Berkshire Shuttle, LLC - Terms and Conditions
1. PAYMENT
Payment in full is due at the time the reservation is booked.
2. STANDARD OF CARE
Berkshire Shuttle, LLC confirms that all Drivers used for Customer's services are registered and insured with all appropriate state and federal agencies.
3. PERSONAL ITEMS OF PASSENGERS
Customer hereby acknowledges that neither Berkshire Shuttle, LLC nor the Driver shall have any responsibility whatsoever for any personal property of the passengers. Baggage and all other personal property will be handled at the passengers' own risk. Personal items of passengers are loaded and transported at the sole risk of the passengers.
4. DAMAGE TO TRANSPORTATION EQUIPMENT
Customer hereby assumes responsibility for and agrees to reimburse Berkshire Shuttle, LLC for the costs associated with any damage to the transportation equipment/vehicles supplied by or through Berkshire Shuttle, LLC caused by passengers.
5. OBJECTIONABLE PERSONS
Berkshire Shuttle, LLC and its operators reserve the right to refuse to transport persons under the influence of alcohol or drugs, or who are, or are likely to become objectionable to other persons of if the operator feels threatened for their safety in any way.
6. CONDUCT OF PASSENGERS
Passengers shall not interfere with the Driver in the discharge of his/her duty or tamper with any apparatus or appliance on the vehicle.
7. FIREARMS, EXPLOSIVES AND FIREWORKS
Possession of firearms, explosives, and fireworks (whether in the baggage or on the person) are strictly forbidden on any vehicle provided hereunder.
8. BINDING AUTHORITY
Customer represents and warrants to Berkshire Shuttle, LLC that the undersigned signatory, signing on behalf of Customer, has the authority to bind the Customer and that these Terms and Conditions shall be a valid, legally binding obligation of Customer. In the event that these Terms and Conditions are not signed and returned to Berkshire Shuttle, LLC, payment by Customer shall constitute Customer's acceptance of and agreement to these Terms and Conditions.
9. LIMITATION OF LIABILITY
Customer agrees that Berkshire Shuttle, LLC shall not be liable to Customer for special, indirect, incidental, or consequential damages, and Customer hereby disclaims such damages to the full extent such may be disclaimed, except in the case of gross negligence or willful misconduct on the part of Berkshire Shuttle, LLC. In no event shall Berkshire Shuttle, LLC be liable for any loss in excess of the price paid for the charter for any reason whatsoever. Any and all complaints must be submitted in writing within five (5) business days after the date of service or shall be waived by Customer.
10. FORCE MAJEURE
The time of arrival at starting point, stop-over point, destination, or return point of origin cannot be guaranteed. Drivers are carefully instructed to drive at all times at a speed within the limits prescribed by law and compatible with safe operation. Unusual road, traffic, and weather conditions are beyond the control of Berkshire Shuttle, LLC and the Operator, and delays occasioned by same will not be the responsibility of Berkshire Shuttle, LLC, or the Driver. Berkshire Shuttle, LLC will not be liable to Customer for delay or non-performance resulting from mechanical failure, road or weather conditions, labor difficulties, or any other causes or circumstances beyond its control.
11. HAZARDOUS WEATHER
The shuttle will plan to run, but due to the extra risk involved, should the National Weather Service issue a Weather “Warning” (i.e. Snow, ice, flooding, high wind) for the time of travel a surcharge of $10 per seat and $50 per custom trip will be charged.
12. CANCELLATION POLICY
Cancellations must be received in writing by either the website contact form or email. The customer shall receive a refund for cancellations made more than forty-eight (48) hours prior to the date of service and may be subject to a processing fee of up to 8%. There shall be no refund, however, for cancellations made within forty-eight (48) hours prior to the date of service.
13. PROHIBITED ITEMS AND ACTIVITIES
The following items and activities are prohibited without the written consent of the Company: (i) the carrying and consumption of alcoholic beverages; (ii) the use of tobacco products (including but not limited to their electronic counterparts); (iii) Glass containers; (iv) Golf shoes or any similar shoes with spikes; (v) Sharp objects (excluding rounded objects, nail clippers and files, safety razors, knitting and crochet needles, or scissors with blunt tips); and (vi) Hazardous materials.
14. GOVERNING LAW
The rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts. Customer irrevocably consents to the jurisdiction of the state and federal courts of the Commonwealth of Massachusetts and in any dispute arising out of these Terms and Conditions agree to waive the defense that such courts lack personal jurisdiction over Customer. Any claims or suits may only be instituted in the Commonwealth of Massachusetts.
15. MISCELLANEOUS
Entire Agreement: These Terms and Conditions, together with Berkshire Shuttle, LLC's Invoice/Contract, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other promises, representations, or conditions in any other agreement, whether oral or written. These Terms and Conditions may be modified or amended only in a written instrument signed by both parties.
No Assignment: The Customer may not assign this Agreement or any of its respective rights, interests, duties, or obligations hereunder without the prior written consent of Berkshire Shuttle, LLC.