This Transportation Reservations Service Terms and Agreement (“Agreement”) is between Intermex Inc (“Intermex”) and you (either as an individual or representing an entity) (“Client” or “you”). This Agreement outlines the terms for your use of bus charter services (“Charter Services”) arranged by Intermex.
By accepting a quote & making a reservation, using the Charter Services, or otherwise indicating your acceptance of this Agreement, you confirm and guarantee that
(1) you are authorized to enter this Agreement on behalf of yourself and, if applicable, your organization, and are doing so,
(2) you and your organization are legally able to agree to these terms, and
(3) you have read, understand, and agree that you and your organization will be bound by the terms of this Agreement.
You acknowledge that you are wholly accountable for the conduct of yourself, your passengers, guests, and invitees (collectively, the “Passengers”) on the vehicles arranged through Intermex (the “Service Buses”).
RESERVATIONS, DEPOSITS, CANCELLATIONS REFUND POLICIES
To secure a reservation, a deposit of twenty-five percent (25%) of the total estimated cost is required at the time of booking. This deposit shall be refundable provided that cancellation is made at least fifteen (15) days prior to the scheduled service date. If cancellation occurs within fifteen (15) days of the service date, the deposit shall become non-refundable. Full payment of the remaining balance is due no later than five (5) days prior to the departure date. Intermex reserves the right, in its sole discretion, to cancel the reservation in its entirety and retain the deposit if full payment is not received by the aforementioned deadline.
Itinerary Modifications – Any proposed alterations to the itinerary specified in this Agreement shall be subject to the prior written approval of Intermex, in its sole discretion, and may require the payment of additional fees by the Client, as determined by Intermex.
Passenger Conduct – Client maintains sole responsibility and liability for the conduct of passengers. Prohibited Behavior includes: Physical violence, harassment, threats, vandalism, incident exposure, blocking the aisle, stairwell, and passenger seat, smoking on the bus, at bus stops, throwing objects from the bus, hanging things outside the windows of the bus, including passengers’ hands, arms, putting feet or shoes on the bus seats. Intermex, or the driver may, at their sole discretion, cancel any trip without issuing a refund if (i) the driver or on-duty dispatcher believes that you or any Passengers are endangering the driver, the Service Bus, or other Passengers, or (ii) you or any Passengers are found in possession of illegal materials or substances. No exceptions will be made.
Prohibited Items include: Hazardous materials such as flammable substances or corrosive agents, glass bottles, Illegal drugs, paraphernalia, (alcohol allowed for individuals that are 21+ upon approval from carrier). Weapons such as firearms, knives, etc. Bulky materials that cannot safely be carried or kept under the control of the passenger Items cannot take up passenger seating.
Pets that are not allowed with the exception of trained service animals.
BUS DAMAGES – Client agrees that Client is responsible and liable for interior damage to any bus caused by Client or Client’s passengers resulting from any charter or tour. If any bus is out-of-service for repair of any such damages, Client will promptly pay $500.00 per day to Intermex, Inc. Together with repair charges, equipment freight, and labor costs. Vehicles with excessive trash or vomit will incur a cleaning fee of $100. Damages to vehicles must be paid for within 7 days of the trip’s conclusion.
Mechanical Issues and Safety – Intermex Inc prioritizes passenger safety with the utmost diligence. In the event that a scheduled vehicle is deemed inoperable, exhibits signs of potential mechanical failure, or displays any mechanical issue, Intermex Inc shall endeavor to replace the vehicle with another from its fleet. Should no suitable vehicles be available within Intermex’s fleet, Intermex is authorized to engage a third-party transportation provider to perform the services at the same contracted rate, ensuring continuity of service without additional cost to the Client.
Force Majeure and Performance – In the event that Intermex Inc is prevented from performing any transportation services stipulated in this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, riots, civil disturbances, road repairs, strikes, fires, floods, governmental regulations or actions, or any other unforeseen event (collectively, “Force Majeure Events”), Intermex shall be excused from further performance of such obligations for the duration of the Force Majeure Event. Additionally, should Intermex Inc be unable to provide the transportation services specified herein using its own fleet, Intermex Inc reserves the right, at its sole discretion, to subcontract or sub-charter the transportation services to a third party as necessary to fulfill the terms of this Agreement.Entertainment Provisions – Intermex’s coaches are equipped with DVD players, monitors, and stereo systems compatible with MP3, Bluetooth, and auxiliary port connections. Intermex does not provide DVDs, movies, music adapters, or other media content. The Client is solely responsible for supplying any desired media or connectivity devices to utilize these entertainment systems.
No Assignment – Client may not transfer or assign this contract or any Deposit or Payment hereunder to a third party without prior, written consent by Intermex, Inc.
SPAB Compliance Notification – It shall be the sole responsibility of the Client to promptly inform Intermex LLC in writing if the Client determines that the transportation services contemplated under this Agreement are subject to the regulations and requirements of the School Pupil Activity Bus (SPAB) rules. Failure to provide such notification shall not relieve the Client of any obligations under this Agreement or applicable law.
Indemnification – To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Intermex Inc., together with its officers, directors, agents, employees, contractors, subcontractors, affiliates, successors, assigns, and licensees (collectively, the “Intermex Indemnitees”), from and against any and all claims, demands, actions, suits, allegations, liabilities, losses, damages, fines, penalties, judgments, settlements, costs, or expenses of any kind or nature (including, but not limited to, reasonable attorneys’ fees, court costs, and expert witness fees), whether arising in law or equity, brought by any third party or entity, resulting from or related to: (a) any actual or alleged breach or violation by you, your employees, contractors, passengers, guests, or invitees (collectively, “Your Parties”) of any term, condition, representation, or warranty of this Agreement; (b) any violation or alleged violation by Your Parties of any federal, state, or local law, regulation, ordinance, or rule; (c) any act, omission, negligence, or willful misconduct of Your Parties; (d) any bodily injury, death, or property damage caused or allegedly caused by Your Parties; (e) any failure by Your Parties to secure necessary licenses, permits, or rights as required under this Agreement; or (f) any other cause arising out of or connected to the performance, non-performance, or conduct of Your Parties under this Agreement. Upon written notice from an Intermex Indemnitee, you shall, at your sole expense, assume the defense of any such claim, demand, or action using legal counsel approved in advance by the Intermex Indemnitee. Your indemnification, defense, and hold harmless obligations under this section are in addition to any other liabilities you may have and shall survive the termination or expiration of this Agreement. These obligations shall apply to all Intermex Indemnitees under the same terms and conditions.
Applicable Law – This contract will be governed by, construed, and enforced in accordance with the laws of the State of California and the United States.
WAIVER OF LAWSUIT/LIABILITY.– I hereby forever release and waive my right to bring suit against Intermex Inc. 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 Intermex Inc.’s services and premises.
