Terms & Conditions of Travel

Payment. Payment of the total amount due, as stated on the trip sheet, is required in full before or at the time of pick up and is non-refundable except as expressly provided in this Contract. (1a.) All credit and debit card transactions will incur a surcharge of three percent (3%) of the transaction amount, which does not exceed Company’s cost of acceptance and is disclosed to Client prior to the transaction. (1b.) Acceptable payment methods are cash, corporate check, cashier’s check, Venmo, Cash App, Bitcoin, Zelle, PayPal, or credit/debit card presented with photo identification. Company does not accept personal checks. The authorization hold is not applied as a payment toward services. Client authorizes Company to charge the payment method on file for all amounts due under this Contract, including the total amount due, overtime, damage, fines, tolls, and fees as set forth herein.

Security Hold. A security hold of $250 or $500 (as applicable based on vehicle type and group size, the “Hold”) is required at the time of booking and is refundable only if there are no violations of this Contract. The authorization hold is not applied as a payment toward services. All trips are subject to a $500 authorization hold inside the 15-day cancellation window at the sole discretion of Company.

Cancellation & Date Changes. Cancellations may be made at any time up until fifteen (15) days prior to the reservation date without penalty. A cancellation fee of $500 per vehicle will be charged to the credit card of the Client on file for any cancellation made within fourteen (14) days of the reservation date. Cancellations must be submitted in writing via the Company website form or email to info@calipartybus.com; phone or voicemail requests are not accepted. All pre-arranged items, including but not limited to parking passes, permits, lodging, beverage packages, and any other items listed on the trip sheet, are nonrefundable and non-transferable. Cancellation fees are non-negotiable. One (1) date change per reservation inside the cancellation window is permitted; the new date must be within twelve (12) months of the original service date, selected at the time of cancellation, and an additional Hold of $250/$500 is required for the new reservation. The original Hold will be applied as a credit toward the rescheduled reservation. The cutoff time to apply the cancellation credit to a new reservation is the pick up time and date of the original reservation. Additional date changes will result in forfeiture of the cancellation credit. Date changes must be submitted in writing via web form or email to info@calipartybus.com.

Late Cancellation. If Client attempts to cancel this Contract within one (1) hour of pickup or after pick up has occurred, Company is authorized to charge the credit card of Client on file the remaining balance in full.

Overtime. Overtime will be permitted upon vehicle availability and is not guaranteed. Overtime is billed for every thirty (30) minutes (or portion thereof) over the contracted time at the applicable hourly rate, and will be collected at the end of the trip or charged to the credit card of the Client on file. Unused time is non-refundable.

Termination for Misconduct. Company has the right to terminate service for any form of abuse, behavior deemed inappropriate, or Contract breach, without refund. In the case of misconduct, drug use, or any other violation of this Contract by Client or members of Client’s party, or if the Driver is or feels threatened or otherwise deems the party unruly or endangering the safe operation of the vehicle, the Driver has the right to terminate this Contract without refund and drop passengers off at the nearest safe location. This is intended for the safety of the Company and the Client. Company also reserves the right to expel any person from the vehicle for any reason mentioned above or any other misconduct.

Vehicle Damage. Company inspects each vehicle before, during, and after each rental. In the event of damage to the vehicle, Client assumes full financial liability for any and all harm and damage proven to be directly and actually caused by Client or any members of Client’s party during the service, provided that Client receives prompt written notice of any such damage. Client may be charged the amounts listed below, per occurrence, where Client or its party directly and actually causes the following occurrences, provided that Company shall bear the burden of proof and provide Client with evidence regarding any such alleged occurrence. The parties agree that these amounts represent a reasonable pre-estimate of cleaning, repair, and loss-of-use costs that would be difficult to ascertain precisely, and not a penalty:

A. Smoking in vehicle	$250.00	B. Ripped or damaged upholstery	$500.00
C. Broken window	$1,200.00	D. Vomit in or on the vehicle	$250.00
E. Excessive mess in the vehicle	$250.00–$1,000.00	F. Breaking of lights	$250.00
G. Breaking of television or air conditioner	$750.00	H. Breaking of a stereo	$500.00
I. Discharge of fire extinguisher	$500.00

Each amount above is charged per occurrence. Other damage not listed may occur and will be assessed a reasonable repair fee by Company, per occurrence, supported by documentation.

Alcohol & Age Restrictions. Alcohol consumption by persons under the age of 21 is strictly prohibited in the vehicle, and alcohol consumption by persons age 21 or older is prohibited if any person under the age of 21 is present on the vehicle. Company reserves the right to check the identification of any passenger at any time and for any purpose. Company reserves the right to refuse service to persons who appear to be under the influence of drugs and/or unable to care for themselves, or who are objectionable to another passenger. No person may use any illegal narcotics or controlled substances in the vehicle. In the event of underage alcohol consumption or illegal drug use, service will be terminated immediately and without refund. Service to “mixed age groups” of guests over and under 21 is prohibited unless pre-approved by Company under special circumstance. Client shall be responsible for and shall pay all fines and penalties assessed by state and/or local authorities as a result of any violation of law by Client or Client’s party. (7a.) For all groups under the age of 21 where alcohol is present, a designee will be assigned to the charter at Client’s expense. The designee will read all passengers the following statement: “Consumption of alcoholic beverages by persons under 21 years of age is illegal. It is also illegal for an adult to provide alcoholic beverages to a person under 21 years of age. If you consume alcoholic beverages, this trip will be terminated and all payments for transportation services shall be forfeited and not subject to refund.” The designee will enforce all regulations stated within this Contract and in accordance with California Assembly Bill 45, in which the designee has been trained. Please note — Company maintains a zero-tolerance policy for alcohol onboard if any one passenger is under 21 without a legal guardian present.

Contraband. Drug use in the vehicle is prohibited by law. All contraband and items considered “weapons” are strictly prohibited in the vehicle. Company reserves the right to inspect all belongings of Client and members of Client’s party for drugs and contraband.

Fines, Tolls. Any fines charged to Company due to the unlawful actions of Client or Client’s party will be charged to the credit card of Client on file. These include but are not limited to fines related to underage drinking, overcapacity, jumping on top of the vehicle, and throwing trash or littering out of the vehicle.

Parking. Parking is not included in the cost of the service and must be purchased separately. Many venues, including Levi’s Stadium, Shoreline Amphitheatre, Oracle Park, Oakland Arena, Concord Pavilion, and others, require oversized, limo, or bus parking. Where a parking pass is required, Company may purchase it on Client’s behalf, and the cost will be added to the amount due and charged to the payment method on file. Parking passes purchased by Company on Client’s behalf are non-refundable and non-transferable, consistent with the Cancellation & Date Changes section.

Personal Property. Neither Company nor its agents or employees shall be liable for any personal property of Client or members of Client’s party that is misplaced, damaged, stolen, or left in the vehicle.

Financial Minimums. All trips have a financial minimum to use the service. Sunday through Friday requires a four (4) hour financial minimum. Saturday requires a five (5) or six (6) hour minimum depending on start time. Pick ups between 1:29 PM and 7:31 PM have a six (6) hour minimum and are considered “peak rates.”

Capacity. The number of passengers shall not exceed the seating capacity listed on the Company website for the applicable vehicle size category. Client is responsible for ensuring that the passenger count does not exceed that capacity at any time. Company and its Driver may refuse to transport, or may remove, any passenger in excess of the listed capacity, and Client remains responsible for any fines arising from overcapacity under the Fines, Tolls section.

Limitation of Liability. Except in the case of willful misconduct or gross negligence of Company, its agents, or employees, and except for any liability that may not lawfully be waived (including, without limitation, liability that a common carrier may not disclaim under California law), Client hereby waives any and all claims against Company, its agents, or employees for injury, loss, or damage, including consequential damages, to Client or members of Client’s party’s person or property from whatever cause. Client waives any right of subrogation with regard to the same. Any injury must be reported promptly to the Driver of the vehicle; injuries not promptly reported are treated as if they did not occur during the Contract.

Indemnification. To the fullest extent permitted by law, Client shall indemnify, defend, and hold harmless Company and its members, agents, and employees from and against any and all claims, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) the acts or omissions of Client or any member of Client’s party, (b) any breach of this Contract by Client, or (c) any violation of law by Client or Client’s party in connection with the service.

Weather, Access & Delays. All rentals and itineraries are subject to weather conditions and commercial vehicle accessibility. If conditions or addresses provided by Client are deemed by Company to be unsafe or inaccessible, Client will be contacted with as much notice as possible, and Company will make all reasonable efforts to suggest alternate locations for safe access. Cancellation requests submitted by Client as a result of an address deemed by Company inaccessible are not eligible for waiver of the cancellation policy. Any cancellation due to weather will be eligible for a reschedule at the next available date or a full refund of the deposit or paid amounts. Company does not guarantee arrival at or departure from any point at a specific time due to circumstances beyond its control, such as accidents, breakdowns, traffic and road conditions, and storms, and shall not be held liable for claims resulting from delays caused by such conditions. Company cannot be held responsible for delays or inconveniences due to unforeseen mechanical failures or situations deemed “Acts of God,” provided that Company uses reasonable efforts to mitigate any such delay.

Breakdown & Substitution. In the event of a vehicle breakdown, all efforts will be made to supply a replacement vehicle. If a replacement vehicle is sent and/or Client refuses a replacement vehicle, no refund is due. If no replacement vehicle is available, any refund shall be limited to the amount paid by Client. Company is not responsible for fulfilling itineraries developed by Client that indicate a time Client expects to arrive at certain locations after the initial pick-up time. Company reserves the right to substitute the reserved vehicle for any reason and will make a good-faith effort to notify Client and to substitute a similar type of vehicle.

Dispute Resolution & Arbitration. Except for an action to compel arbitration or to confirm, modify, vacate, or enter judgment on an arbitration award, any dispute, claim, or controversy arising out of or relating to this Contract shall be resolved by binding arbitration administered by a recognized arbitration provider (such as JAMS or the American Arbitration Association) under its applicable consumer rules, before a single arbitrator, seated in Alameda County, California. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined with an arbitration involving any other current or former customer of Company, whether through class arbitration or otherwise. Each party shall bear its own attorneys’ fees and costs except as required by applicable law or as the arbitrator may award to a prevailing party.

Governing Law & Venue. This Contract shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the Dispute Resolution & Arbitration section, the exclusive venue for any permitted court action shall be the state and federal courts located in Alameda County, California.

Severability. If any provision of this Contract is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.

Notices. All notices required under this Contract, including cancellations and date changes, must be in writing and sent via the Company website form or email to info@calipartybus.com. Notices to Client may be sent to the email or phone number provided by Client at booking. Notice is deemed given upon transmission.

Entire Agreement; Construction. These Terms constitute the entire Contract between Client and Company with respect to all subject matter covered herein and supersede all prior communications, representations, understandings, and agreements, whether oral or written. This Contract shall not be construed against the drafting party by reason of that party having drafted it. No waiver of any provision shall be deemed a waiver of any other provision or of the same provision on another occasion.

Authority; Electronic Signature; Counterparts. By signing below, Client’s authorized signatory agrees to all stated terms and conditions and represents that he or she is at least eighteen (18) years of age and has full legal capacity and authority to bind Client to this Contract. This Contract may be executed electronically and in counterparts, each of which is deemed an original and all of which together constitute one instrument.