Charter Terms & Conditions
CHARTER / VEHICLE AGREEMENT / TERMS & CONDITIONS
It is no surprise that we are all feeling the effects of the surge in energy costs, which in turn has a ripple effect in operational expenses. In over 114 years of business, to be fair and just to our customers, Fullington has resisted implementing surcharges of any kind. However, due to the critical nature of our economy, we are unable to absorb these increased operational costs without putting at risk the quality of our equipment or the services we provide.
That said, we are currently implementing a energy surcharge on all Fullington charters to cover the increase in fuel, oil, tire and other petroleum based product costs we have experienced. The surcharge is an additional charge separate from the vehicle price.
Deposit & Cancellation Policy:
- A 10% deposit made within 14 days of booking is required for charters unless alternate terms have been established.
- Cancellations made less than 14 days prior to departure forfeit deposit.
- Cancellations made less than less than 7 days forfeit 25% of the total charter rate.
- Cancellations made less than less than 48 hours forfeit 50% of the total charter rate.
- Cancellations made on-site forfeit full value of the charter.
Alcohol: Trips, which include the use of alcoholic beverages in the passenger area of the vehicle, must be approved prior to departure and are subject to additional service charges and/or deposits as outlined in the confirmation. Under no circumstance will alcohol be provided or furnished by Fullington Trailways. All individuals consuming alcohol must be age 21 or older. Fullington’s drivers reserve the right to intervene if issues arise due to alcohol consumption and, if safety is compromised, may contact local authorities to have the passenger(s) removed from the vehicle.
The Department of Transportation Bureau of Motor Carrier Safety has adopted certain regulations for the protection and safety of the charter customer and driver. Drivers are limited to: (1) 15 consecutive hours on duty in any one day (including 1/2 hour of driver pre and post trip preparation; (2) of this 15 hours, a maximum of 10 hours may be actual driving hours; (3) if upon reaching a destination and the driver's total hours of service or drive hours have been used up, the driver must have a minimum of nine 9 hours (preferably ten 10 hours) off before local service may be performed or to begin an extended period of driving. Drivers must comply with the charter orders and no deviations are permitted without office approval. Should your tour plans include excessive driving or on-duty time we can, with adequate notice, provide additional drivers so that your charter trip may be conducted as scheduled. Carrier reserves the right to charge for any/all additional services not contracted for prior to departure. Fuel costs are based on current prices. Additional significant increases in mileage and/or hours of service requested by the customer during a trip (over and above the trip itinerary) will be billed at the end of the trip. All minimum pricing is based on a maximum 12-hour trip; additional hourly charges will apply.
Amenities: on the coach such as radio, DVD player, PA system, and restroom, are provided as a service to our customer. Should specific amenity be unavailable or inoperable, Fullington Trailways will not be liable for its availability or performance. The group may bring video's that are P.G. or G rated.
Liability: Fullington Trailways will make every effort to maintain the travel schedule you have requested. However, we will not knowingly violate the laws and are are not responsible for any delays including, but not limited to, delays caused by acts of nature, authority of law, accidents, breakdowns, road conditions or work stoppage and we cannot guarantee any arrival or departure time. Fullington Trailways is not responsible for any items left, lost or damaged on the vehicle including, but not limited to, luggage, clothing, jewelry, cash, electronic devices, packages, etc.
Seating, Safety and Supervision: are top priority to both you and Fullington. We ask that all passengers remain seated at all times. The total number of passengers cannot exceed seating capacity of the coach. Charter groups must provide adequate supervision and discipline and are responsible for the conduct of the travelers. For your SAFETY your drivers must devote their full attention to driving. Safety regulations require that the center aisle of the coach be kept clear at all times. Beverage/food coolers should be stored in the rear of the coach or in the luggage bays. Glass containers are prohibited.
Equipment: The performance described in the confirmation is subject to our providing the equipment and service. In case of mechanical problems or causes of the equipment not being available, the carrier reserves the right to substitute equipment to perform the service with no additional cost to the charter party.
Itineraries: Detailed itineraries are necessary and should list all stops with adequate addresses, directions and times. Charter/Tour itineraries must be in writing to our office at least fourteen (14) days prior to departure. Failure to do so may result in a rate increase or possible cancellation of your trip.
Passenger Manifests: An accurate list of all passengers who will be on the bus is necessary and required by our insurance carrier. If you are unable to provide this list due to privacy concerns, please provide your transportation coordinator with a total passenger count. Charter/Tour manifests must be in writing to our office at least fourteen (14) days prior to departure. Failure to do so may result in a rate increase or possible cancellation of your trip.
Cleanliness: is both the responsibility of the customer and the driver. Drivers will make every effort to have the vehicle cleaned and washrooms serviced on extended trips. This will be done, if possible, at a time, which will not interfere with the charter/tour plans. Excessive vehicle cleaning charges may be billed to the customer.
Smoking: The company policy prohibits smoking, vaping or the use of any tobacco products on the coach at any time. Rest stops are normally made every few hours to allow for passenger comfort and convenience, including smoking. Please let the company know if you wish to have rest stops for smokers and how frequently such stops should be scheduled.
Damage to the vehicle: The cost of any/all damages to the vehicle caused by the charter party will be charged to the charter party by the carrier. This will be in addition to service charges, where applicable.
Final Payments: are to be received in our office at least fourteen (14) days prior to the scheduled departure date (unless other terms have been pre-approved by management.) Trips not prepaid within this time frame are subject to cancellation. Credit card transactions are subject to a surcharge fee.
Rates: Rates quoted are based on information provided by the client. Any additional stops, route changes or extended hours will be billed directly to the client upon completion of the trip. All costs incurred in recovery of any charges unpaid in full will be by the contracting party, these charges may include legal and collection fees.
Special Needs & Accommodations: Fullington grants equal access to its programs and services to all citizens. Should a specialty vehicle with ADA accessibility be requested, the charter party agrees to notify Fullington as early as possible and complete the required paperwork. Please note the seating capacity of the vehicle will change based on requests.
Driver/Vehicle Requests: Fullington will make every effort to meet customer requests for specific drivers and/or vehicles, however, we cannot guarantee the assignment of requested drivers or vehicles.
Communication/Coordination: The charter party signing below is responsible for all communication to Fullington. A Point of Contact for the actual contracted movement day should be provided 14 days prior to trip departure. Should any changes be necessary during the service provided, only the point of contact or charter party may coordinate and approve changes with the driver and Fullington Dispatch. Any changes requiring additional mileage or time will be invoiced after completion of the trip.
Gratuities: Suggested tipping for the driver is $2 per day per passenger. Gratuities are greatly appreciated and our drivers strive to provide the highest level of service to our passengers.
COVID-19 WAIVER OF LIABILITY
In most jurisdictions across the United States, courts will enforce liability waivers that insulate a party from liability arising out of that party's negligent conduct. The only states that have so far refused to enforce a liability waiver clause in a contract are Connecticut, Montana and Virginia.
To be enforceable, liability waivers should specify that the customer acknowledges the risk assumed in using the service, as well as, the rights they intend to waive.
WAIVER of LIABILITY - The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and possibly by contact with contaminated surfaces and objects or in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.
Fullington Trailways cannot prevent you (or your guests) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Fullington Trailways services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Fullington Trailways services and/or enter onto Fullington Trailways premises, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK - I have read and understand the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my guests in order to utilize Fullington Trailways services and/or enter Fullington Trailways premises. These services are of such value to me (and/or my guests) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Fullington Trailways services and premises in person.
WAIVER OF LAWSUIT/LIABILITY - I hereby forever release and waive my right to bring suit against Fullington Trailways and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Fullington Trailways services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to, claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.