GENERAL TERMS AND CONDITIONS

1. PAYMENT
Final payment for charter service is due and payable at least fifteen (15) days in advance of the date of departure of the charter (the "Charter Date") or at time of booking depending on the date and type of order. Review your proposal for deposit information.
2. CANCELLATION: The Chartering Party must notify KGM Charters of cancellations via fax, phone or email. There is no cancellation fee if the cancellation is made at least fifteen (15) days prior to the Departure Date. Cancellations made within fifteen (15) days prior to departure to eight (8) days prior to departure will forfeit 50% of the total cost of the trip. Any Service cancelled within seven (7) days of departure, the Chartering Party will forfeit to KGM Charters the full amount of the trip.

3. ADDITIONAL CHARGES: When, at the request of the Chartering Party, any change in service resulting in additional miles or hours to that specified on the charter service order produced, an additional charge shall be made for such additional service. Where alcohol is involved, an alcohol deposit may be required. Alcohol and other security deposits are subject to vary. Tolls, highway fees, parking fees, etc. will be separate and additional elements in the determination of any additional charges. KGM Charters will notify the Chartering Party of any additional charges that may be expected to be incurred at the time of the original order. Any additional fees unforeseen prior to the departure of the charter are the responsibility of the Chartering Party.

4. EXTENDED DAY TRIPS: The Chartering Party is responsible for reserving and paying for a room for each driver. A thorough itinerary is required for extended day trips at least two (2) weeks prior to departure and the final itinerary must be received at least one (1) week prior to departure. Prices are subject to change based on the final itinerary.

5. DRIVER HOURS: Federal Department of Transportation safety regulations prohibit drivers to be on duty more than fifteen (15) hours per day, ten (10) of which are for driving (including a thirty (30) minute pre and post trip vehicle inspection). The driver must be given eight (8) consecutive hours off before resuming duties.

6. DAMAGES TO BUSES: The cost of repairing damage to buses resulting from acts of members of the Chartering Party shall be charged to the Chartering Party and is payable as soon as such cost is determined.

7. ARRIVAL TIME: The time of arrival at starting point, stop-over point, destination, or return to point of origin cannot be guaranteed. The Operators are pre-selected and have instructions to drive at all times in compliance to all governing laws. Unusual road, traffic and weather conditions are beyond the control of KGM Charters and the Operator, and delays occasioned by same will not be the responsibility of KGM Charters or the Operator. Late arrivals due to these and other occurrences out of the control of the Operator are not grounds for cancellation of the charter.

8. EQUIPMENT: (1) Equipment furnished by the service provider is thoroughly inspected before being assigned to the charter service to insure uninterrupted service. If for some reason beyond the control of KGM Charters or the service provider, a mechanical failure makes necessary the replacement of a bus originally assigned to the charter service, the replacement bus may be of a different type. VCR equipment is installed on some of the over the road motor coaches. Request for VCR equipped coaches will be honored to the best of our ability, but is not guaranteed. Only non-copyrighted videocassettes are permitted. The following is important information from a Summary Statement prepared by the Film Security Office of the Motion Picture Association of America Inc. provided for your information: "By law the prerecorded video cassettes available in stores throughout the United States are for HOME USE ONLY". The U.S. Copyright Act grants to the copyright owner the EXCLUSIVE right among others, "to perform the copyrighted work publicly," (U.S. Code Title 17, Sections 101 and 106). "Even performances in semipublic places such as clubs, lodges, factories, summer camps, and schools are public performances subject to copyright control." Companies, organizations and individuals who wish to publicly exhibit copyrighted motion pictures and audiovisual works MUST secure a license to do so. KGM CHARTERS AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED VIDEOCASSETTES. This requirement applies EQUALLY to profit making organizations and non-profit institutions. Purchases of prerecorded videocassettes and videodiscs do not change their obligations. In addition, public performance of videotape recordings made from televised motion pictures is a multiple copyright infringement. (2) Equipment size is not guaranteed and is only an estimate based on information at time of booking. What is guaranteed is that the vehicles provided will accommodate the number of passengers specified in the reservation confirmation.

9. BAGGAGE: Neither KGM Charters, nor the service provider, assumes any responsibility whatsoever for any personal property. Baggage and all other personal property will be processed only at passengers' own risk. Passengers' baggage shall be carried subject to the available accommodations (as determined solely by the service provider) provided by interior and/or exterior racks. A fifteen percent (15%) luggage handling charge may be applied to airport transfers.

10. OBJECTIONABLE PERSONS: KGM Charters and its service providers reserve the right to refuse to transport persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become, objectionable to other persons or if the driver feels threatened in any way.

11. CONDUCT OF PASSENGERS: Passengers shall not obstruct with the Operator in the discharge of his/her duty or tamper with any apparatus or appliance on the bus.

12. FIRE ARMS, EXPLOSIVES AND FIREWORKS: Possession of firearms, explosives and fireworks (whether in baggage or on the person) are strictly forbidden on the motor coach.

13. SKI-BOOT HOLDERS: Because or their hard shape corners which present a safety hazard, ski-boot holders may not be carried in baggage compartments underneath the bus. Passengers shall refrain from wearing ski boots inside the vehicle.

14. UNUSUAL CLEANING: In the event that the charter trip's activities require greater than normal amount of time and material necessary to clean bus properly upon its return to garage, KGM Charters, at its option, may require additional cost to cover such additional time and materials.

15. LIMITATION OF LIABILITY: NEITHER KGM CHARTERS, NOR THE SERVICE PROVIDER, SHALL BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR KGM CHARTERS OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT NEITHER KGM CHARTERS, NOR THE SERVICE PROVIDER, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY PARTY FOR AN AMOUNT GREATER THAN THE SINGLE BUS CHARTER FEE FOR THE DAY IN QUESTION.

16. FORCE MAJEURE: Neither party shall be liable for failure or delay in performing obligations set forth in this agreement, and neither party shall be deemed in breach of its obligations, if such failure or delay is due to natural disasters, strike, lock-out, or other industrial or transportation disturbances, law, regulation or ordinance, or any causes reasonably beyond the control of such party.

17. PRICES SUBJECT TO CHANGE: All prices quoted in the confirmation are subject to change under the circumstances described (a.) If the price of diesel fuel increases by more than twenty percent (20%) between the date of the confirmation and the date of the charter, KGM Charters may charge a fuel surcharge; (b.) If there is a change in the federal, state or local laws or regulations or market conditions between the date of the confirmation and the date of the charter that (i.) Require material modifications be made to the motor coach chartered under the confirmation prior to the date of the charter; (ii.) Cause KGM Charters to incur material additional or increased expenses in providing the charter services; (c) If due to market conditions or order discrepancies the estimated cost of the trip is higher than the initial estimate.

18. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, either oral or written with respect to the subject matter hereof.

19. NO ASSIGNMENT: The Chartering Party may not assign this Agreement or any of their respective rights, interests, duties or obligations hereunder without the prior written consent of the other party. KGM Charters may assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Chartering Party.

20. PROHIBITED ITEMS: The following items and activities are prohibited without the written consent of KGM Charters: (i.) Decorations; (ii.) Alcoholic Beverages (a fee, per bus, may be required if alcoholic beverages are allowed by KGM Charters and the service provider); (iii.) Smoking; (iv.) Glass containers; (v.) Golf shoes or other shoes with spikes; (vi.) Fuel containers; (vii.) Generators. No tap beer is allowed on any bus.

21. ADA / SPAB NOTICE: Any group that requires an ADA accessible or SPAB
Certified bus & driver is requested to inform KGM Charters in writing at the time of the reservation.