Terms And Conditions
This agreement, titled "Service Agreement" establishes the legal relationship between Top Transportation Service Inc. ("Top Transportation Service") and you, whether you are acting individually or on behalf of an entity ("Client" or "you").
This Service Agreement ("Agreement") is a contractual arrangement between you ("Client") and Top Transportation Service Inc. ("Top Transportation Service") governing the procurement of bus charter services ("Charter Services") provided by either Top Transportation Service or a third-party charter company ("Charter Company") engaged by Top Transportation Service. By indicating your acceptance of this Agreement through actions such as clicking "I Agree," signing your name on the service agreement, making a reservation, or utilizing the Charter Services, you confirm that you are duly authorized to enter into this Agreement on behalf of yourself and your organization. You further affirm that your organization possesses the legal capacity to engage in these terms, and that you have comprehensively reviewed and understood this Agreement, agreeing to be bound by its provisions. Additionally, you acknowledge and accept full responsibility for the conduct of all passengers, guests, and invitees ("Passengers") aboard the buses provided by Top Transportation Service or any engaged third-party charter company ("Service Buses").
1. Quotes, Booking Service, Service Alterations, & Payments
When reserving a bus or buses quoted by Top Transportation Service, the reservation is contingent upon vehicle availability at the time of reservation and the quote may be voidable if vehicles are already booked. The quotation does not imply a guarantee of availability. Fees and taxes, encompassing airport fees, PUC tax, surcharges, and parking fees, are subject to alteration without prior notice. By soliciting a quote from Top Transportation Service, you consent to receiving sales and discount-related emails from the company.
The quoted rate for Charter Services serves as an estimate based on the information provided by you during the reservation process. Additional charges may apply, including taxes, credit card processing fees, bus damages, overtime, extended travel distances, and Excessive Cleaning fees. The Excessive Cleaning fee, determined solely by Top Transportation Service, starts at a minimum of $350.
Changes to reservations are subject to availability of required Charter Services, payment of applicable fees determined by Top Transportation Service, and approval by Top Transportation Service. All reservations are considered final, and payments and deposits are non-refundable, subject to the foregoing terms. Reservations for Charter Services can be made electronically via the third-party platforms such as DocuSign, Busify, or Wix. However, these reservations are not deemed confirmed until explicitly conveyed in writing by Top Transportation Service. The company bears no responsibility for lost or undelivered confirmation emails resulting from online bookings. Clients are responsible for contacting and requesting a confirmation email upon online booking. Full payment of the service will be charged two weeks prior to service unless otherwise disclosed by Top Transportation Service. Payment methods accepted include cash, check, credit card, Zele, or bank transfer/ACH. Failure to timely pay for the reservation, Estimated Costs, or any other owed amounts may result in Top Transportation Service initiating payments using the financial institution information provided by the client at the time of reservation, and may lead to reservation cancellation at the discretion of Top Transportation Service. Client is responsible for reimbursing the Top Transportation Service directly for any additional expenses incurred during the provision of Charter Services, such as driver accommodations, tolls, parking fees, and extra stops. Top Transportation Service bears no liability for such Customer Expenses. By accepting this agreement, you authorize Top Transportation Service to initiate transactions from your designated check/savings account or credit card provided at the time of reservation. This authorization remains valid until Top Transportation Service receives written notification of cancellation at least fourteen (14) days prior to the effective date. In the event of declined card transactions, Top Transportation Service reserves the right to cease credit or debit card payment options. Should this occur, remaining balances must be settled via check, electronic wire transfer, or cash. Failure to comply may result in reservation cancellation and incurred cancellation charges. Top Transportation Service may apply progressive late fees for overdue payments, escalating at 14 days, 30 days, and 45 days or more, respectively, at rates of 1.5%, 5%, and 10%. Any dispute regarding fees or charges related to Charter Services, which were processed according to this Agreement, including cancellation fees, warranties, and waived conditions, constitutes an improper dispute ("Improperly Disputed Amounts"). Top Transportation Service reserves the right to charge you for any associated financial institution fees, attorney fees, arbitration or court costs, and damages resulting from the dispute of Improperly Disputed Amounts. Reservation under a false name or with an invalid credit card number to defraud is illegal. Top Transportation Service retains the right to prosecute fraudulent users to the fullest extent of the law. Knowingly providing false information in a reservation form subjects you to indemnification and liability to Top Transportation Service and its affiliates for $10,000 per involved company, in addition to attorney fees, arbitration or court costs, and expenses.
2. Cancellation & Refund Policy
(a) All payments, including deposits, are generally non-refundable unless otherwise approved by Top Transportation Service at its sole discretion.A cancellation within fourteen (14) days will result in a charge equal to 100% of the contracted amount. In certain circumstances, Top Transportation Service may, at its sole discretion, refund a portion or all of the deposit or Estimated Costs paid by you. Circumstances that may result in a refund are if Top Transportation Service expressly implies in writing that it would initiate a refund due to an agreed upon arrangement or a bus arranged for Charter Services experiences a breakdown or fails to fulfill its obligations under this Agreement (a "Performance Failure"). Such refund will not apply to unaffected Service Buses chartered under this Agreement. You remain fully responsible for all deposits, Estimated Costs, and other amounts owed for any such unaffected Service Buses and Charter Services in accordance with this Agreement. (b) To cancel your reservation, you must provide written notice to: info@ttsshuttle.com (c) You agree to cover any cancellation or change fees incurred. Cancellation charges are final and cannot be transferred to future services unless otherwise specified by Top Transportation Service. The reimbursement will be made at the sole discretion of Top Transportation Service and may have a deduction of the credit card processing fee (4%). (d) If the driver arrives at the scheduled pick-up location and the Client is not present, and efforts to locate or contact the contact person fail within 60 minutes of the scheduled pick-up time, as provided in the reservation, the ride will be considered a no-show, and the reservation will be canceled. The Client will be held liable for 100% of the Estimated Cost.
3. Overtime & Extra Charges
(a) Client shall be fully responsible for any overtime incurred by the Charter Company. Overtime fees, determined at the discretion of Top Transportation Service, are billed in hourly increments along with applicable taxes and fees. Top Transportation Service reserves the right to charge the credit card provided for this service or services provided in the past for any overtime or additional charges incurred. However, availability of overtime cannot be guaranteed. It is essential to anticipate potential delays and adhere to the agreed-upon schedule accordingly. Time and charges commence upon the arrival of the Service Bus at the designated pick-up location. In the event of an address error, charges will apply for the time required to reroute the Service Bus to an alternate address. (b) Client is obligated to cover the following additional expenses associated with Charter Services to the Charter Company: (i) driver accommodations, (ii) tolls, (iii) parking fees, (iv) additional stops, and (v) any other expenses directly incurred by the Charter Company during the provision of Charter Services. You agree to ensure suitable lodging for drivers meeting or exceeding the specified minimum standards: a 2.5-star or higher hotel/motel with a private room equipped with a private shower and bathroom. Failure to provide drivers with adequate private lodging meeting these standards authorizes Top Transportation Service or the Charter Company to arrange alternative lodging at your expense. (c) For any transfer service experiencing a pick-up delay exceeding 15 minutes, you agree to pay an hourly rate established by Top Transportation Service (referred to as the "Quotable Rate"), in addition to the total service charge.
4. Charter Services
(a) Top Transportation Service is a Charter Bus company that provides Charter Services to clients throughout California and other states. Top Transportation Service may provide the Charter Services through independent third party transportation carriers (the “Carriers”) that are directly responsible for providing the Charter Services to you. Top Transportation Service uses reasonable commercial efforts to ensure that all such Carriers are (i) DOT licensed, (ii) in compliance with all DOT and applicable laws, rules and regulations and (iii) qualified and able to provide the Charter Services. Notwithstanding the foregoing, Top Transportation Service shall not be responsible, and shall have no liability, for the acts or omissions of the Charter Company, including errors, late shows, the quality of the Service Bus, the performance of the drivers, any violations of applicable laws, rules or regulations or any failure to provide the Charter Services. (b) Due to availability, maintenance, or breakdowns images of buses and other vehicles presented on the Website or Email may differ from the actual Service Buses. Top Transportation Service may substitute smaller vehicles with larger ones. (c) Top Transportation Service cannot guarantee any of the following (collectively, the “Waived Conditions”): the specific make, model, year, or specific bus appearance of the Service Bus, the functionality of the hvac, air-conditioning or plumbing (including on-board restrooms) on the Service Bus, the availability or working condition of requested amenities including to on-board restrooms, wheel-chair lifts, WI-FI internet, DVD/TV equipment, USB charging, or electric 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 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 Top Transportation Service cannot guarantee the Waived Conditions and you specifically waive any claims against Top Transportation Service or right to terminate this Agreement or any refund related to or in connection with the Waived Conditions. With respect to any Interference Event, Top Transportation Service’s sole obligation is to use commercially reasonable efforts to obtain a replacement bus as soon as possible from Top Transportation Service or another Charter Company or to get the Service Bus operating again. (d) 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 Top Transportation Service and the Charter Company or to terminate this Agreement or any sort of refund if the Service Bus 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 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 their sole discretion. Notwithstanding the foregoing, Top Transportation Service shall use commercially reasonable efforts, within normal business hours to notify you of any potential delays. (e) Unless agreed to in writing at the time of the reservation, Top Transportation Service is not obligated to provide buses or drivers that are SPAB certified / school 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. (f) You agree that Top Transportation Service or Charter Company may reserve a reasonable number of seats on the Service Bus to allow any required additional drivers or support staff to travel on the Service Bus. (g) Top Transportation Service shall not be responsible for any lost or damaged items. Top Transportation Service reserves the right to charge a fee for returning any items found in the Service Buses. (h) Top Transportation Service, the Charter Company 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(s). This is without exception. (i) Drivers are not responsible and Top Transportation Service will not be liable for taking attendance and/or roll calling names of passengers. Each group is responsible for having a group leader that will ensure all passengers are on the bus at the time of departure. (j) 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. Driving and duty time start and end at the garage. Unless agreed to in writing at the time of the reservation, Top Transportation Service is 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. Top Transportation Service 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/ (k) Top Transportation Service may provide explicit recommendations either written or verbal in regards to estimated travel times, pick up times, and or drop off times with respect to a bus service. Top Transportation Service does not assume liability for any delays and or monetary losses with respect to delays for any recommend estimated travel times, pick up times, and or drop off times.
5. Warranties; Exclusions and Liability Restrictions
(a) 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. (b) Exclusions. Except as specifically provided in this agreement, Top Transportation Service makes, and Top Transportation Service 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, Top Transportation Service 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. (c) Liability Restrictions. Top Transportation Service 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 Top Transportation Service 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, Top Transportation Service’s liability will be limited to the fullest extent permitted by applicable law. In no event will Top Transportation Service’s 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 Top Transportation Service 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 Top Transportation Service 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. (d) You acknowledge and agree that Top Transportation Service is providing the Charter Services and other services, sets its 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 Top Transportation Service, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Top Transportation Service. Top Transportation Service would not be able to provide the Charter Services to you on an economically reasonable basis without these limitations. (e) Neither Top Transportation Service nor Charter Company 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. License
In situations where You engage Top Transportation Service to provide Charter Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to Top Transportation Service 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(c) below. (b) In situations where You engage Top Transportation Service to provide 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 Top Transportation Service’s use of the Marks or Third Party Marks, as the case may be, to advertise and promote Top Transportation Service’s Charter Services by publicizing the fact that Top Transportation Service has provided such Charter Services to or on behalf of such Event.
7. Indemnification
You shall indemnify and hold harmless Top Transportation Service, and each of its officers, directors, agents, contractors, subcontractors, licensees and employees (collectively referred to as the “Top Transportation Service Indemnitees”), 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, (“Top Transportation Service 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(b) above, and (e) the acts or omissions of you (including any of your employees and contractors). If any Top Transportation Service Claim is made or any action or proceeding is brought against Top Transportation Service Indemnitees, or any of them, any such Top Transportation Service Indemnitee may, by notice to you, require you, at your expense, to resist such Top Transportation Service 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 Top Transportation Service Indemnitee. Your reimbursement, indemnity and contribution obligations under this Section 7 shall be in addition to any liability that you may otherwise have, and shall extend upon the same terms and conditions to Top Transportation Service Indemnitees. You and Top Transportation Service 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 8 or as Top Transportation Service and you otherwise agree in writing.
8. Jurisdiction and Legal Resolution
Choice of Law. This agreement shall be governed in all respects by the laws of the state of California, 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. (b) Arbitration and Class Action Waiver. Please review as this affects your legal rights. (i) Arbitration. You agree that all claims between you and Top Transportation Service (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 Los Angeles County, California. You and Top Transportation Service 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 Top Transportation Service would have in court may not be available in arbitration. Neither you nor Top Transportation Service 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 Top Transportation Service, including any right to class arbitration or any consolidation of individual arbitrations.You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Top Transportation Service 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 Top Transportation Service 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. (ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under this Section 8(b) is found not to apply to you or your claim, you and Top Transportation Service 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 Los Angeles County, California. Both you and Top Transportation Service consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Top Transportation Service may bring a claim for equitable relief in any court with proper jurisdiction. (iii) This arbitration agreement will survive the termination of this Agreement or your relationship with Top Transportation Service. (c) Improperly Filed Claims. All claims you bring against Top Transportation Service must be resolved in accordance with Section 8. All claims filed or brought contrary to Section 8 shall be considered improperly filed. Should you file a claim contrary to Section 8, Top Transportation Service may recover attorneys’ fees and costs up to $15,000, provided that Top Transportation Service has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. (e) 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
9. 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 Top Transportation Service, Top Transportation Service may recover attorneys’ fees and costs up to $20,000.
10. Miscellaneous.
(a) 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. (b) The waiver by Top Transportation Service of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any other breach. (d) 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 Top Transportation Service:
Top Transportation Service Inc.
P.O. Box 34314
Los Angeles, CA 90034
Email: info@ttsshuttle.com
Attn: Top Transportation Service Inc.
To Client: To such address as provided to Top Transportation Service
(e) Except as provided in Section 8, 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. (f) 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. (g) 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 Top Transportation Service without restriction. Any assignment attempted to be made in violation of this Agreement shall be void. (h) No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. (i) 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(a) and 3- 9.