Any such transportation agreement shall be binding upon Client to the same extent as if Client had entered into it directly. The transportation agreement may be written, electronic, oral, or implied by performance. Charter My Bus may execute such agreement as agent for Client, and Client shall be bound regardless of whether the agreement names Client, Charter My Bus as agent, or Charter My Bus alone. In no event shall Charter My Bus be deemed a party to the transportation agreement, nor shall Charter My Bus assume any obligations or liabilities arising thereunder.
Vehicle Representations and Images. Client acknowledges that photographs, descriptions, or other information regarding buses or vehicles displayed on Charter My Bus’s website or affiliated platforms are illustrative only and may not reflect the actual vehicle provided by the motor carrier.
No Guarantees of Vehicle Conditions or Amenities. Unless expressly stated in the written booking confirmation, Charter My Bus does not guarantee any specific vehicle make, model, year, appearance, or condition, nor the functionality of heating, ventilation, air conditioning, plumbing, or onboard restrooms. Charter My Bus further makes no guarantees regarding the availability or operation of amenities such as wheelchair lifts, Wi-Fi, entertainment systems, USB charging, power outlets, or similar features. Charter My Bus does not guarantee driver behavior, driver mobile phone usage, weather conditions, mechanical reliability, tire performance, accidents, or other transportation-related events. Client expressly waives any claims against Charter My Bus, any right to terminate this Agreement, and any right to a refund from Charter My Bus arising from or related to such conditions. At its discretion, Charter My Bus may provide limited assistance in facilitating communication with the motor carrier regarding such issues
Scheduling, Delays, and Operational Decisions. Client acknowledges that pickup and arrival times are estimates only and that the motor carrier may arrive later than scheduled or deliver passengers later than anticipated. Client waives any claims against Charter My Bus and any right to terminate this Agreement or receive a refund based on such delays. Client further acknowledges that road conditions, traffic, weather, vehicle limitations, or safety considerations may require buses to operate at reduced speeds. All decisions regarding speed, routing, rest stops, and other trip-related matters shall be made exclusively by the motor carrier in its sole discretion.
Certifications and Special Requirements. Unless expressly stated in the booking confirmation, Charter My Bus does not guarantee that vehicles or drivers will be SPAB-certified, school-certified, DOD-certified, or possess any special permits or certifications. Any cancellation based on the absence of such certifications shall be deemed a cancellation by Client and subject to the applicable cancellation policy
Seating and Additional Personnel. Client acknowledges and agrees that a reasonable number of seats may be occupied by additional drivers or support personnel as required by law, safety considerations, or operational necessity.
Seating and Additional Personnel. Client acknowledges and agrees that a reasonable number of seats may be occupied by additional drivers or support personnel as required by law, safety considerations, or operational necessity.
Personal Property. Charter My Bus shall not be responsible for lost, stolen, or damaged personal property. Any recovery or return of items shall be handled at the discretion of the motor carrier, and Charter My Bus reserves the right to charge a reasonable handling or administrative fee for coordinating the return of found items.
Warranties, Disclaimers, and Limitation of Liability
Mutual Authority and Enforceability. Each Party represents and warrants that it has full legal authority to enter into this Agreement and to perform its obligations hereunder, and that this Agreement constitutes a valid and binding obligation enforceable in accordance with its terms.
Disclaimer of Warranties. Except as expressly stated in this Agreement, Charter My Bus makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the charter transportation services, the vehicles, the drivers, or the Motor Carriers. Without limiting the foregoing, Charter My Bus expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, or any warranties arising from course of dealing or usage of trade. Client acknowledges that all transportation services are provided by Motor Carriers on an “as is” and “as available” basis, with all faults.
No Guarantees of Results. Charter My Bus does not warrant or guarantee that transportation services will meet Client’s expectations, achieve any particular outcome, adhere to a specific schedule, or be free from interruptions, delays, or errors. Client acknowledges that Charter My Bus does not control transportation operations and therefore cannot guarantee performance results.
Limitation of Liability. To the fullest extent permitted by law, Charter My Bus shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, business interruption, or loss of goodwill, arising out of or related to this Agreement or the transportation services, regardless of the theory of liability and whether Charter My Bus was advised of the possibility of such damages. To the extent Charter My Bus is found liable notwithstanding the foregoing, Charter My Bus’s total aggregate liability for any and all claims arising out of or related to this Agreement or the services shall not exceed the greater of the amount paid by Client to Charter My Bus in the twelve (12) months preceding the claim or Five Thousand Dollars ($5,000.00).
Essential Basis of the Bargain. Client acknowledges and agrees that the disclaimers, exclusions, and limitations of liability set forth in this Agreement reflect a reasonable allocation of risk between the Parties and form an essential basis of the bargain. Charter My Bus would not be able to provide brokerage services on a commercially reasonable basis without such limitations.
Force Majeure. Charter My Bus shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including but not limited to traffic conditions, mechanical failures, weather events, acts of government, labor disputes, natural disasters, public health emergencies, or failures of utilities or communications. Performance affected by such events shall be excused for the duration of the event.
Indemnification Client Indemnification Obligations. Client agrees to indemnify, defend, and hold harmless Charter My Bus LLC, its members, managers, officers, employees, agents, contractors, and affiliates from and against any and all third-party claims, demands, actions, damages, losses, liabilities, fines, penalties, and expenses of any kind, including reasonable attorneys’ fees and costs, arising out of or related to: (a) Client’s breach of this Agreement; (b) the acts or omissions of Client, passengers, or anyone acting on Client’s behalf; (c) Client’s violation of any applicable law, regulation, or rule; (d) Client’s failure to obtain required permissions or licenses under this Agreement; or (e) any transportation services performed by a Motor Carrier pursuant to a booking arranged by Charter My Bus, except to the extent caused by the gross negligence or willful misconduct of Charter My Bus.
Defense of Claims. Upon written notice of a claim subject to indemnification, Client shall promptly assume control of the defense using counsel reasonably acceptable to Charter My Bus. Charter My Bus may participate in the defense at its own expense and may approve any settlement that imposes obligations or liability on Charter My Bus.
Survival. Client’s indemnification obligations under this Section shall survive completion of the transportation services and termination or expiration of this Agreement.
Governing Law; Venue; Dispute Resolution
Governing Law. This Agreement and any dispute arising out of or relating to this Agreement or the services arranged hereunder shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-law principles.
Informal Resolution. Before initiating any formal legal proceeding, the Parties agree to make a good-faith effort to resolve any dispute through informal discussions. Either Party may provide written notice describing the dispute, and the Parties shall attempt to resolve the matter within a reasonable time.
Waiver of Jury Trial and Class Actions.To the fullest extent permitted by law, each Party waives any right to a trial by jury. Client further agrees that all disputes shall be brought solely on an individual basis and not as a class, collective, representative, or private attorney general action.
Venue if Arbitration Is Unenforceable. If any portion of this Section is found unenforceable or inapplicable to a particular dispute, the Parties agree that any judicial action shall be brought exclusively in the state or federal courts located within the State of Washington, and the Parties consent to personal jurisdiction and venue in such courts.
Limitation Period. Any claim arising out of or relating to this Agreement must be commenced within one (1) year after the claim accrues, or such claim shall be permanently barred, to the fullest extent permitted by law.
Educational Institution Exception. Notwithstanding anything to the contrary in this Section 9, where Client is a school, college, university, or other educational institution that requires disputes to be resolved in its home state, the Parties agree that arbitration shall take place in the state in which such Client is domiciled and that the substantive law of that state shall apply, provided that all other limitations, waivers, disclaimers, and liability protections set forth in this Agreement remain in full force and effect. Nothing herein shall be construed as a waiver of any sovereign immunity or statutory protections available to either Party under applicable law.
Non-Disparagement
Client agrees that, during the term of this Agreement and thereafter, Client shall not knowingly make or publish false statements of fact about Charter My Bus LLC, its services, or its representatives that are intended to harm, or would reasonably be expected to harm, the business reputation of Charter My Bus.
Nothing in this Section shall prohibit Client from providing truthful statements, participating in lawful investigations, complying with legal obligations, or exercising rights protected by applicable law.
In the event Client materially violates this Section, Charter My Bus may seek appropriate legal remedies available under law, including injunctive relief and recovery of reasonable attorneys’ fees where permitted.
Miscellaneous Provisions
Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, discussions, representations, or understandings, whether written or oral. No modification or amendment shall be binding unless made in writing and agreed to by Charter My Bus.
Waiver. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default. Any waiver must be in writing and signed by the Party against whom enforcement is sought.
Attorneys’ Fees. To the fullest extent permitted by law, Client agrees to reimburse and indemnify Charter My Bus for all reasonable attorneys’ fees, court costs, arbitration fees, and related expenses incurred by Charter My Bus in enforcing this Agreement or defending against any claim, chargeback, dispute, or action arising from Client’s breach of this Agreement, violation of its terms, or failure to comply with applicable payment, cancellation, or dispute resolution provisions. This obligation shall survive termination of the Agreement.
Assignment. Client may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Charter My Bus. Charter My Bus may assign this Agreement freely in connection with a merger, sale of assets, corporate restructuring, or similar transaction.
No Partnership or Joint Venture. Nothing in this Agreement shall be deemed to create any partnership, joint venture, employment, fiduciary, or franchisor-franchisee relationship between the Parties. Client acknowledges that Charter My Bus acts solely as an independent contractor and broker.
Notices.
All notices under this Agreement shall be in writing and shall be deemed given when delivered electronically or sent by a nationally recognized overnight courier.
Notices to Charter My Bus shall be sent to:
Address: Charter My Bus LLC, 20561 NE 32nd Ct, Sammamish, WA 98074, USA
Email: info@chartermybus.com
Notices to Client shall be sent to the contact information provided at the time of booking or reflected in the booking confirmation.
a) Electronic Communications and Signatures. Client consents to receive all communications, disclosures, confirmations, and notices electronically. This Agreement may be accepted electronically and executed in counterparts, each of which shall be deemed an original. Electronic acceptance or signature shall have the same legal effect as a handwritten signature.
b) Survival. Any provisions which by their nature should survive termination or completion of the services, including but not limited to payment obligations, limitation of liability, indemnification, dispute resolution, and governing law, shall survive.
c) 11.9 Headings. Section headings are for convenience only and shall not affect the interpretation of this Agreement.
IN WITNESS WHEREOF, the Parties have entered into this Charter Bus Brokerage and Service Arrangement Agreement as of the Effective Date. Client acknowledges that it has read, understood, and agrees to be bound by all terms and conditions of this Agreement. Acceptance of this Agreement may be evidenced by Client’s electronic acceptance, execution of this Agreement, confirmation of a booking, submission of payment, or participation in services arranged by Charter My Bus LLC, each of which shall constitute Client’s full and binding agreement to these terms.
Charter My Bus LLC
Address: 20561 NE 32nd Ct Sammamish, WA 98074 USA
Email: info@chartermybus.com