Terms and Conditions
CANCELLATION: Client agrees to pay a 40% cancellation fee if services are cancelled in less than 24 hours of departure date and time. TRANSPORTATION SERVICES. Provider agrees to transport the Riders to and from the destinations at the dates and times described above (the “Trip”). Provider shall provide drivers licensed in the State of Texas and vehicles registered and meeting the minimum safety standards under Texas law. Provider also agrees to secure the minimum levels of automobile financial responsibility required by Texas law. Except as otherwise expressly stated in this Agreement, the services and transportation provided by Provider are on an “AS IS” basis. PROVIDER DISCLAIMS ALL WARRANTIES, INCLUDING ALL EXPRESS AND IMPLIED WARRANTIES. Provider will have a driver present at the scheduled time no earlier than 30 minutes before the scheduled time, and Provider will make reasonable efforts to transport the Riders with reasonable punctuality. However, Client agrees and understands that the times indicated above are approximations and are not guaranteed, as traffic, border-crossing times, weather, events of “force majeure,” safety or other extraordinary circumstances may cause delays for which Provider shall have not liability. V. PERSONAL PROPERTY. Provider is not responsible for personal property of Riders lost or damaged during the Trip. ALL PASSENGERS MUST EXIT THE VEHICLE AND WALK THROUGH THE U.S. CUSTOMS CHECK POINT WITH ALL OF THEIR CARRY ON ITMES AND PERSONAL BELONGINGS. CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROVIDER FROM AND AGAINST ANY LOSS, LAMAGE, INJURY, OR EXPENSE RESULTING FROM INVESTIGATIONS, PROCEEDINGS, CLAIMS OR SUITS BASED UPON THE CONTENT OF ANY ITEMS OR PERSONAL PROPERTY OF RIDERS, INCLUDING, WITHOUT LIMITATION, THE POSSESSION OR TRANSPORTATION OF ILLEGAL SUBSTANCES OR FIREARMS. VI. DOCUMENTATION. Client and Riders agree to comply with all immigration, naturalization, customs, and other laws regulating the entry and exit to and from the United States and Mexico. It is the exclusive responsibility of Client and Riders to ascertain, obtain and comply with the travel requirements imposed by any authority and must present the proper identification and all entry, exit, transit, passports, visas and/or other documents required to enter the United States and Mexico. Provider will have no responsibility for any delays, detentions, or denials of entry of Riders at the port of entry. Provider reserves the right to deny transportation to Riders that do not present the required documentation or whose identity does not correspond to the one indicated on their identification documents. VII. SEATBELT POLICY. Riders are required to wear seatbelts at all time. Drivers may refuse to transport any passenger who refuses to wear a seatbelt, unless Client or the passenger has given prior to the Trip a written authorization from a licensed medical professional stating that the passenger cannot wear a seatbelt for physical or health reasons. VIII. BINDING ARBITRATION. This Agreement is subject to binding arbitration. All parties to this Agreement agree that the Federal Arbitration Act, 9 U.S.C.A. Section 1 et. seq., shall be the governing law relating to the scope and enforceability of this binding arbitration agreement, provided however, in the event the Federal Arbitration Act does not apply as a matter of law, then, alternatively, the parties agree to binding arbitration under the Texas Arbitration Act, Section 171.001 et. seq., Texas Civil Practice & Remedies Code, and under Texas common law governing arbitration. All claims, causes of action, demands, disputes, controversies and/or differences that may arise between any or all parties to this Agreement (including the owners, officers, agents, representatives and employees of each party) of whatever nature or kind, before or after closing, including, without limitation, disputes: (1) as to events, representations or omissions, which predate this Agreement or which involve the negotiation of this Agreement; (2) arising out of or in any way relating to this Agreement or its subject matter; (3) relative to the construction contemplated by this Agreement; and/or (4) as to injuries or damages, repairs or other claims arising after the Trip made subject of this Contract is completed, shall be submitted to and settled exclusively and finally by binding arbitration, the costs, fees and expenses of which (such as the arbitration filing fees and arbitrator compensation) will be taxed and shared equally among and paid equally by each of the parties to the dispute. Such Arbitration shall be administered by Texas Arbitration Mediation Services, Inc. (“TAMS”) (or any by other Arbitrator who is mutually-acceptable to Provider and Client) in the City of El Paso, El Paso County, Texas, in accordance with its Rules of Arbitration. The Arbitration shall be conducted by one (1) single, qualified and neutral Arbitrator. The Arbitration shall be conducted in English. If either party or any of their witnesses requires the services of an interpreter, that party shall make the necessary arrangements and pay for same. The Arbitration Award shall be by a written decision and shall be final, binding and enforceable by any Court of competent jurisdiction in El Paso County, Texas. All parties to this Agreement understand, acknowledge, and freely and voluntarily stipulate that they each are knowingly waiving their rights to file a lawsuit/civil action in any Court of Law, and are knowingly WAIVING THEIR RIGHT TO A JURY TRIAL, to assert any claim, demand or cause of action or to otherwise seek any remedy based on any dispute related to this Agreement or otherwise listed or referenced in this paragraph. The parties to this Agreement further stipulate that, prior to initiating/filing any demand for arbitration and prior to the commencement of the arbitration, the aggrieved parties shall first submit their dispute(s) to and participate in and complete a half-day, non-binding mediation session at Texas Arbitration Mediation Services, Inc. (or with any other mediator who is mutually-acceptable to Provider and Client) in the City of El Paso, El Paso County, Texas, under its Mediation Rules, where they shall attempt in good faith to settle their dispute(s), with each party equally bearing their own costs, expenses and fees of mediation charged by the mediator. Inasmuch as this Agreement provides for Mandatory, Binding Arbitration of disputes, then, if any party disregards this Binding Arbitration Agreement and commences/files a lawsuit/litigation in any court of law against another party to this Agreement relating to any dispute(s) referenced herein (and thus, in violation of this Agreement), such party shall reimburse the other parties to the litigation for all of their attorneys’ fees, costs, and expenses incurred in seeking an abatement of such litigation and/or enforcement of this Binding Arbitration Agreement.