Passenger Terms of Service for Intercity Bus Services
These terms of service (the “Terms”) govern the provision of intercity bus services (“Intercity Bus Services”) by Shofur, LLC (“Shofur”).
IMPORTANT! BY CLICKING “I AGREE”, REGISTERING, PURCHASING A TICKET, TRAVELING ON ONE OF THE INTERCITY BUSES, OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT (A) YOU CAN LEGALLY ENTER INTO THESE TERMS AND (B) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT.
Tickets and Reservations
- You understand and agree that the buses used in connection with the Intercity Bus Services are not owned and operated by Shofur but by an independent third party on behalf of Shofur.
- To make a reservation, you must register and create an account at shofur.com (“Account”).
- Reservations and purchase of tickets for any intercity bus trip (“Intercity Bus Trip”) must be done through your Account. All prices are shown in US dollars.
- Shofur will issue you with a confirmation of your reservation by e-mail based on the information you provided through your account. It is your responsibility to check that the confirmation issued to you is accurate. Shofur is not responsible for any confirmation of your reservations that is lost or otherwise not received when booking via the internet. If your spam blocker is on, a confirmation may not get through.
- It is a violation of law to place a reservation in a false name or with an invalid credit card number with the intent to defraud. Please be aware that even if you do not give Shofur your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you.
- All passengers above eighteen (18) months must have a reservation. Children younger than 18 months may travel free of charge on the lap of a parent or legal guardian; provided that only one child per parent or legal guardian is allowed.
- A ticket is valid for the use only by the passenger to whom it is issued or the minor child accompanying such passenger and for the route, date and time shown on the ticket.
- You must be at least 18 years of age or over to purchase a ticket for any Intercity Bus Trip. All minors under 18 years of age must be accompanied by an adult who is at least 18 years of age.
- Shofur reserves the right to cancel any of its Intercity Bus Services for any reason without prior notice and it shall not have any liability for any loss or damage incurred by you, or inconvenience experienced by you as a result of such cancellation.
Cancellations and Refunds
- You have the right to cancel your reservations with a full refund (a) at any time up to seven (7) days or more prior to the applicable departure date and time or (b) if driver is late by more than thirty (30) minutes from the applicable scheduled departure time.
- You have the right to change your reservation without penalty at any time up to seven (7) days or more prior to the applicable departure date and time; provided that if the price of the ticket for the changed reservation is (a) more than the price of your current ticket, you must pay the difference and (b) less than the price of your current ticket, you shall not be entitled to any refund.
- SUBJECT TO THE FOREGOING, ALL RESERVATIONS ARE NON-CANCELLABLE AND NON-CHANGEABLE AND ALL PAYMENTS ARE NON-REFUNDABLE EXCEPT TO THE EXTENT PROHIBITED BY LAW OR APPROVED BY SHOFUR IN ITS SOLE DISCRETION.
Baggage and Prohibited Articles
- You may bring (a) one (1) piece of luggage per passenger reservation and (b) one (1) small carry-on bag that will fit under the seat or in the overhead compartment. Any luggage must not exceed 62 inches when adding the total exterior dimensions of the luggage (length + width + height) and may not weigh more than 50 pounds. If your luggage exceeds the dimension or weight limitation, you may not be permitted to board the bus in the sole discretion of the bus driver and your reservation may be cancelled without refund.
- In addition to the luggage permitted above, you may also bring a children’s stroller (maximum one per passenger), provided that they are properly folded and capable of being stowed in the luggage compartment or the overhead storage compartment.
- Shofur will not transport any hazardous, dangerous or illegal items as determined in the sole discretion of the bus driver including drugs, firearms and ammunition, explosives or fireworks.
- Bicycles are not permitted.
- With the exception of trained service dogs, animals are not permitted on the buses. Any such service dogs must be properly leashed and under your control at all time.
- Shofur’s maximum liability per passenger for any loss or damage to your luggage is US$200, and shall only apply to the extent that such loss or damage was caused by Shofur’s negligence or willful misconduct.
Permitted Activities and Code of Conduct
- You are allowed to bring and consume food and non-alcoholic beverages on board the bus. Alcoholic beverages are strictly prohibited. You are strictly responsible for cleaning up any trash associated with any such food or beverages. Shofur reserves the right to charge you for any excess clean-up charges it may incur if you fail to clean-up your trash.
- When riding on a bus for any Intercity Bus Trip, you agree to comply with the following code of conduct (“Code of Conduct”):
- No action creating a nuisance for driver or any other passenger, no engaging in fighting, threatening harm to persons or property, or violent, unsafe or criminal action in or around any bus or bus stop.
- No yelling, screaming, singing, playing musical instruments, or use of any other sound amplification devices (without headsets) including cell phone ringtones.
- No smoking, including e-cigarettes and other smokeless cigarettes
- No profanity, teasing, sexual/racial slurs or gestures, threatening/offensive language and no public displays of affection.
- No interference, in any manner, with the safe operation or movement of the bus.
- No hindrance or prevention of the movement of any other passenger so as to interfere with the rights of others.
- No solicitation, panhandling, begging, or loitering.
- No use or public display of offensive or pornographic materials or media.
- No intentional or reckless harassment or annoyance of any other passenger.
- No littering, spitting, expectorating, defecating, or urinating.
- Wearing appropriate clothing (including shirt and shoes
Refusal of Service
Except as prohibited by law, Shofur reserves the right to refuse to transport or continue to transport you or your luggage for any reason including:
- you fail to comply with the Code of Conduct
- you interfere with the duties of the driver or fail to comply with any direction of the driver
- you are carrying concealed or unconcealed deadly or dangerous weapons
- you have an infectious disease known or reasonably believed by Shofur to pose a direct threat to the health or safety of others.
- by reason of weather or other conditions beyond Shofur’s control including, but not limited to, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.
- for your safety or the safety of other passengers or the driver.
Shofur shall have no liability for any loss or damage incurred by you, or inconvenience experienced by you, due to any such refusal.
Shofur has the right to record any and all activities on the bus and shall have the right to use and disclose any such recording without restriction except as prohibited by law, including as evidence of your activities on the bus. You hereby consent to any such recording and any such use or disclosure.
Limitation of Liability
- You use the Intercity Bus Services and ride any bus for an Intercity Bus Trip entirely at your own risk.
- Although Shofur does everything commercially possible to prevent any loss, injury or death to its passengers, SHOFUR IS NOT LIABLE, TO THE FULLEST EXTENT PERMISSIBLE AT LAW, FOR ANY LOSS OR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSS OF PROFITS), LOSS OF LIFE, BODILY INJURY OR DAMAGE TO OR LOSS OF PROPERTY OF WHATSOEVER NATURE AND HOWSOEVER CAUSED, AND WHETHER OR NOT CAUSED BY SHOFUR, ITS DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR ANY OTHER PERSON ACTING ON BEHALF OF OR UNDER THE CONTROL OF SHOFUR, ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE INTERCITY BUS SERVICES AND ANY INTERCITY BUS TRIP.
- Shofur does not provide any insurance for you or your property or luggage. You should ensure that you are adequately insured.
Governing Law and Dispute Resolution
You agree that any dispute, claim or controversy at law or equity that arises out of these Terms or any Intercity Bus Trip (a “Claim”) will be resolved in accordance with the following provisions or as Shofur and you otherwise agree in writing.
- This Agreement shall be governed in all respects by the laws of the State of Georgia, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE CHARTER SERVICES.
- PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND SHOFUR (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY INTERCITY BUS TRIP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES IN FULTON COUNTY, GEORGIA. YOU AND SHOFUR HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND SHOFUR WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Neither you nor Shofur will participate in a class action or class-wide arbitration for any claims covered by these Terms to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST SHOFUR INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Shofur is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
- In the event that the agreement to arbitrate hereunder is found not to apply to you or your claim, you and Shofur agree that any judicial proceeding (other than small claims actions) must be brought, solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Fulton County, Georgia. Both you and Shofur consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Shofur may bring a claim for equitable relief in any court with proper jurisdiction.
- This arbitration agreement will survive the termination of these Terms or your relationship with Shofur.
- All claims you bring against Shofur must be resolved in accordance with these terms. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, Shofur may recover attorneys’ fees and costs up to $15,000, provided that Shofur has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms or any Intercity Bus Trip, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court or arbitration costs.
- Any cause of action or claim you may have arising out of or relating to these Terms or any Intercity Bus Trip must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
To ask questions or comment about these Terms or need to reach us for any other reason, you may contact us by e-mail: at email@example.com or by mail at 3340 Peachtree Road NE, Suite 100, Atlanta, GA 30326.
© Copyright Shofur Technologies, LLC 2016