DEFINITIONS
In these Terms and Conditions, the following terms shall have the meanings set forth below: a. “Punctual Corp.” (“PEC”, “Company”, “we”, “us”, or “our”) refers to Punctual Express Corp., located at 1453 44th Street, Brooklyn, New York 11219. b. “Customer” (“you” or “your”) refers to the individual or entity booking or using the coach bus charter and bus rental services provided by PEC. c. “Services” refers to the coach bus charter and bus rental services provided by PEC. d. “Agreement” refers to the contract entered into between PEC and the Customer for the provision of Services, which is governed by these Terms and Conditions.
RATES AND PAYMENT TERMS
PEC reserves the right to change the advertised rates without prior notice and at any time before confirming your reservation. b. The estimated rate for the Coach Bus Charter Services is based on the information provided by you during the reservation process. Additional charges may apply for taxes, processing fees for credit card payments, damages to the buses, injury to the driver, over time, additional stops, and excessive cleaning. The fee for excessive cleaning will be determined by Punctual Express and the minimum fee is $250. c. By making a reservation, you authorize PEC to process payments through your provided check/savings account or credit card. PEC may attempt multiple smaller transactions if a large transaction is declined by your financial institution. If any attempt to charge your credit/debit card is declined, PEC reserves the right to terminate the option of paying by credit/debit card, and you must pay the remaining balance via check or wire transfer. d. For payments exceeding $5,000, PEC may request payment via check or wire transfer. If you refuse to pay via check or wire transfer, this does not nullify the agreement and you will still be subject to cancellation charges. e. You agree not to dispute any fees or charges that are in accordance with the terms of this agreement, including cancellation fees, warranties, and dispute resolution. If you dispute any fees or charges, PEC may charge you for any related fees from financial institutions, attorney fees and expenses, court or arbitration costs, and any other damages incurred. f. Making a reservation with false information, including someone else’s name, email, address, or credit card number, is a violation of law and can result in criminal prosecution. If you knowingly input false information, you agree to fully indemnify and be liable to PEC for a minimum of $10,000 and attorney fees.
CHARTER SERVICES
(a) Images of, and information regarding, vehicles presented on PEC’ website may differ from the actual vehicles provided. (b) PEC cannot guarantee any of the following (collectively, the “Waived Conditions”): • The specific make, model, year, or appearance of the vehicle. • The functionality of the heating, air-conditioning or plumbing (including on-board restrooms) on the vehicle. • The availability or working condition of requested amenities including on-board restrooms, wheel-chair lifts, Wi-Fi internet, DVD/TV equipment, USB charging, or electrical plugs. • The behavior of the drivers and how they treat the passengers. • The drivers’ use of a cell phone. • The provision of the Charter Services if any of the vehicles are affected by weather, mechanical breakdown, blown tires, motor vehicle accident or other similar events (collectively, the “Interference Events”). You acknowledge and agree that PEC does not guarantee the Waived Conditions and you specifically waive any claims against PEC or the right to terminate this agreement or demand any refund from PEC related to or in connection with the Waived Conditions. In case of an Interference Event, PEC will use commercially reasonable efforts to get the vehicle operating again or to obtain a replacement vehicle as soon as possible. (c) You acknowledge and agree that vehicles 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 PEC to terminate this Agreement or any sort of refund if the vehicle is delayed due to events of Force Majeure, 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 vehicle 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 their sole discretion. (d) Unless agreed to in writing at the time of the reservation, PEC is not obligated to provide options for vehicles that require special permits or certificates. Cancellation for such reasons shall not relieve you of cancellation charges as set forth in the cancellation policy. (e) You agree that a reasonable number of seats on the vehicle may be reserved for any required additional drivers or support staff to travel on the vehicle. (f) PEC shall not be responsible for any lost or damaged items. PEC reserves the right to charge a fee for returning any items found in the vehicles. (g) PEC or the driver may terminate any trip without refund in their sole discretion, if (i) the driver or the dispatcher on duty feels that you or any of the passengers are putting the driver, the vehicle 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. (h) Drivers must follow applicable regulations and shall not agree to any request to exceed regulated driving time or violate any regulations. Drivers are entitled to lodging that meets the standards outlined in the agreement. PEC 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 driving time or violate any regulations. (i) You, or a representative designated by you, agree to input requested information into the PEC application as requested by the driver for
LICENSE
a. In situations where you engage PEC to provide Charter Services to an event (each, an “Event”) you own or are directly hosting or sponsoring, you hereby grant to PEC 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 this Section (c) below. b. In situations where you engage PEC 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. c. For the purposes of this Agreement, the “Scope” shall mean PEC’s use of the Marks or Third Party Marks, as the case may be, to advertise and promote PEC’s Charter Services by publicizing the fact that PEC has provided such Charter Services to or on behalf of such Event.
CANCELLATION AND REFUND POLICY
Cancellations must be submitted in writing to info@punctualexpress.net. Cancellation fees will apply as follows: i. If cancellation is made more than 30 days prior to the date of Service, a full refund of the deposit will be provided. ii. If cancellation is made between 15 and 30 days prior to the date of Service, 50% of the deposit will be refunded. iii. If cancellation is made less than 15 days prior to the date of Service, no refund will be provided. b. PEC reserves the right to cancel the Services due to unforeseen circumstances, such as extreme weather conditions or mechanical failure. In such cases, PEC will make every effort to provide a suitable alternative or refund the amount paid for the Services.
CUSTOMER RESPONSIBILITIES
The Customer is responsible for providing accurate information regarding pick-up and drop-off locations, dates, and times, and any special requirements or requests. b. The Customer is responsible for ensuring that all passengers comply with all applicable laws, regulations, and PEC’s policies, including but not limited to alcohol consumption, smoking, and behavior on board the vehicle. c. The Customer is liable for any damage caused to the vehicle or equipment by the Customer or their passengers during the provision of the Services.
LIABILITY
PEC is not responsible for any personal injury, loss, or damage sustained by the Customer or their passengers during the provision of the Services, except to the extent that such injury, loss, or damage is caused by the negligence or willful misconduct of PEC. b. PEC’s liability for any damages arising from the provision of the Services is limited to the amount paid by the Customer for the Services.
FORCE MAJEURE
PEC shall not be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, labor disputes, civil unrest, terrorism, war, government actions, or any other circumstances beyond the control of PEC.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the State of New York.
SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect.
ENTIRE AGREEMENT
These Terms and Conditions, together with any other documents referenced herein, constitute the entire Agreement between Punctual Express Corp. and the Customer with respect to the provision of the Services and supersede all prior or contemporaneous understandings or agreements, whether written or oral, regarding the such subject matter.
AMENDMENT
PEC reserves the right to amend these Terms and Conditions at any time without prior notice. The Customer is responsible for regularly reviewing these Terms and Conditions to stay informed of any updates or changes. The Customer’s continued use of the Services constitutes acceptance of any such amendments.
CONTACT INFORMATION
If you have any questions or concerns about these Terms and Conditions or the Services provided by Punctual Express Corp., please contact us at: Punctual Corp. 1453 44th Street Brooklyn, New York 11219 Email: info@punctualexpress.net