BROKERAGE AGREEMENT FOR CHARTER TRANSPORTATION SERVICES
This Brokerage Agreement (“Agreement”) is made and entered into as on the date of signing, by and between Broadway Bus LLC (“Broadway Bus Lines”), a transportation brokerage company with its registered place of business at 11203 184th Pl NE, Redmond, WA 98052, USA, and the Client (“Client”), whose name and address are set forth in the attached invoice. This Agreement governs the procurement of charter transportation services by the Client, which shall be provided by an independent third-party motor carrier (“Bus Company”), arranged by the Broadway Bus Lines on behalf of the Client.
1. General Roles and Relationships
1.1 The Broadway Bus Lines is a broker for motor carriers of passengers. The Broadway Bus Lines does not operate as a motor carrier and does not own, lease, or control any buses or its owner in any manner whatsoever. The Broadway Bus Lines does not assume any obligations or liability of the Bus Company.
1.2 Client: The Client is a party/entity or an individual acting on behalf of a party/entity seeking transportation services with the help of the Broadway Bus Lines. The Client desires the Broadway Bus Lines to arrange for such transportation with a Bus Company.
1.3 Bus Company: The Bus Company is an independent third-party provider of charter transportation services. The Broadway Bus Lines shall act solely as an agent for the Client in arranging transportation, and the Broadway Bus Lines shall not be a party to the transportation contract between the Client and the Bus Company.
2. Reservations and Payment Terms
2.1 Reservations may be made electronically through the Broadway Bus Lines’s website or by telephone. The Broadway Bus Lines is not responsible for any lost confirmations due to spam filters or other technological issues.
2.2 A reservation confirmation shall include the total amount payable (“Reservation Rate”), inclusive of the fee payable to the Bus Company and the Broadway Bus Lines’s service fee.
2.3 All reservations that are made fifteen days prior to the scheduled date of service (“Date of Service”) require a deposit of at least [twenty-five] percent of the Reservation Rate or more at the discretion of the Broadway Bus Lines at the time of booking. The Broadway Bus Lines shall confirm the amount of the deposit at the time the Client makes a reservation. However, the Client is liable to make full payment, if not already made, fifteen days prior to the date of service.
2.4. All reservations that are made within zero to fourteen days from the scheduled date of service requires full payment.
2.5 The Client authorizes the Broadway Bus Lines to charge the provided payment method for any unpaid amounts. Failure to pay may result in cancellation of the reservation at the Broadway Bus Lines’s discretion without any liability whatsoever.
3. Cancellations and Refunds
3.1 If the Client cancels a reservation even before fifteen (15) days prior to the Date of Service, the Client is eligible for a refund after deduction of a cancellation fee. Cancellations made fifteen (14) days or lesser prior to the Date of Service will result in a cancellation fee equal to the full Reservation Rate and the Client will not be eligible to claim any refund whatsoever. The cancellation fees will have to be paid by the client regardless of whether such amount is already transferred to the Broadway Bus Lines.
3.2 Any cancellation request will have to be emailed at info@broadwaybuslines.com. Any other method of communication will not be accepted.
3.3 The Broadway Bus Lines reserves the right to cancel a reservation at any time before the Date of Service. In such cases, the Client will receive a full refund, but nothing more than the amount paid by the Client.
3.4 If the Bus Company fails to provide the service, the Client’s recourse is solely against the Bus Company. The Broadway Bus Lines will provide reasonable assistance in resolving claims but no liability will be borne by the Broadway Bus Lines.
3.5 If the Client provides an incorrect pickup location or time, or if the Bus Company is unable to access the location, the reservation may be deemed canceled by the Client, resulting in a cancellation charge equal to the full Reservation Rate.
4. Rates and Additional Charges
4.1 The Reservation Rate is based on the Client’s provided details. Any additional charges, including but not limited to, damage to buses, driver accommodations, tolls, parking fees, and overtime, will be charged to the Client additionally.
4.2 Client agrees not to dispute any fees or charges incurred as per the terms of this Agreement, including but not limited to cancellation fees, limitations of liability, dispute resolution terms, waivers, and any other provisions for which Broadway Bus Lines is exempted of any responsibility or for which the Client has expressly waived claims. In the event the Client disputes such fees or charges, Broadway Bus Lines reserves the right to charge the Client—and the Client agrees to pay—for any related fees imposed by financial institutions, attorneys’ fees and legal expenses, and any court or arbitration costs associated with enforcing or collecting payment. The Client shall also be responsible for any additional damages incurred by Broadway Bus Lines, including incidental and consequential damages, arising from or related to such a dispute. In case of any delay in payment due to litigation or arbitration, an interest rate of 25% per annum will be applicable and the Client agrees to pay the same.
5. Charter Transportation Services
5.1 The Broadway Bus Lines does not operate, control, or assume liability for the Bus Company. The Broadway Bus Lines only facilitates the booking as an intermediary and the payment process.
5.2 The Client acknowledges that vehicle conditions, including amenities such as air-conditioning, lavatories, and Wi-Fi, are not guaranteed and the Broadway Bus Lines is not liable for any glitches or malfunctioning in the bus.
5.3 The Bus Company has sole discretion to cancel a trip if passengers pose a danger to safety, violate regulations, or attempt to exceed allowable driving hours.
6. Liability and Indemnification
6.1 Broadway Bus Lines’s Limitation of Liability: The Broadway Bus Lines shall not be liable for any damages arising from delays or failure of the Bus Company to perform its obligations. In case or any untoward event during the journey, the Bus Company will be solely liable for the same and no liability should be incurred by Broadway Bus Lines. For any event, the Broadway Bus Lines’s liability is limited to the amount paid by the Client.
6.2 Indemnification: Client shall indemnify and hold harmless Broadway Bus Lines, its corporate affiliates, and each of its officers, directors, agents, contractors, subcontractors, licensees, and employees (collectively, “Broadway Bus Lines Affiliates”), and each of them, from and against any and all third-party allegations, demands, claims, liabilities, damages, fines, penalties, or costs of any nature whatsoever (including reasonable attorneys’ fees) (collectively, “Broadway Claims”), whether arising by reason of death or injury to any person, or loss of or damage to any property, or otherwise, and whether based in tort, contract, or otherwise, arising out of or in any way connected with:
(a) any actual or alleged violation or breach by Client (including any of Client’s employees, contractors, agents, or passengers) of any term or condition of this Agreement;
(b) any violation of applicable laws, rules, or regulations;
(c) Client’s use of the websites or digital platforms operated by Broadway Bus Lines or its affiliates, including any access by Client’s employees or contractors on behalf of Client or any third party;
(d) any failure by Client to obtain or maintain the licenses, permissions, or consents required under this Agreement;
(e) any negligent or intentional act or omission of Client or any of Client’s employees, contractors, agents, or passengers.
If any Broadway Claim is made or any action or proceeding is brought against any of the Broadway Indemnitees, such Broadway Indemnitee may, by written notice to Client, require Client, at Client’s sole cost and expense, to defend such Broadway Claim or to take over the defense of any such action or proceeding. Client shall retain and compensate counsel reasonably acceptable to the affected Broadway Bus Lines Affiliates. Client’s indemnity, reimbursement, and contribution obligations under this section are in addition to any other liability or obligation Client may have under this Agreement or applicable law, and shall apply fully to all Broadway Indemnitees.
Client and Broadway Bus Lines agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the charter transportation services shall be resolved pursuant to this section, unless otherwise agreed by the parties in writing.
7. Dispute Resolution and Governing Law
7.1 This Agreement shall be governed by the laws of the State of New York.
7.2 Any disputes shall be resolved through binding arbitration in New York, NY, under the rules of the American Arbitration Association. The seat of arbitration will be New York and the arbitration shall be conducted by the sole arbitrator. The fees of arbitration shall be borne by the Client and the Broadway Bus Line shall not be called for the payment of the arbitration fees.
7.3 The Client waives the right to participate in class action lawsuits against the Broadway Bus Lines.
8. Messaging Terms & Conditions
You agree to receive informational messages “Customer care” from Broadway Bus LLC. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at info@broadwaybuslines.com.. You can opt out at any time by replying STOP.”
9. Miscellaneous
9.1 If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect.
9.2 Notices shall be sent in writing to the Broadway Bus Lines at11203 184th Pl NE, Redmond, WA 98052, USA, or via email at info@broadwaybuslines.com.
9.3 This Agreement represents the entire agreement between the parties and any other communication shall not be deemed to be amended of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Broadway Bus Lines
Authorized Representative: ______________________
Date: ________________
Client
Authorized Representative: ______________________
Date: ________________
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