MS COACH & TOURS TRANSPORT LLC.

SERVICE TERMS AND AGREEMENT ON OUR CHARTER SERVICES

 

This Service Terms and Agreement for Transportation Reservations (the “Agreement”) is by and between MS COACH & TOURS TRANSPORT LLC and you (either individually or on behalf of any entity whom you are representing) (“Client” or “you”).

This Agreement governs your procurement of bus or Coach Charter Services (the “Charter Services” “MS Coach & Tours”).

By signing, making a reservation, utilizing the charter services, or otherwise signifying your acceptance of this agreement, you represent and warrant that (a) you are authorized to enter this agreement for and on behalf of yourself and, if applicable, your organization, and are doing so, (b) you and your organization can legally enter into these terms and (c) you have read, understood and agree that you and the organization shall be bound by the terms of this agreement.

You agree that you are fully responsible for the actions of all of you, your passengers, guests and invitees (collectively, the “Passengers”) aboard the transportation equipment provided through MS Coach & Tours (the “Charter Service Buses”).

1. RESERVATIONS AND DEPOSIT

Reservations for Charter Services may be made electronically through MS COACH & TOURS LLC’ website – www.mscoachtourspr.com (the “Website”), by email or by phone. Until the reservation is confirmed by “MS Coach & Tours” in writing (including by email) the reservation is subject to change by MS Coach & Tours, or by you.

You understand and agree that payment for all bus charter services reserved through MS Coach & Tours shall be made payable to, and collected by, MS Coach & Tours Transport LLC.

MS Coach & Tours is not responsible for any confirmation of your reservations that is lost or otherwise not received when booking via email. It is your responsibility to call and get a confirmation email when booking.

All reservations that are more than fifteen (15) days from the scheduled date of service (the “Date of Service”) require a deposit of at least twenty five (25) percent non-refundable. MS Coach & Tours shall confirm the amount of the deposit at the time client makes its reservation. Full payment must be balanced 10 days prior to departure, unless specified otherwise on the invoice.

Client may change a reservation subject to (a) the availability of the requested Charter Services as proposed by the changed reservation, (b) payment of the applicable fee is determined by MS Coach & Tours, at its sole discretion.

2. CANCELLATIONS AND REFUND POLICY

2.1 If the trip is cancelled prior to (30) thirty days before departure, then all monetary fund will be given back except for a 15% transaction fee;  if the trip is cancelled prior to (15) fifteen days before departure, then all monetary funds except the deposit will be given back; if the trip is cancelled less than (15) fifteen days before departure, then only 50% of total monetary funds will be refunded. Unless specified otherwise by MS Coach & Tours representative or

2.2  In certain specific circumstances, MS Coach & Tours may in its sole discretion refund some or all of a deposit or the Estimated Costs that have been paid by you if the Charter Service Bus breaks down or breaches its obligations under this Agreement to provide the Bus Charter Services (a “Performance Failure”). Any such Performance Failure shall not affect, and there shall be no refunds of any sort, in connection with any Service Buses not affected by a Performance Failure that you may have charted for Charter Services under this Agreement. You shall remain fully responsible and liable for all deposits, the Estimated Costs and all other amounts due under this Agreement for any such other Service Buses and Charter Services in accordance with the terms of this Agreement.

2.3 If you want to cancel your reservation, you shall send written notice to: mscoachtourspr@gmail.com

2.4 You agree to pay any cancellation or change fees that you incur. Any charge associated with a cancellation is final and not transferable to future or alternative services. Unless a written agreement from both parties has been made.

2.5 If the driver/chauffeur arrives at the scheduled pick-up location and guests are not present, and we’re unable to locate, contact or receive any information of the contact person within 60 minutes of the scheduled pick- up time, by the means provided in the reservation, then the transportation will be considered a no-show and the reservation will be cancelled. Unless flight delays, or weather delays occurs while traveling in or out of Puerto Rico in this case we will honor our agreement service to its content specified in the agreement invoiced, otherwise you shall be fully liable for 100% of the Estimated Agreement Cost. 

3. RATES AND PAYMENT

3.1 All quotes rates are subject to change without notice and may be increased at any time prior to confirmation by MS Coach & Tours in its sole discretion. In the event of such case, a formal written notice will be sent to inform the cause of the price change. Does not apply to or if the agreed charter service to be rendered is fully payed “In Advance” unless specified otherwise on the invoice.

3.2 The rates quoted for the Bus Charter Services is an estimate based on the information that you provided to MS Coach & Tours LLC in connection with your reservation.

3.3 There may be additional charges including taxes, credit card processing fees, damage to the buses, injury to the driver, overtime (i.e., exceeding the time of your reservation), over-mileage (traveling further than originally requested) and clean-up that requires a greater than normal amount of time and material necessary to clean the buses properly (“Excessive Cleaning”). The fee for Excessive Cleaning shall be determined by MS Coach & Tours in its sole discretion but the minimum fee is $250.00.

3.4 You hereby authorize MS Coach & Tours to initiate entries to your check/savings account and/or credit card of the financial institution provided by you at the time of reservation, and, if necessary, initiate adjustments for any transactions credited or debited in error or additional charges. This authority remains in effect until MS Coach & Tours s is notified in writing to cancel it. To cancel such authority, you shall provide written notice to MS Coach & Tours no less than thirty (30) days prior to the effective date of such cancellation. MS Coach & Tours may attempt multiple smaller transactions if your financial institution declines large transaction attempts.

3.5 You agree that if any attempt to charge a credit or debit card is declined at any time, then MS Coach & Tours may terminate the option to pay by credit or debit card. If MS Coach & Tours terminates this option, then all remaining payments shall be made via check, credit card or electronic wire transfer. If you refuse to pay the remaining balance via check or wire transfer then your reservation(s) will be cancelled and you will be subject to the cancellation charges set forth in Section 2.

You agree that MS Coach & Tours shall ask, at its discretion, for total payments exceeding $5,000 to be made via check or electronic wire transfer. Refusing to pay via check or electronic wire transfer does not nullify this agreement and shall not relieve you of cancellation charges as set forth in Section 2.

3.5 You agree not to dispute any fees or charges in connection with the Charter Services that were otherwise made consistent with the terms of this Agreement, including cancellation fees, warranties, dispute resolution, the Waived Conditions and any other risks for which MS Coach & Tours has disclaimed responsibility or any claims that you have waived (the “Improperly Disputed Amounts”). If you dispute any such fees or charges, then MS Coach & Tours shall have the right to charge you, and you shall pay, any related fees charged by any financial institution involved with the dispute, any attorneys’ fees, expenses and court or arbitration costs associated with enforcing and collecting payment any such fees or charges and any other damages suffered by MS Coach & Tours related to or arising from the Improperly Disputed Amounts.

 

3.6 You agree that it is a violation of law to place a reservation in a false name or with an invalid credit card number with the intent to defraud. Please be aware that even if you do not give MS Coach & Tours your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. Accordingly, if you knowingly input false information in a reservation form, including someone else’s name, e-mail, address, physical address, phone number, random or made up name, address, e-mail, or phone number, you agree to fully indemnify and be liable to MS Coach & Tours and its affiliate companies, for an amount of $10,000 to each company involved, plus any attorneys’ fees and expenses and court or arbitration costs.

4. OVERTIME AND ADDITIONAL CHARGES

Time and charges begin when the Charter Service Bus arrives at the pick-up location. If there is an error in the stated address, you shall be charged for the time needed to reroute the Service Bus to a different address. 

You agree to pay the following additional expenses incurred in connection with Charter Services: (i) driver’s lodging, (ii) tolls, (iii) parking fees (iv) additional stops and (v) admittance or entrance fees (vi) any other expenses incurred in connection with the provision of the Charter Services if applicable, we will send a written notice if such charges will incur during or after the Charter Service has been rendered to comply with the services requested.

5. CHARTER SERVICES

5.1 Images of, and information regarding, buses and other vehicles presented on the Website may differ from the actual Service Buses.

5.2 MS Coach & Tours guarantees any of the following (collectively, the “Waived Conditions”):

• the specific make, model, year, or specific bus appearance of the Charter Service Bus.
• the functionality of the dvd of the Bus. In case it is very important to project any specific video, the organizer of the trip should contact MS Coach & Tours with two weeks in advance to check if the video is compatible with the reproduction equipment. This does not apply to Mini-buses.
• the availability of high speed internet, because the internet coverture can be limited in some areas.
• the behavior of the drivers and how they treat the Passengers. However, if there are some complaints about it, we will investigate the case thoroughly, and apply the proper sanctions. Also, we could take all the legal actions against drivers in such cases.
• the drivers use of a cell phone.
• the provision of the Charter Services if any of the Service Buses are affected by weather, mechanical breakdown, blown tires, motor vehicle accident or other similar events (collectively, the “Interference Events”)

You acknowledge and agree that MS Coach & Tours does not guarantee the Waived Conditions and you specifically waive any claims against MS Coach & Tours or right to terminate this Agreement or demand any refund from MS Coach & Tours related to or in connection with the Waived Conditions. At MS Coach & Tours sole discretion, MS Coach & Tours may provide limited assistance in resolving claims when they are presented before trip end. 

With respect to any Interference Event,  MS Coach & Tours s will use commercially reasonable efforts to get the Service Bus operating again or to obtain a replacement bus as soon as possible.

5.3 You acknowledge and agree that Service Buses and their drivers may not arrive on time for pickup, and may deliver Passengers later than their original scheduled arrival time. You specifically waive any claims against MS Coach & Tours s to terminate this Agreement or any sort of refund if the Service Bus is delayed due to events of Force Major, Weather, including GPS malfunctions, GPS signal problems incorrect route information on the GPS, road closures, or traffic delays. In addition, you acknowledge and agree that certain road and vehicle conditions may require the Service Bus to travel slower than usual. The speed at which to travel, the route and any other trip related decisions shall be solely determined by the driver in his sole discretion.

5.4 Unless agreed to in writing at the time of the reservation, MS Coach & Tours is not obligated to provide options for buses or drivers that are SPAB certified / ADA certified, DOD certified, or require special permits or certificates. Cancellation for such reasons shall not relieve you of cancellation charges as set forth in Section 2.

5.5 You agree that a reasonable number of seats on the Charter Service Bus may be reserved to allow any required additional drivers or support staff to travel on the Service Bus.

5.6 MS Coach & Tours shall not be responsible for any lost or damaged items MS Coach & Tours reserves the right to charge a fee for returning any items found in the Service Buses.

5.7 S MS Coach & Tours or the driver may terminate any trip without refund in its sole discretion, if (i) the driver or the dispatcher on duty feels that you or any of the Passengers are putting the driver, the Service Bus or any of the Passengers in danger or harm or (ii) you and/or any of the Passengers are in possession of any illegal material and/or substance. This is without exception.

5.8 Drivers must follow FMCSA Hours of Service Regulations and other applicable regulations and shall not agree to any request to exceed the regulated FMCSA Hours of Service or to violate any other regulations. These regulations restrict driving time to ten (10) hours and duty time to fifteen (15) hours. Unless agreed to in writing at the time of the reservation, we’re not obligated to arrange buses with more than one driver on each bus. Drivers are entitled to a hotel room in accordance with Section 4(b) no later than when they reach these restrictions on driving and/or duty times. MS Coach & Tours may terminate any trip without refund in its sole discretion if you or any of the Passengers attempt to force the driver to exceed regulated FMCSA Hours of Service or to violate any other applicable regulations. Additional detail can be found on the FMCSA website: https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations.

5.9 You, or such representative designated by you, agree that as requested by the Driver, you will be served an invoice to sign the requested information from MS Coach & Tours handed down to the Driver for the purpose of confirming the trip and the completion thereof.

6. WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY

6.1 Warranties. Each party represents and warrants to the other that (a) it has the full power to enter into this Agreement and to perform its obligations hereunder, (b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and (c) this Agreement does not contravene, violate or conflict with any other agreement of such party.

6.2 Disclaimer. Except as specifically provided in this agreement, MS Coach & Tours does not make, and MS Coach & Tours expressly disclaims, any representations or warranties in connection with this agreement, the charter services, the service buses or the charter carrier, whether express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, any warranties arising out of a course of performance, dealing or trade usage, and their equivalents under the laws of any jurisdiction. Without limitation to the foregoing, MS Coach & Tours does not provide any warranty or undertaking, and makes no representation of any kind, whether express, implied, statutory or otherwise, that with respect to the charter services or the service buses will meet your requirements or achieve any intended results.

You expressly agree that the charter services and the service buses are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.

6.3 Limitation of Liability. MS Coach & Tours shall not be liable to you or any of your passengers for any special, consequential, punitive, incidental, or indirect damages, or any damages for lost data, business interruption, lost profits, lost revenue or lost business, arising out of or in connection with this agreement, the charter services or the service buses however caused and based on any theory of liability, arising out of this agreement, the charter services or the service buses, whether or not MS Coach & Tours has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply. In such cases, MS Coach & Tours’ liability will be limited to the fullest extent permitted by applicable law. 

In no event will MS Coach & Tours’ total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or the Charter Services (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, to MS Coach & Tours during the twelve (12) months immediately preceding the date of the claim, or five thousand dollars ($5,000.00), whichever is greater. The essential purpose of this provision is to limit the potential liability of MS Coach & Tours arising out of this Agreement or the Charter Services whether for breach of contract, negligence, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

6.4 You acknowledge and agree that MS Coach & Tours is severally, providing the MS Coach & Tours portal, services and Charter Services, respectively, and other services, sets prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and MS Coach & Tours, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and MS Coach & Tours. MS Coach & Tours would not be able to provide the Charter Services to you on an economically reasonable basis without these limitations.

6.5 MS Coach & Tours shall be liable for any delay or failure in its performance of any of the acts required by this Agreement or the Charter Services, when such delay or failure arises from circumstances beyond the control and without the fault or negligence of such party (“Force Majeure”). Such causes may include, without limitation, traffic, mechanical breakdowns, road conditions, acts of local, state or national governments or public agencies, acts of public enemies, acts of civil or military authority, labor disputes, utility or communication failures or delays, earthquakes, fire, flood, other natural disasters, epidemics, riots or strikes. The time for performance of any act delayed by any such event may be postponed for a period equal to the period of such delay.

6.6 Waiver of liability. MS Coach & Tours has put in place preventative measures to reduce the spread of COVID-19, such as cleaning and sanitation of the buses and driver health monitoring, among others; however, MS Coach & Tours cannot guarantee that you or any of the passengers will not become infected with COVID-19. Further, using the Charter Bus Services provided by MS Coach & Tours could increase passengers’ risk of contracting COVID-19. 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. You are responsible to inform all passengers or their representatives of these potential and real risks by any means you consider necessary, to the extent that all passengers aboard a Charter Bus Services provided by MS Coach & Tours acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that they may be exposed to or infected by COVID-19 by attending a Charter Bus Services provided by MS Coach & Tours and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.

6.7 Assumption of Risk. I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself, others and to inform all passengers about them in order to utilize MS Coach & Tours services and enter MS Coach & Tours premises and buses. These services are of such value to our employees, my clients and all passengers, that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize MS Coach & Tours services, premises and buses in person.

6.8 Waiver of Lawsuit/Liability. You and all the passengers voluntarily agree to assume all of the foregoing risks and hereby release, covenant not to sue, discharge, and hold harmless MS Coach & Tours, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. MS Coach & Tours shall not be liable to you or any of your passengers, or by any person that could have contact with them for any special, consequential, punitive, incidental, or indirect damages, or any damages caused by covid-19.

7. LICENSE

7.1 In situations where You engage MS Coach & Tours s to provide Charter Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to MS Coach & Tours a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined in Section 7.3 below.

7.2 In situations where You engage MS Coach & Tours to reserve and/or pay for Charter Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below.

7.3 For the purposes of this Agreement, the “Scope” shall mean MS Coach & Tours’ use of the Marks or Third Party Marks, as the case may be, to advertise and promote MS Coach & Tours’ Charter Services by publicizing the fact that MS Coach & Tours has provided such Charter Services to or on behalf of such Event.

   8. GENERAL PASSENGER OBLIGATIONS

8.1 Instructions issued by driver must be obeyed.

8.2 Driving and dispatch personnel shall be authorized to exclude persons from travel if they are obviously intoxicated or under the influence of drugs, or alcohol. The same shall apply to passengers who compromise the safety of their fellow passengers for other reasons or significantly impair the well-being of the latter. Claims to substitute transportation shall not exist in these cases.

8.3 Smoking on board the bus is not permitted. This prohibition also extends to e-cigarettes.

8.4 Passengers shall be liable for damages caused on, in or to the bus in a culpable manner.

8.5 Drivers may cancel the contract without notice in the event that despite (verbal) warning, a passenger o several of them behave in a manner so disruptive, that it is no longer reasonable for the driver to continue the journey. This shall also apply if the passenger fails to observe objectively justified guidelines (e.g. safety guidelines). In this case, MS Coach & Tours is entitled to retain the fare..

8.6 Moderate consumption of alcoholic beverages is permitted provided that everyone on board is over 21 years of age, the organizer of the trip is responsible and liable for any broken glass, bottle cans, plastic cups and other trash brought on the Charter Bus Service that can or may injure a passenger or the driver. MS Coach & Tours driver reserves the right to delay the trip if such event occurs. It’s sole responsibility of the organizer to inform the driver before departure and inform us that they plan to consume alcoholic drinks before departure. 

If there is any one person on the group under the 21 years of age, alcohol drinking on board is absolutely prohibited.

8.8 Also the organizer will be responsible in all trips that all passengers follow these General hygiene rules:

1) Wash their hands after taking the bus, and after using the toilet, and if you cough/sneeze into your hands (follow the 20-second hand-washing rule).

2) Cough/sneeze into your sleeve, preferably into your elbow. If you use a tissue, discard it properly and clean/sanitize your hands immediately.

3) Wearing face-masks while traveling its optional, but required if such passengers or driver feels any discomfort and it needs to be so.

4) To inform the Driver as soon as possible, that You or one, or several passengers have symptoms that are associated with COVID-19.

 

 

 

 

   9 CHILDREN AND MINORS

9.1 Small children aged between 0 and 3 years may only be conveyed in appropriate child safety seats. During the journey, these must be secured with the seatbelts located on the buses. The child safety seats must be secured with 2-point belts and provided by the adults accompanying the small children in question. We do not provide child safety seats, it's the parents responsibility to bring their own.

9.2 Children under the age of 13 must be accompanied by an adult (21 years or older)

    10 TRAVELING WITH A WHEELCHAIR/MOBILITY AIDS/ESCORTS, MOBILITY ASSISTANCE AND GUIDE DOGS

10.1 The maximum weight and size of a wheelchair or mobility scooter that we can accept are:

Weight including the passenger is 600 Lbs (272kg)

Wheelchair dimensions of 30 x 48 inches (76cm x 121cm)

Mobility scooter with dimensions of 30 x 30 x 48 inches (76 x 76 x 122cm).

10.1.2 The transport of wheelchairs and walking aids is for free, 13.5. Each Motor Coach has space for the transport of 2 wheelchairs with the size as described in 11.1, and for one mobility scooter with the size as described in 10.1. We kindly ask for a registration via email in advance to make sure that a transport place is available for the requested ride. Does not apply to Mini-Buses this does not come with wheelchair accessible seats, and ADA ramp.

10.2 Escorts, mobility assistance and guide dogs

10.2.1 In order to ensure it is possible to transport persons with disabilities or limited mobility, the passenger is encouraged to inform us about his/her needs within two full days in advance from departure date.

10.2.2 Service Animals (animals that have been trained to perform specific tasks to assist persons with disabilities) are transported at no additional charge. Service animals are not required to wear a muzzle. Service animals may be seated on the handler’s lap, on the floor in front of the handler (but not blocking any aisles or exits) or – space permitting – in the wheelchair-accessible space on our coaches. For the comfort and safety of the animal, other passengers and your driver, service animals may never occupy a passenger seat.

Animals for comfort, emotional support, therapy and PTSD are not considered service animals and therefore not permitted to ride (either in the passenger or luggage compartment of the bus). Service Animal fraud is a crime. Penalties can include: fines, community service and even time in jail. For more information, visit: https://www.animallaw.info/content/fraudulent-service-dogs. Animals determined by your driver to not meet ADA standards for a Service Animal will not be permitted onboard.

10.3 Bus stops

MS Coach & Tours has no influence over the infrastructural condition of the stops and places visited, or handicapped access for disabled persons. Therefore, MS Coach & Tours cannot guarantee for handicapped access for disabled persons. You are responsible for its infrastructural condition.

11 CARRIAGE OF GOODS

11.1 Baggage:

11.1.1 The baggage transported should have a maximum size of 31 x 20 x 12 inches per item. Slight deviations from these dimensions are permitted provided that the total dimensions of the item do not exceed a total height, width and length of more than 63 inches. Each passenger may transport a maximum of 60 lbs of baggage. Baggage includes suitcases and bags. If passengers are expected to carry special baggage items, the organizer should contact MS Coach & Tours to verify that all items could be stored in the luggage compartments.

11.1.2 Passengers are responsible for loading their baggage. If your group requires help loading or unloading their baggage, you must inform MS Coach & Tours at the time of the reservation.

11.2 Hand Baggage:

11.2.1 Hand baggage is limited to one baggage item per passenger with a maximum size of 16 x 12 x 7 inches and a maximum weight of 30 lbs. Slight deviations from these dimensions are permitted provided that the total dimensions of the item do not exceed a total height, width and length of more than 35 inches. Overhead bins can hold up to 20 lbs cases or personal items per passenger.

11.2.2 Passengers shall be required to stow and monitor the hand baggage in the passenger area in a manner which ensures that the safety and proper operation of the bus is not compromised and other passengers are not inconvenienced. Hand baggage should, in principle, be stowed on the baggage racks provided or placed under the seats in front of passengers.

11.2.3 The hand baggage and its contents shall remain in the care of passengers for the duration of the journey and must be monitored appropriately. If any unauthorized access by third parties is observed, the bus driver should be informed. Passengers are requested to check their hand baggage for completeness prior to the end of the journey.

11.3 Valuable Items:

11.3.1 Valuable items, such as cash, jewelry, precious metals, keys, glasses (sunglasses and/or reading glasses), electronic devices (laptops, iPads, tablets, MP3 players, cellphones, cameras, etc), contact lenses, prostheses, medication, important documents (diploma certificates, other certificates, credentials, passports, driving licenses, securities), etc. and fragile objects must be conveyed in hand baggage, not normal baggage, and are subject to the due diligence of passengers.

11.4 Strollers:

11.4.1 As far as the passenger travels with a child, a stroller can also be transported. Strollers shall be conveyed as special baggage (max. one buggy per passenger). Strollers must be collapsible. Non-collapsible strollers shall not be conveyed.

11.6 Items forgotten or left behind in the bus are not covered by insurance. In the event that passengers have left items in the bus, You should contact us at mscoachtourspr@gmail.com

11.7 Illegal substances, Dangerous substances and objects are not permitted during travel, especially explosive, flammable, radioactive, foul-smelling or corrosive substances, unpackaged or unprotected items which could injure passengers. These include, for example, weapons, ammunition and pyrotechnics.

11.8 Carriage of Animals

11.8.1 The carriage and transport of dogs and other animals in the buses is excluded in principle.

12. INDEMNIFICATION

You shall indemnify and hold harmless MS Coach & Tours, and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “MS Coach & Tours Indemnities”), and each of them, against and from any and all third party allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorneys’ fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise, (“MS Coach & Tours Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by you (including any of your employees. contractors or passengers) of any of the terms and conditions of this Agreement, (b) violation of any law, rule or regulation, (c) use of the Website by you (including any of your employees or contractors) on behalf of yourself or any third party, (d) any failure to procure the license rights contemplated under Section 7.2 above, and (e) the acts or omissions of you (including any of your employees and contractors). If any MS Coach & Tours Claim is made or any action or proceeding is brought against MS Coach & Tours Indemnities, or any of them, any such MS Coach & Tours Indemnity may, by notice to you, require you, at your expense, to resist such MS Coach & Tours Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such MS Coach & Tours Indemnity. Your reimbursement, indemnity and contribution obligations under this Section shall be in addition to any liability that you may otherwise have, and shall extend upon the same terms and conditions to MS Coach & Tours Indemnities.

You and MS Coach & Tours agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Charter Services (a “Claim”) will be resolved in accordance with this Section or as MS Coach & Tours and you otherwise agree in writing.

14. GOVERNING LAW AND DISPUTE RESOLUTION.

14.1 Choice of Law. This Agreement shall be governed in all respects by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions. Each party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to any claim or otherwise in connection with this agreement or the charter services.

14.2 Arbitration and Class Action Waiver. Please review as this affects your legal rights.

14.2.1 Arbitration. You agree that all claims between you and MS Coach & Tours (whether or not such claim involves a third party) in connection with this agreement or the charter services will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes in San Juan, Puerto Rico. You and MS Coach & Tours hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and MS Coach & Tours would have in court may not be available in arbitration.

Neither you nor MS Coach & Tours will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

You are giving up your right to participate as a class representative or class member on any class claim you may have against  MS Coach & Tours including any right to class arbitration or any consolidation of individual arbitrations.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if MS Coach & Tours is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either MS Coach & Tours or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

14.2.2 Judicial Forum for Disputes. In the event that the agreement to arbitrate under this Section 14.2 is found not to apply to you or your claim, you and MS Coach & Tours agree that any judicial proceeding (other than small claims actions) must be brought, solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of San Juan, Puerto Rico. Both you and MS Coach & Tours consent to venue and personal jurisdiction there. Notwithstanding the foregoing, MS Coach & Tours may bring a claim for equitable relief in any court with proper jurisdiction.

14.2.3 This arbitration agreement will survive the termination of this Agreement or your relationship with MS Coach & Tours.

14.3 Improperly Filed Claims. All claims you bring against MS Coach & Tours must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, MS Coach & Tours may recover attorneys’ fees and costs up to $10,000, provided that MS Coach & Tours has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

14.4 Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Charter Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

15. No Discrimination

Reservations, bookings and trips aboard MS Coach & Tours is without regard to race, color, creed, religion, believes, sexual orientation, political orientation, sex, gender, national origin or any other circumstance.

16. Non-Disparagement.

You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company.

Should you take action intended, or would reasonably be expected, to harm the reputation of MS Coach & Tours, MS Coach & Tours may recover attorneys’ fees and costs up to $500,000.

17. Miscellaneous.

17.1  In the event that any provision of this Agreement shall be adjudged illegal or otherwise unenforceable, such provision shall be severed and the balance of this Agreement shall continue in full force and effect.

17.2 The waiver by MS Coach & Tours of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach

17.3 All notices pursuant to this Agreement to either party shall be in writing and shall be personally delivered or mailed by overnight courier, or transmitted electronically, fees prepaid. Notice shall be deemed given and effective on receipt by the party to whom such notice is directed. 

To Client: To such address as provided to MS Coach & Tours Transport LLC

17.4 Except as provided in Section 14, the rights and remedies of the parties hereunder shall not be exclusive, and are in addition to any of other rights provided by this Agreement or by law.

17.5 This Agreement is the entire agreement of the parties with respect to the Charter Services. Any additional terms or any modification to this Agreement shall not be binding on either party unless in a writing duly signed by the party to be charged.

17.6 This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you (by operation of law or otherwise), but may be assigned by MS Coach & Tours without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.

17.7 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

17.8 Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2- 16.