Brokerage Agreement For Charter Transportation Services
This Brokerage Agreement for Charter Transportation Services (“Agreement”) is entered into as of the date of signing by and between Broadway Bus Lines (“Broker”), a transportation brokerage company with its principal place of business at 447 Broadway, New York, NY 10013, and the Client (Client Name and address are as per the attached invoice). This Agreement governs the procurement of charter transportation services by the Client, to be provided by an independent third-party motor carrier (“Bus Company”), arranged by Broadway Bus Lines on behalf of the Client. The parties to the Agreement hereby agree as follows:
General Roles and Relationships
1.1 Broker’s Role: Broadway Bus Lines acts as a broker for motor carriers of passengers. Broadway Bus Lines is not a motor carrier, nor does it control any motor carrier. Broadway Bus Lines does not agree to perform any activities that would construe it to be a motor carrier, notwithstanding any terms specified or implied herein to the contrary.
1.2 Client’s Role: The Client is a chartered party, or a person authorized by and acting on behalf of a chartered party, that desires to receive transportation by motor carrier for the members of the chartered party. The Client desires Broadway Bus Lines to arrange for such transportation with a Bus Company.
1.3 Agency Relationship: Broadway Bus Lines shall act as the Client’s agent in arranging transportation of the chartered party by motor carrier and shall bind the Client to a charter transportation contract with a Bus Company. Broadway Bus Lines shall not be a party to, or have any obligations under, such charter transportation contract between the Client and the Bus Company.
Reservations and Deposit
2.1 Reservation Process: Reservations for charter transportation services may be made electronically through Broadway Bus Lines’ website or by telephone. Broadway Bus Lines is not responsible for any confirmation of the Client’s reservation that is lost or not received when booking online. It is the Client’s responsibility to confirm the reservation via email or phone.
2.2 Reservation Confirmation: A reservation confirmation shall include the amount payable by the Client to Broadway Bus Lines (“Reservation Rate”) for arranging the specified charter transportation service, inclusive of the amount payable to the Bus Company and a brokerage fee for Broadway Bus Lines. The Client understands that rates may differ from those offered by the Bus Company directly.
2.3 Deposit and Payment: For reservations made fourteen (14) or more days prior to the scheduled date of service (“Date of Service”), a deposit of at least twenty-five percent (25%) of the Reservation Rate is required. Full payment is due no later than fourteen (14) days prior to the Date of Service. Payment shall be made to Broadway Bus Lines, not directly to the Bus Company.
2.4 Payment Authorization: The Client authorizes Broadway Bus Lines to initiate charges to the Client’s checking account, savings account, or credit card account provided at the time of reservation for any unpaid amounts. If payment is not received, Broadway Bus Lines may cancel the reservation at its sole discretion.
2.5 Reservation Changes: The Client may change a reservation subject to availability, payment of applicable charges, and approval by the Bus Company. All reservations are final, and payments are non-refundable.
Cancellations and Refunds
3.1 Client Cancellation:
Cancellations made more than fourteen (14) days prior to the Date of Service will be refundable less a cancellation fee.
Cancellations made fourteen (14) or fewer days prior to the Date of Service will result in a cancellation fee equal to the entire Reservation Rate.
3.2 Broker Cancellation: Broadway Bus Lines may cancel a reservation at any time prior to the Date of Service. In such cases, all amounts paid by the Client will be refunded, and Broadway Bus Lines shall have no further liability.
3.3 Bus Company Failure: If the Bus Company fails to provide the charter transportation service due to breakdown or breach of contract, the Client’s sole recourse shall be against the Bus Company. Broadway Bus Lines will provide reasonable assistance in pursuing a claim against the Bus Company.
3.4 No-Show by Client: If the Client’s chartered party is not at the scheduled pick-up location and cannot be contacted within sixty (60) minutes of the scheduled time, the reservation will be deemed canceled by the Client, and the Client shall be liable for the full Reservation Rate.
3.5 Inaccurate Location: If the Client provides an inaccurate or inaccessible location, and the Bus Company cannot resolve the issue, the reservation will be deemed canceled by the Client, and the Client shall be liable for the full Reservation Rate.
Rates and Payment
4.1 Rate Changes: All advertised rates are subject to change without notice and may be adjusted at any time prior to confirmation by Broadway Bus Lines.
4.2 Additional Charges: The Client may be liable for additional charges imposed by the Bus Company, including but not limited to overtime, tolls, parking fees, and clean-up fees.
Broadway Bus Lines will administer these charges on behalf of the Client and may add a twenty percent (20%) fee for its services.
4.3 Credit Card Fees: A 3.5% credit card transaction fee will be added to all credit card payments. This fee is non-refundable.
4.4 Payment Disputes: The Client agrees not to dispute any fees or charges made in accordance with this Agreement. If the Client disputes any charges, Broadway Bus Lines may recover related fees, including attorneys’ fees and court costs.
Charter Transportation Services
5.1 Broker’s Role: Broadway Bus Lines is not a motor carrier and does not provide transportation services. It merely arranges for the services of independent third-party motor carriers.
5.2 Bus Company Responsibility: The Client acknowledges that Broadway Bus Lines is not responsible for the acts or omissions of the Bus Company, including delays, service quality, or vehicle conditions.
5.3 Vehicle Conditions: Broadway Bus Lines does not guarantee specific bus models, amenities, or functionality, including HVAC systems, on-board lavatories, or entertainment systems.
5.4 Trip Termination: The Bus Company may terminate a trip if the Client or passengers violate safety rules, possess illegal substances, or attempt to compel the driver to exceed legal driving limits.
Warranties and Limitations of Liability
6.1 No Warranties: Broadway Bus Lines makes no warranties, express or implied, regarding the charter transportation services or buses. The services are provided “as is” and “as available.”
6.2 Limitation of Liability: Broadway Bus Lines shall not be liable for any special, consequential, or indirect damages arising from this Agreement or the charter transportation services. Broadway Bus Lines’ total liability shall not exceed the amount paid by the Client.
6.3 Force Majeure: Broadway Bus Lines shall not be liable for delays or failures caused by circumstances beyond its control, including traffic, mechanical breakdowns, or natural disasters.
Indemnification
The Client agrees to indemnify and hold harmless Broadway Bus Lines, its affiliates, and its employees from any claims, damages, or liabilities arising from the Client’s use of the charter transportation services, violation of this Agreement, or failure to obtain necessary licenses.
Governing Law and Dispute Resolution
8.1 Governing Law: This Agreement shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.
8.2 Arbitration: Any disputes arising from this Agreement shall be resolved through binding individual arbitration under the American Arbitration Association’s rules. The Client waives the right to a jury trial or class action.
8.3 Venue: Any judicial proceedings must be brought in the federal or state courts located in New York, New York.
Miscellaneous
9.1 Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
9.2 Assignment: The Client may not assign this Agreement without Broadway Bus Lines’ written consent. Broadway Bus Lines may assign this Agreement without restriction.
9.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Broadway Bus Lines
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
Client
By: ___________________________
Name: ________________________
Title: _________________________
Date: _________________________
+1 878 789 7860