Bus.com Terms of Service

WELCOME ABOARD BUS.COM!

 

Legally Binding Contract

These terms of service (“Terms”) constitute a legally binding agreement between the entity identified on the Bus.com order form (“you”/”your”) and 9139249 Canada Inc. (“Bus.com”), a company registered under the laws of Canada.  These Terms govern the access and use by you of any platform, applications, websites, content, products and services made available by Bus.com in connection with requests for ground transportation from third-party carriers (“Services”) and are expressly incorporated into and made a part of the order form. These Terms expressly supersede prior agreements or arrangements with you and Bus.com regarding the provision of Services.

 

Amendment

Your access to and use of the Services is subject to these Terms as may be modified or updated by Bus.com from time to time, effective upon posting an updated version of these Terms on the Bus.com website.  Notices of any such modifications or updates will be sent to you via email, through the Services, or by updating the date at the top of these Terms. You are responsible for updating contact information and regularly reviewing these Terms for changes and information from Bus.com. Continued use of the Services after any such modifications or updates shall constitute your consent to such changes. Bus.com will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof). Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).

 

Bus.com Services

Bus.com is not a common carrier or bus rental company, does not own a fleet of vehicles, and does not provide transportation services as such. Rather, the Services consist of facilitating – via Bus.com’s proprietary booking platform and related technology – transportation arrangements with, and payments to, third-party vehicle operators that have an agreement with Bus.com (“Third-Party Carriers”). Third-Party Carriers are independent contractors, and are not partners, agents, joint venturers or employees of Bus.com. Third-Party Carriers are solely responsible for the transportation services requested by you.

 

Platform License

Subject to your compliance with these Terms, Bus.com grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license: (i) to access and use the Bus.com booking platform and related technology solely in connection with your use of the Services; and (ii) to access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Bus.com.

 

This license does not give you any right to, and you may not: (i) circumvent or bypass any technological protection measures in or relating to the Services; (ii) disassemble, decompile, decrypt, hack, emulate, impair or reverse engineer any Bus.com technology or other aspect of the Services that is included in, or accessible through, the Services; (iii) publish, copy, modify, license, rent, lease, sell, resell, distribute, transfer, broadcast, publicly perform or otherwise exploit the Services, except as permitted by Bus.com; (iv) transfer this license, or any rights to access or use the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services;  (vi) use the Services in any unauthorized way that could either interfere with anyone else’s use of them, or hinder the functionality of any part of the Services;  (vii) enable access to the Services by unauthorized third-party applications; and/or (viii) remove any copyright, trade mark or other proprietary notices from any portion of the Services.

 

Your Account

In order to access certain features of the Services, you are required to create an account with Bus.com (“Account”), and in the process, submit to Bus.com certain personal information as well as a valid credit card as a payment method (such as Visa, MasterCard or Amex). You must provide accurate, current, and complete information during the registration and booking process, and keep your Account up-to-date at all times. Your failure to maintain accurate, current, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. Based on information you provide, Bus.com may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, imposing monitoring duties or other requirements). You may not assign or otherwise transfer your Account to any other person or entity.

 

You are, and will be solely responsible for all activity that occurs through your Account, including keeping your Account password secret and secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You will immediately notify Bus.com of any actual or suspected unauthorized use of your Account. Bus.com is not responsible for your failure to comply with this provision, or for any delay in shutting down or protecting your Account unless you have duly reported the unauthorized access.

 

Privacy

Bus.com is firmly committed to protecting the privacy of your personal information and the personal information of any passengers. By using the Services, you acknowledge and agree that Bus.com’s collection, usage and disclosure of this personal information is governed by the Bus.com Privacy Policy, located at https://www.bus.com/privacy-policy/. The Privacy Policy describes the sources through which Bus.com collects personal information and the business and commercial purposes for which such information is used and shared.

 

Commercial Electronic Messaging

By creating an Account, you agree that Bus.com may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of normal business operations relating to the use of the Services, as well as marketing and promotional messages about any related products or services. You may opt-out of receiving commercial electronic messages at any time. You acknowledge that opting out of receiving electronic messages may impact your use of the Services.

 

Bus.com Fees

Bus.com has the authority and reserves the right to determine fees applicable to reserving a vehicle. At the time of booking, Bus.com will provide a quote based on (i) duration, dates and distance of a specific trip; (ii) type of vehicle selected; (iii) pick-up times and locations; and (iv) any requested ancillary services. The quote is time-limited and subject to change unless you confirm the order or make payment within the timeframe set out in the quote. You are responsible for reviewing the quote, for confirming the details of the trip when so prompted by Bus.com, and for all fees incurred in connection with the Services, regardless of your awareness of such fees or the amounts thereof (e.g., highway tolls).  Additional fees may apply, as more fully described below. Where practicable, Bus.com will endeavour to inform you of any additional fees prior to commencement of the trip.  Bus.com may change the fees for the Services from time-to-time by providing you with reasonable advance notice. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and service, other taxes, fees or charges now in force or enacted in the future.

 

Included below are fees associated with requests, transactions, events, or actions that may occur when you use or access the Services. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.

 

  • Service Fee. Where any payment is made by credit card, Bus.com will assess payment processing fees.
  • Repair/Cleaning. If damage is caused to a vehicle or property that requires repair or cleaning, you agree to pay the reasonable costs of any such repair or cleaning (“Damage Fee”). The amount of the Damage Fee shall be reasonably determined, in Bus.com’s sole discretion, based on the type of damage and the severity. Bus.com reserves the right (but is not obligated) to verify or otherwise require documentation of damages from the Third-Party Carrier prior to processing the Damage Fee. Bus.com will facilitate collection of the Damage Fee on behalf of the Third-Party Carrier using any payment method designated in your Account. Any Damage Fees will be transferred by Bus.com to the applicable Third-Party Carrier and are non-refundable.
  • Security Deposit. Evening and/or overnight trips, and trips with open alcohol containers (where expressly permitted by Third-Party Carriers) are subject to a deposit in an amount reasonably determined by Bus.com, but in no case less than $250 per vehicle. The deposit will be refunded to you following completion of the trip, provided no damage or undue soiling has occurred to any vehicle.
  • Change Requests. The fare quoted by Bus.com is based on information you provided at the time of the booking. If your booking information is inaccurate or incomplete, or the destination or itinerary changes following confirmation of your booking, additional costs may apply. Changes to your trip will incur an administrative processing fees of $100 for a change requested under 72 hours before your trip in addition to any additional costs. There are no exceptions to these processing fees.
  • Other Fees. Other fees and surcharges may apply to your trip, including tolls, airport fees, parking fees, state or local fees, gratuities, fuel surcharges (to reflect increases in fuel costs), overtime fees, driver accommodations, and any other expenses incurred directly by Third-Party Carriers in providing services to you. You are financially responsible for all such fees, expenses and surcharges.
  • Insufficient Funds. Declined transactions and returned checks (whether due to insufficient funds, stop payment, or otherwise) will result in a $30 banking fee.
  • Late Payment. Amounts past due shall accrue interest at a rate which is the lesser of: one and a half percent (1.5%) per month, or the maximum rate allowable by law. Any assessment of late fees shall be without prejudice to Bus.com’s right to suspend your access to and use of the Services, or to any other available remedy.
  • California School Pupil Activity. If you book a vehicle to transport K-12 grade students in California for school-related activities, a deposit representing 10% of the total amount  will be required at the time of booking.  This deposit is non-refundable.

 

Payment

Upon completion of your booking, Bus.com will facilitate your payment to Third-Party Carriers as the latter’s limited collection agent. Your payment to Bus.com satisfies your payment obligation to Third-Party Carriers for use of the Services.

 

Full payment must be received by Bus.com no later than 21 days prior to the designated departure date. If the booking is made less than 21 days prior to the departure date, full payment must be made upon your acceptance of the quote. Bus.com reserves the right to cancel any booking for which full payment is not timely made.  Bookings made less than 5 business days prior to the departure date shall be conditional upon Bus.com expressly confirming  availability of the selected vehicle and may be subject to additional terms and charges.

 

You must provide credit card details at the time of booking and keep a valid payment method on file with Bus.com to pay for all incurred fees. Bus.com will charge applicable fees to any valid payment method that you authorize, and Bus.com will continue to charge such authorized payment method for applicable fees until the Services are terminated, and you have paid in full any and all outstanding fees.  When you provide Bus.com a card payment method, you authorize Bus.com, or a third-party payments processor acting on behalf of Bus.com, to store your payment credential for future use in the event you owe Bus.com any amounts. You authorize Bus.com to use stored/updated payment credentials for balances, including for trip costs and related fees (e.g., late fees, security deposits, processing fees and claims costs, and associated administrative fees). You acknowledge that the fact that a payment card statement may reflect a charge from Bus.com does not necessarily mean that Bus.com sold the service, but rather that Bus.com facilitated payment processing, and that the Third-Party Carrier is the actual seller.

 

If you require a correction to be made to any fees, you must notify Bus.com in writing within 15 days of the invoice date, after which you waive your right to dispute the amount charged and Bus.com will have no further financial responsibility to you.

 

Change Requests

You may submit requests to change your itinerary. Bus.com reserves, however, the right to decline any such change request at its sole discretion. Depending on the requirements of your change, additional costs may apply. In addition, changes to your trip will incur an administrative processing fees of $100 for a change requested under 72 hours before your trip in addition to any additional costs. There are no exceptions to these processing fees.  

 

Cancellation

Vehicle Type

Economy Coach / Standard Coach / Premium Coach / Mini coach / Mini bus / Bus.com PLUS Coach Bus / Sprinter Van

Cancellation Period | Refund Amount

21 days* or more before departure date | 100% (less any Service Fee)

20 – 14 days before departure date  |  50% (less any Service Fee)

13 days or less before departure date  |  No Refund

 

Vehicle Type

School Bus

Cancellation Period | Refund Amount

7 days or more before departure date  | 100% (less any Service Fee)

6 – 3 days before departure date  |  50% (less any Service Fee)

Less than 3 days before departure date  |  No Refund

 

 

* Notes:  (1) For the purposes of the above table, the term “day” shall be deemed to be from 12:01 A.M. to 12:00 midnight. (2) Deposits paid for trips involving California K-12 students are non-refundable. (3) Special conditions may apply where two or more vehicles are requested, as more fully described in the quote. (4) Bus.com will not process refunds unless requested by you in writing within fifteen (15) days of cancellation.

 

Bus.com reserves the right to cancel a booking at any time. Bus.com’s sole and exclusive liability to you in the event of a cancellation initiated by Bus.com shall be a refund of amounts paid. Bus.com shall have no further liability to you, whether in respect of alternative arrangements, missed events or otherwise.

 

Changes to Rent a Bus bookings

You may submit requests to change any Rent a Bus booking that you have requested. Bus.com may accept or reject any such request at its discretion, and any acceptance shall be subject to payment of any additional fees. Any such change may result in an increase in the Rent a Bus fee plus an administrative processing fees of $100 for a change requested under 72 hours before your trip.

 

Itinerary. Rent a Bus bookings are quoted on the basis of time or mileage. Hourly cost is calculated from the requested departure time to the last drop off time. The quoted price is based on the information or itinerary we receive from you if you use this service. You must send us an accurate & detailed itinerary for your trip not less than two weeks prior to your departure date to the email address set out in the Quote or order confirmation, or as otherwise communicated to you from time to time.

 

Additional charges for Rent a Bus bookings. Prices do not include parking fees, tolls, fuel surcharges, or additional charges for changes in the scope of Services that result in additional mileage or driver hours. Additional charges will be charged to the client.

 

Your Conduct

You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of illegal or hazardous materials/substances) and in accordance with these Terms. When using the Services, you will not cause harm, nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Carrier or any other party, including Bus.com or any of its employees, agents or contractors. You will similarly not engage, or permit any other person to engage in any conduct which contravenes Bus.com’s User Guidelines which shall form part of these Terms.

 

Bus.com reserves the right, at any time and without prior notice, to suspend or terminate your Account and access to any Services, at its sole discretion, if Bus.com believes you are engaging in objectionable conduct, or violating the letter or spirit of any of these Terms.  Additionally, Bus.com reserves the right to refuse or terminate access to the Services to any passenger for any reason at Bus.com’s discretion to the full extent permitted under applicable law.

 

Non circumvent:

During the Term and for a period of one (1) year thereafter, Customer shall not deal with or enter into any agreement with the supplier(s) of the Service Provider who is/are involved in the performance of the Services in connection with any Services or any related services.

 

Vehicle size to serve requested routes

Operators will approach the closest, legal and safe loading zone that is possible in proximity to requested destination and departure locations.  It is the customer’s responsibility to ensure the vehicle type requested can travel the route safely in its entirety, and to notify Bus.com of any access challenges or private road restrictions at the time of booking.

 

Collection of Fees

Bus.com will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Bus.com, or the collection agency retained by it,  may also report information about your Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Bus.com reported to a credit bureau, please contact [email protected].

 

Bus Captains

Bus.com may ask you to appoint a passenger to act as the main point of contact for a specific trip (“Bus Captains”). Duties and responsibilities of the Bus Captain shall include, but not be limited to: (i) managing passenger boarding and vehicle tracking using the Bus.com application; (ii) moderating passenger group chats and responding to inquiries regarding the trip; and (iii) ensuring passenger satisfaction and comfort while on the vehicle. Selection of Bus Captains are subject to Bus.com’s final approval, which approval may be withheld at Bus.com’s sole and absolute discretion. Bus Captains shall receive, following completion of the trip, a refund of the ticket price in exchange for duly fulfilling their duties and responsibilities; no other compensation or disbursements shall be provided.  Bus.com may terminate a Bus Captain at any time upon notice.  Bus Captains are not employees, partners, mandataries, legal agents of Bus.com nor do they form any kind of legal partnership or joint venture with Bus.com. Bus Captains are not authorized to make any commitments on behalf of Bus.com and Bus.com will not make commitments on behalf of any Bus Captain, except as contemplated by the Services or expressly stated in these Terms.

 

Confidentiality

Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, names, addresses and other information regarding passengers, product designs, sales, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Bus.com’s Confidential Information includes all information that you receive relating to Bus.com or to the Services, that is not known to the general public.

 

Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms and in accordance with any other obligations in these Terms. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms.

 

Legal Regulations

Certain jurisdictions limit the amount of time a driver can be on-duty (after which the driver must have off-duty rest periods).  In such instances, you understand that if the trip takes longer than scheduled, it may be illegal for the driver to continue, in which case, the trip duration and itinerary may be affected and additional costs incurred. You agree to pay any such costs.

 

Disclaimers

The following disclaimers are made on behalf of Bus.com, its affiliates, successors and assigns, and each of their respective officers, directors, employees, agents, and shareholders.

 

Bus.com does not provide transportation services, and Bus.com is not a transportation carrier. Bus.com cannot ensure that a Third-Party Carrier will complete an arranged transportation service. Bus.com has no control over the quality or safety of the transportation that occurs as a result of the Services.

 

The Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. To the fullest extent permitted by law, Bus.com specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Bus.com does not guarantee and does not promise any specific results from use of the Services, including the ability to receive Services at any given location or time. Bus.com reserves the right, for example, to limit or eliminate access to the Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, safety regulations or changes in law. Bus.com does not guarantee that the Third-Party Carrier will furnish a vehicle that is identical to the image displayed on Bus.com’s website or other platforms. You acknowledge that the Third-Party Carrier may substitute smaller vehicles with larger ones.

 

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED BY YOU THROUGH THE USE OF THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. BUS.COM DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY CARRIERS. THIRD-PARTY CARRIERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF BUS.COM. BUS.COM DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES.

 

Bus.com does not warrant that your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Service is free of viruses or other harmful components. Bus.com expressly  disclaims liability for, and no warranty is made with respect to, connectivity and availability of the Services.

 

You are responsible for the use of your Account and Bus.com expressly disclaims any liability arising from the unauthorized use of such Account. Should you suspect that any unauthorized party may be using your Account  account or you suspect any other breach of security, you agree to notify us immediately.

 

Bus.com  is not responsible for the conduct, whether online or offline, of any Third-Party Carrier or any user of the  Services, including passengers. You are solely responsible for your interactions with Third-Party Carriers or other Services users. Bus.com does not procure insurance for, nor is Bus.com responsible for, personal belongings or any items left in any vehicle. By using the Services, you agree to accept such risks and agree that Bus.com is not responsible for the acts or omissions of passengers or Third-Party Carriers.

 

Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to personal injury, property or environmental damage. Bus.com does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Services. Bus.com shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Services.

 

Bus.com shall not be in breach of these Terms nor liable for failure or delay in performing obligations under these Terms if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; acts of or events related to the Third-Party Carrier (including driver illness or absenteeism); or any other cause, whether similar in kind to the foregoing or otherwise, beyond Bus.com’s reasonable control. Bus.com and you agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

 

Indemnity

You agree to indemnify and hold Bus.com and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Bus.com’s use of your information or content; or (iv) your violation of the rights of any third party, including Third-Party Carriers (“Losses”).

 

Limitation of Liability

BUS.COM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY CARRIER, EVEN IF BUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUS.COM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BUS.COM’S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, LOGISTICS OR OTHER SERVICES WITH THIRD-PARTY CARRIERS, BUT YOU AGREE THAT BUS.COM HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY CARRIERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.YOU ACKNOWLEDGE THAT THIRD-PARTY CARRIERS PROVIDING TRANSPORTATION SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL BUS.COM’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED CANADIAN DOLLARS (CAD $500).

 

Governing Law

These Terms shall be exclusively governed by and construed in accordance with the laws of the province of Quebec, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

 

Dispute Resolution

Unless prohibited by law, all disputes arising out of or relating in any way to: (i) these Terms, (ii) the Services, (iii) your access to or use of the Services, or (iv) advertisements, promotions or oral or written statements related to the Services or any other Bus.com branded product will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc., except as modified here. The arbitration will be in English or French as you choose. The arbitration may be held anywhere the arbitrator considers appropriate, including remotely by telephone or Internet. YOU UNDERSTAND AND AGREE THAT YOU AND BUS.COM MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS. YOU UNDERSTAND AND AGREE THAT YOU AND BUS.COM BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

 

The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.

 

Prior to commencing arbitration proceedings, the party with the claim will first try to informally negotiate with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by mutual agreement. During the negotiation period, any otherwise applicable limitation period will be temporarily suspended.

 

This arbitration agreement also applies to claims between you and Bus.com’s service providers, including but not limited to Third-Party Carriers, background check providers and payment processors; such service providers shall be considered intended third-party beneficiaries of this arbitration agreement. This arbitration requirement survives: (i) the termination of these Terms and (ii) the bankruptcy of any party. If any part of it is deemed invalid or unenforceable, the other parts remain in force.

 

Notwithstanding the foregoing provisions, (i) each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, or other intellectual property rights; and (ii) Bus.com reserves the right to collect any outstanding amounts you owe to Bus.com in a court of competent jurisdiction.

 

Feedback

Bus.com welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, or any Third-Party Carrier (collectively, “Feedback“) to Bus.com be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Bus.com (whether submitted directly to Bus.com or posted on any Bus.com hosted forum or page), you waive any and all rights in the Feedback and agree that Bus.com is free to implement and use the Feedback if desired, as provided by you or as modified by Bus.com, without obtaining permission or license from you or from any third party.

 

Term and Termination

This agreement is effective upon your acceptance of these Terms. You may discontinue use of the Services at any time upon providing notice to Bus.com.  Without limiting any other remedies, Bus.com may suspend or terminate your Account or these Terms for any reason, without notice and at any time (unless otherwise required by law) including for any suspected breach of these Terms. If Bus.com suspends your Account or terminates these Terms for a suspected or actual breach of these Terms,  (i) you will not be entitled to any refunds of any fees, pro rata or otherwise; and (ii) any outstanding balance owed to Bus.com for your use of the Services will immediately become due and payable in full.

 

Termination of the Services will be without prejudice to any rights or obligations which arose prior to the date of termination and will not release you from any obligations incurred prior to the termination. Termination of these Terms will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under these Terms and/or any fees due by you, and all of those terms will survive any termination of the Agreement.

 

Notice

Bus.com may give notice by means of a general notice on the Services, electronic mail to the email address indicated in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Bus.com by sending written communication to  610-4200 Saint-Laurent Boulevard, Montréal, Québec, H2W 2R2, c/o Legal Department.

 

General

These Terms, including the documents it incorporates by reference, constitute the entire agreement between you and Bus.com and govern your use of the Services and your Account, superseding any prior agreements between you and Bus.com (including, but not limited to, any prior versions of the Terms of Service).

 

Bus.com’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms will remain in full force and effect.

 

All the terms and provisions of these Terms will be binding upon and inure to the benefit of the parties to these Terms and to their respective heirs, successors, permitted assigns and legal representatives. Bus.com will be permitted to assign these Terms without notice to you or consent from you. You will have no right to assign or otherwise transfer your Account or these Terms, or any of your rights or obligations hereunder, to any third party without Bus.com’s prior written consent, to be given or withheld in Bus.com’s sole discretion.

 

If any provision, or portion of the provision, in these Terms is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms, and the Terms will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms.

 

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. You expressly waive the application of Sections 2125 and 2129 of the Civil Code of Quebec relating to early termination of agreements. The parties acknowledge that they have required that these Terms be drawn up in English. Les parties reconnaissent avoir exigé la rédaction en anglais des présents Termes. In the event of a conflict between the English and French versions, the former version will prevail.

 

 

Contacting Bus.com

If you have any questions about these Terms or the Services, please contact us at: [email protected]. Happy to help!

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LEGAL REGULATIONS: RESTRICTIONS ON DRIVER HOURS

 

United States

(U.S. Dept. of Transportation)

 

10-Hour Driving Limit

May drive a maximum of 10 hours after 8 consecutive hours off duty.

 

15-Hour Limit

May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.

 

60/70-Hour Limit

May not drive after 60/70 hours on duty in 7/8 consecutive days.

 

Adverse Driving Conditions*

Drivers are allowed to extend the 10-hour maximum driving time and 15-hour on-duty limit by up to 2 hours when adverse driving conditions are encountered.

 

 

Canada

(Transport Canada)

 

13-Hour Limit

May drive a maximum of 13 hours after 8 consecutive hours off-duty. Does not include other on-duty time such as preparing vehicle prior to departure, waiting for passengers, which may represent up to one additional hour, for a total maximum of 14 hours in a 24-hour day.

 

16-Hour Limit

May not drive after having been on duty for 16 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 16-hour period. Workday must include two hours of rest, with each rest period to last a minimum of 30 minutes.

 

Adverse Driving Conditions*

Drivers are allowed to extend the 13-hour maximum driving time and 15-hour on-duty limit by up to 2 hours when adverse driving conditions are encountered.

 

 

* “Adverse Driving Conditions” means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver before the driver began driving or could not reasonably have been known to them

 

 

 

 

 

 

BUS.COM USER GUIDELINES

 

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

 

  • Bring on board any vehicle: glass containers or kegs; drugs or other intoxicating or illicit substances; decorative or other non-personal objects; dangerous or hazardous goods; flammable or combustibles, including butane-operated grills; guns, knives or any other weapons; animals or pets; alcohol beverages (unless expressly permitted by Bus.com or the Third-Party Carrier.
  • Violate any rules set by Third-Party Carriers;
  • Engage in any illegal or disruptive behavior;
  • Allow minors to embark in any vehicle where open-container alcohol is present (unless such minor is accompanied by a parent or legal guardian);
  • Provide or submit any false or misleading information, including when creating an Bus.com Account;
  • Fail to pay any other amounts owed to Bus.com or to honor commitments made to Bus.com;
  • Be disrespectful to any Third-Party Carrier driver, passenger or event staff;
  • Engage in physically or verbally abusive or threatening conduct.

 

 

Last updated: September 22, 2022