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GENERAL TERMS AND CONDITIONS
1. PAYMENT
(a.) Final payment for charter and or tour service is due and payable at least thirty
(30) days in advance of the date of departure of the charter or tour (the
"Charter Date") or at time of booking depending on the size of
the order. Review your proposal for deposit information.
(b.) Due to time constraints customers can fax a copy of a check and this
will imply permission to deposit check via ACH. When making payment,
please indicate on your check or other mode of payment, the date of your
trip and your Charter or Tour Order Number to insure proper credit.
2.
CANCELLATION:
The Chartering Party must notify the Company of cancellations via phone,
US Mail or email. Original 10% deposit will be forfeited upon any and all
cancellations of charters or tours, regardless of date of cancellation.
Cancellations within thirty (30) days prior to departure forfeit 20% of
the cost of the trip. Service cancelled within fourteen (14) days of
departure are assessed a fee of no more than 50% of the cost of trip.
Service cancelled within seven (7) days of departure forfeits the full
amount of paid trip. Within twenty-four (24) hours of the arranged. If
balance is not paid within 15 days of the departure date a 4% late fee
will apply to the remaining balance. A Genesis Tours representative can only disengage a
charter. This must be confirmed in writing and signed by The Genesis Tours
representative. A change in date of motor coach service is a cancellation.
3. ADDITIONAL CHARGES: When, at the request of the Chartering
Party, any change in service resulting in an increase in miles or hours to
that specified on the charter service order furnished, an additional
charge shall be made for such additional service. Where alcohol is
involved, an alcohol deposit may be required. Alcohol and other security
deposits are subject to vary. Tolls, highway fees, parking fees, etc. will
be separate and additional elements in the determination of any additional
charges. The Company will notify the Chartering Party of any additional
charges that may be expected to be incurred at the time of the original
order. Any additional fees unforeseen prior to the departure of the
charter are the responsibility of the Chartering Party.
4. EXTENDED DAY TRIPS: The Chartering Party is responsible for
reserving and paying for a room for each driver. A detailed itinerary is
required for extended day trips at least two (2) weeks prior to departure
and the final itinerary must be received at least one (1) week prior to
departure. Itineraries are subject to review by a safety officer of the
service provider. Prices are subject to change based on the final
itinerary.
5. DRIVER HOURS: Federal Department of Transportation safety
regulations prohibit drivers to be on duty more than fifteen (15) hours
per day, ten (10) of which are for driving (including a thirty (30) minute
pre and post trip vehicle inspection). The driver must be given eight (8)
consecutive hours off before resuming duties.
6. DAMAGES TO BUSES: The cost of repairing damage to buses
resulting from acts of members of the Chartering Party shall be charged to
the Chartering Party and is payable as soon as such cost is determined.
7. ARRIVAL TIME: The time of arrival at starting point, stop-over
point, destination, or return to point of origin cannot be guaranteed.
Unusual road, traffic and weather conditions are beyond the control of the
Company and the service provider, and delays occasioned by same will not
be the responsibility of the Company or the service provider. Late
arrivals due to these and other occurrences out of the control of the
service provider are not grounds for cancellation of the charter.
8. EQUIPMENT: (1) Equipment furnished by the service provider is
thoroughly inspected before being assigned to the Genesis Tours LLC to insure
uninterrupted service. If for some reason beyond the control of the
Company a mechanical failure makes necessary the replacement of a bus
originally assigned to the charter service, the replacement bus may be of
a different type. VCR equipment is installed on some of the over the road
motor coaches. Request for VCR equipped coaches will be honored to the
best of our ability, but is not guaranteed. Only non-copyrighted
videocassettes are permitted. The following is important information from
a Summary Statement prepared by the Film Security Office of the Motion
Picture Association of America Inc. provided for your information: By law
the prerecorded video cassettes available in stores throughout the United
States are for HOME USE ONLY. The U.S. Copyright Act grants to the
copyright owner the EXCLUSIVE right among others, to perform the
copyrighted work publicly, (U.S. Code Title 17, Sections 101 and 106).
Even performances in semipublic places such as clubs, lodges, factories,
summer camps, and schools are public performances subject to copyright
control. Companies, organizations and individuals who wish to publicly
exhibit copyrighted motion pictures and audiovisual works MUST secure a
license to do so. THE COMPANY AND ITS SERVICE PROVIDERS DISCLAIM ANY AND
ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED VIDEOCASSETTES. This
requirement applies EQUALLY to profit making organizations and non-profit
institutions. Purchases of prerecorded videocassettes and videodiscs do
not change their obligations. In addition, public performance of videotape
recordings made from
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televised motion pictures is a
multiple copyright infringement. (2) Equipment size in not guaranteed and
is only an estimate based on information at time of booking. What is
guaranteed is that the vehicles provided will accommodate the number of
passengers specified in the reservation confirmation.
9. BAGGAGE: Neither the Company, nor the service provider, assumes
any responsibility whatsoever for any personal property. Baggage and all
other personal property will be handled only at passengers' own risk.
Passengers' baggage shall be carried subject to the available
accommodations (as determined solely by the service provider) provided by
interior and/or exterior racks. A fifteen percent (15%) luggage handling
charge may be applied to airport transfers.
10. OBJECTIONABLE PERSONS: The Company and its service providers
reserve the right to refuse to transport persons under the influence of
intoxicating liquor or drugs, or who are, or are likely to become,
objectionable to other persons or if the driver feels threatened in any
way.
11. CONDUCT OF PASSENGERS: Passengers shall not interfere with the
operator in the discharge of his/her duty or tamper with any apparatus or
appliance on the bus.
12. FIRE ARMS, EXPLOSIVES AND FIREWORKS: Possession of firearms,
explosives and fireworks (whether in baggage or on the person) are
strictly forbidden on the motor coach.
13. SKI-BOOT HOLDERS: Because or their irregular shape and hard
shape corners which represent an extraordinary safety hazard, ski-boot
holders may not be carried in baggage compartments beneath the bus.
Passengers shall refrain from wearing ski boots inside the vehicle.
14. UNUSUAL CLEANING: When the nature of the charter trip is such
that a greater than normal amount of time and material will be necessary
to clean bus properly upon its return to garage, the Company, at its
option, may require additional cost to cover such additional time and
materials.
15. LIMITATION OF LIABILITY: NEITHER THE COMPANY, NOR THE SERVICE
PROVIDER, SHALL BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH
OF THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER PARTY OR
ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT,
EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY OR SERVICE PROVIDER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY
AGREED THAT NEITHER THE COMPANY, NOR THE SERVICE PROVIDER, SHALL, UNDER
ANY CIRCUMSTANCES, BE LIABLE TO ANY PARTY FOR AN AMOUNT GREATER THAN THE
SINGLE BUS CHARTER FEE FOR THE DAY IN QUESTION.
16. FORCE MAJEURE: Neither party shall be liable for failure or
delay in performing obligations set forth in this agreement, and neither
party shall be deemed in breach of its obligations, if such failure or
delay is due to natural disasters, strike, lock-out, or other industrial
or transportation disturbances, law, regulation or ordinance, or any
causes reasonably beyond the control of such party.
17. PRICES SUBJECT TO CHANGE: All prices quoted in the confirmation
are subject to change under the circumstances described (a.) If the price
of diesel fuel increases by more than twenty percent (20%) between the
date of the confirmation and the date of the charter, the Company may
charge a fuel surcharge; (b.) If there is a change in the federal, state
or local laws or regulations or market conditions between the date of the
confirmation and the date of the charter that (i.) Require material
modifications be made to the motor coach chartered under the confirmation
prior to the date of the charter; (ii.) Cause the Company to incur
material additional or increased expenses in providing the charter
services; (c) If due to market conditions or order discrepancies the
estimated cost of the trip is higher than the initial estimate.
18. ENTIRE AGREEMENT: This Agreement constitutes the entire
agreement between the parties and supersedes any and all other agreements,
either oral or written with respect to the subject matter hereof.
19. NO ASSIGNMENT: The Chartering Party may not assign this
Agreement or any of their respective rights, interests, duties or
obligations hereunder without the prior written consent of the other
party. The Company may assign this Agreement and any of its rights,
interests, duties or obligations hereunder without the prior written
consent of the Chartering Party.
20. PROHIBITED ITEMS: The following items and activities are
prohibited without the written consent of the Company: (i.) Decorations;
(ii.) Alcoholic Beverages (a fee, per bus, may be required if alcoholic
beverages are allowed by the Company and the service provider); (iii.)
Smoking; (iv.) Glass containers; (v.) Golf shoes or other shoes with
spikes; (vi.) Fuel containers; (vii.) Generators. No tap beer is allowed
on any bus.
Disclaimer
Genesis Tours LLC acts only as agent for tour members in arranging tour
accommodations, transportation, sightseeing, admissions and restaurants. Genesis
Tours LLC is not responsible for any loss or damages of personal property, or for
injuries, expenses, or damages incurred or claimed by any tour member. Genesis
Tours LLC and/or their leaders, in anticipating bookings for any tour, clearly
stipulate that they are not liable for the faults or defaults of all companies
and persons that may be used in carrying out the tour services. Also for
accidents, baggage losses, strikes, political unrest, riots and acts of God and
war. In the event that it becomes necessary or advisable to alter the itinerary
or arrangements, such alterations may be made without penalty to Genesis Tours
LLC.
Additional expenses, if any, shall be borne by the passengers. Genesis Tours
reserves the right to cancel any tour for conditions beyond our control,
including insufficient participation. Genesis Tours LLC reserves the right to
terminate the participation of any person whom Genesis Tours LLC management
considers to be objectionable and who disrupts in any way the relaxed atmosphere
of our tours. Our objectives are to ensure the compatibility and congeniality of
all passengers and the smooth and efficient operation of the tour.
Changes in Events or Attractions: If a change is made in events or attractions
as stated in the itinerary, a similar or better event or attraction may be
substituted. Occasionally an attraction will be changed for the sole purpose of
improving the tour.
v.2005.08.07
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