Terms and conditions

Terms & Conditions for Transportation Services

1. Introduction:

Welcome to KD Elite Transportation., Executive Bus Service Company located in Baltimore County, Maryland. The Terms and Conditions for Services (“Agreement”) is a binding Agreement between YOU, (hereinafter referred to as the “Customer”) and KD Elite Transportation, (“KD”) for charter bus transportation, and all other services that are agreed upon herein or amended in writing. Upon acceptance of the Service Contract, the parties hereto agree to abide by the terms and conditions herein and acknowledge that the provisions herein are a binding and enforceable contract.

2. Modification:

Any changes to this Agreement by KD shall be posted online and you will be notified of any such changes. Your continued use of the Services following KD notice of revised Agreement terms will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any subsequent revisions, you must notify us in writing via email at: sales@kdelitetrans.com.

3. Compliance:

1. KD strictly enforces all State and Federal Laws and maintains a zero-tolerance compliance policy that no alcoholic beverages can be consumed or used by any person not of legal, twenty-one (21) years old. Illegal drugs and all acts of violence, unruly activity, pornographic material or acts of disrespect or discourteous behavior are not tolerated and will be grounds for suspension of service at any time. Consumption of alcoholic beverages inside all vehicles is strictly prohibited. Driver has the absolute right to search the bags inside the vehicle for illegal substances at any time. Vehicles have maximum capacity, which will be strictly enforced. In the event any of these provisions are violated, the charter service may be suspended at any time at the discretion of the driver. In the event of such suspension of services, the full amount of the reservation will be billed, plus any additional applicable wait time charges; absolutely no refunds will be issued.
2. Federal Law restricts the driver to ten (10) hours per day and to be on duty fifteen (15) hours per day. The driver must have eight (8) hours off between days of service. This is from the time the driver parks the vehicle for the day until the driver begins pre-trip the next day before going to the pick-up location.

4. Limitation on Operation:

KD prohibits travel on unpaved roads. At no time will the driver operate vehicle on any type of dirt, gravel or any other type of unpaved road. Driver has ultimate authority of where he/she drives the vehicle. Dangerous roads that are too small to navigate can and will be avoided depending on the type of the vehicle. This provision cannot be modified. If a pickup or drop off location is inaccessible by paved roads it is the customer’s responsibility to get to and from the vehicle contracted for service.

5. Liability:

1. KD is not responsible for injuries that may occur while the vehicle is in motion or at a standstill which are not the direct result of driver error.
2. KD is not liable for any cancellations or delays due to inclement weather, mechanical or electrical difficulties, delays due to any type of traffic conditions, or any unforeseen events beyond the reasonable control of KD.
3. KD is not responsible for any belongings left while the client is in or out of the vehicle. The Customer is responsible for his or her guests during the transport. Upon driver’s determination that any of the above policies were violated, KD may terminate service to the Customer and shall be deemed to have fulfilled its contractual obligations to the Customer under the agreement.

6. Additional Charges:

1. The Customer agrees to be fully liable for all charges that may be incurred as follows:
   1. $250.00 minimum per damaged seat
   2. $100.00 minimum per damaged carpet
   3. $300.00 minimum per damaged mirror
   4. $250.00 minimum for extensive cleanup (spills, etc.)
   5. $50.00 for cleanup of gum in the carpet
   6. $250.00 minimum shampoo and disinfecting (due to sickness interior)
   7. $150.00 detailing and wax (due to sickness-exterior)
   8. $500.00 minimum for each burn hole, rip or tear to upholstery
   9. $250.00 minimum for each act of vandalism
   10. $250.00 per incident of smoking inside of the vehicle, ride will be terminated after second incident. (Smoking in the vehicle is strictly prohibited)
   11. $1,000.00 minimum opening a vehicle door into another vehicle or stationary object (It is advised to allow your driver to open your door)
   12. Inciting others to cause damage to the vehicle will result in charges for the damages that occur (i.e. yelling insults at pedestrians from the vehicle).
   13. This is not an exclusive list; any and all damages caused to the vehicle and or including loss of revenues for downtime during repairs can and will be charged to the credit card used to book this service. If credit card insufficient to cover the charges, to satisfy the damages, KD reserves the right to file suit in Baltimore County to recover the losses.
2. International flight pick-ups incur additional $25.00 total cost of services.
3. 30 Minute wait-time grace period, thereafter the hourly fee will apply as additional fee if the total trip exceeds the contracted time frame.

7. KD Assurances:

1. KD regularly inspects its vehicles to ensure the highest standards. KD will make every effort to provide the vehicle contracted for service. However, KD has the right to upgrade the vehicle or switch the vehicle in case of emergency breakdown or if the vehicle size/type contracted for is not available. Change of contracted vehicle will only occur in case of emergencies. No additional charges will be due from the customer if upgrade is made without customer request. Customer  agrees to accept the replacement vehicle without the right to cancel. If any of our contracted terms cannot be met due to conditions outside of our control, including weather, accidents, storms and any other circumstance, including, but not limited to, traffic congestion, road closures, accidents, flight delays, etc., KD will use reasonable efforts to notify the customer of these conditions and resulting delays or changes.
2. KD does NOT assure the availability of overtime on hourly rentals. In the event Customer requires a time change of the itinerary, so long as it does not violate the provisions of Paragraph 3(B) herein, KD may require payment of additional fees incurred such as overtime, tolls, parking etc., as a result. The Customer authorizes KD to charge all additional charges or fees on the Customer’s credit card on file or direct bill account.

8. Disputing Charges/Terminated Rides:

All disputed credit card charges are subject to an additional fee of $100.00, which will be charged as additional fees to the credit card on file.

By accepting services offered by KD, you waive your right to dispute the credit card charges for any reason. All disputes must be handled with KD directly. Disputes can be initiated by telephone at (410) 777-5553 Extension #4 or via email at accounts@kdelitetrans.com.

9. Policies, Deposits, Cancellations & Misc. Service Fees:

1. The driver’s gratuity is NOT included in the price. Customer can choose to give gratuity directly to the driver in the car at the time of the service or it can be preset on the reservation and charged to the credit card provided. If gratuity is not paid after service is completed, your credit card will be charged a fifteen percent (15%) service fee unless instructed otherwise by the Customer within twenty-four (24) hours of service.
2. All rates are inclusive of all fees associated with the service including tolls, parking, fuel, and airport fees.
3. For all hourly reservations: All contracted vehicles with 5 or less passenger capacity are subject to a minimum 2 hour (contract) fee. All contracted vehicles with 6-15 passenger capacity are subject to a minimum 3 hour (contract) fee. All contracted vehicles with 16 or more passenger capacity are subject to a minimum 6 hour (contract) fee.
4. All bookings require a credit card to be held on file, customer authorizes KD to charge the credit card in accordance with the terms of this Contract. Vehicles booked at an hourly fee require a 50% deposit which will be non-refundable if not cancelled within thirty (30) days of service.
5. All credit card changes will have an additional 3% processing fee for service charges applied when charged.
6. KD Elite Transportation does not provide car seats, you will have to provide your own car seats for children under 48 inches.
7. The third-party cancellation policy applies to all third-party services provided to/by and/or KD Elite Transportation and its affiliates.
8. All reservations made more than 30 days of service for vehicles exceeding 5 passenger capacity will be charged a 50% deposit at time of booking, the remaining balance will be charged on the 30th day of the service date. All reservations made within 30 days of service for vehicles exceeding 5 passenger capacity will be charged in full at time of booking with no refunds.
9. All contracted vehicles with 7 or less passenger capacity are subject to a 22 mile minimum fee, all additional miles are charged accordingly at a rate not to exceed $8.00/mile. All contracted vehicles with 8 or more passenger capacity are subject to a 20 mile minimum fee, all additional miles are charged at a rate not to exceed $15.00/mile.
10. All reservations for transfer service are charged in full at time of the reservations are made.

10. Early Bird & After-Hours Reservations:

For all transfer reservations requiring service between 9:00 pm – 7:00 am incur an additional $25.00 charge upon booking or in the event of change for any reason.

11. Cancellation/Refund  Policies:

1. For hourly reservations for services:
   1. For vehicles with passenger capacity of 15 or more, deposits are non-refundable and the fee is due in full if cancelled within 30 days of service.
   2. Deposit amount is determined by the vehicle’s hourly rate. All deposits are non-refundable if Customer is in violation of any terms herein.
2. For transfer reservations for services:
   1. Reservations for vehicles with passenger capacity of  1-4 passengers are non-refundable if cancelled within 24 hours of service.
   2. Reservations for vehicles with passenger capacity of 5 or more are non-refundable if cancelled within 30 days of scheduled service.
3. No Shows & Driver Onsite Cancellations are subject full-service fee plus any applicable wait time charges.
4. Refunds or reimbursements due pursuant to the terms herein will be issued back to the credit card provided or in the same manner as paid within fourteen (14) days of request for refund. Refund requests must be via email to  accounting@kdelitetrans.com.

12. Force Majeure Policy:

The parties hereto shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the non-performing Party promptly provides notice of such prevention to the other Party. Such excuse shall be continued so long as the condition constituting force majeure continues. The Party affected by such force majeure also shall notify the other Party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the Parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe.

In this event, the Customer shall be obligated to pay for services in full, and Company shall issue a credit to Customer for the full amount of payment to be used at a later date.

13. Contract Obligations:

The Customer signing this contract acknowledges he/she has read our terms and conditions listed above and is authorized to execute this service agreement and is the authorized cardholder for the credit card provided and/or responsible party liable for payment of the total amount due. The Customer understands and agrees to all the terms and conditions herein. The Customer understands and agrees to pay the deposit and/or entire contract price based on the terms of the cancellation policy. Upon agreeing to these terms and conditions, the Customer’s signature authorizes KD to charge the credit card provided for all deposits, payments in full, services and damages as a result of contract violations. Any overtime hours for drivers or fees incurred as a result of damage to the vehicle will be calculated and billed and due pursuant to the terms herein. The Customer below further understands and agrees that if, for any reasons, they are not fully satisfied with the services received, they have twenty-four (24) hours after the completion of the service to notify KD via email at sales@kdelitetrans.com and site their objections. If no such objection is received within twenty-four (24) hours, Customer is deemed to be fully satisfied with the services.  Upon receipt of any complaint in writing, the Customer will be contacted within twenty-four (24) hours to address concerns in an effort to settle the matter.

All reservations are issued confirmation numbers and are sent electronically to the email provided by the contract holder.

14. Indemnification.

To the fullest extent permitted by law, Customer shall defend, indemnify and hold harmless KD along with any of their agents, employees, or individuals associated with their organization from claims, demands, causes of actions and liabilities of any kind and nature whatsoever arising out of or in connection with the KD’s Services or operations performed under this Agreement and causes or alleged to be caused, in whole or in part, by any act or omission of KD or anyone employed directly or indirectly by KD related to services hereunder. This indemnification shall extend to claims occurring after this Agreement is terminated as well as while it is in force. The indemnity shall apply regardless of any passively negligent act or omission of the KD, or their agents or employees, and KD shall not be obligated to indemnify any party for claims arising from the active negligence, sole negligence, or willful misconduct of Customer or their agents or employees or representatives. To the extent that State law limits the defense or indemnity obligations of the Subcontractor either to KD or Customer, the intent hereunder is to provide the maximum defense and indemnity obligations allowed to KD under the law. The indemnity set forth in this Section shall not be limited by any insurance requirement or any other provision of this Agreement.

15. Severability:

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

16. Relief in the event of Breach.

In event of Customer breach of any provisions of this Agreement results in KD taking legal action against the Customer, KD shall be entitled to reimbursement of (i) all expenses associated with this Agreement, including reasonable attorney’s fees incurred by KD in defense of or in enforcement of this Agreement and (ii) the cost of any damages suffered by KD or which includes financial loss as well as damage to KD’s property and reputation. Including loss of business income, both actual and future business income.

17. Agreement Read, Understood, and Fair.

Customer has carefully read and considered all provisions of this Agreement and agrees that all of the restrictions set forth are fair and reasonable and are reasonably required for the protection of the interest of KD.

18. Governing Law.

This Agreement shall be governed under the laws in the State of Maryland, Baltimore County. Any party to this Agreement subjects themselves to the laws and regulations of the State of Maryland, Baltimore County.

19. Additional Policies:

This Agreement incorporates by reference the following policies and documents also found on the company website https://www.kdelitetrans.com/.