OUR POLICIES

  • Xtravaganza Xperience LLC Terms and Conditions

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  • This Agreement for the rental of a party bus ("Agreement") is an agreement between 

  • Xtravaganza Xperience, LLC ("Company"), a Minnesota limited liability company, and the

  • undersigned below person or persons agreeing to these terms ("Client" or “Customer”), who

  • are all individuals over the age of 18.  Xtravanganza Xperience’s services are 100% legal. We

  • ensure customer satisfaction by obtaining all the required permits and licenses, and by

  • providing exceptional service, high-quality vehicles, and experienced drivers. The person

  • signing this contract must be 18 years of age or older.

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  • Services.

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    • 1. Vehicle. Company will provide Customer with a driver and vehicle of like capacity and

    • furnishing as the bus featured on the company website or other such URL as may be

    • provided by the Company to the client to demonstrate the bus features.  Company will

    • provide this bus on the date and time and for the duration of time specified on the

    • Company’s invoice to the Customer.

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    • 2. Modifications.  Company, in its sole and absolute discretion, may permit modifications as to event dates and times at

    • the request of the Customer.  Modifications which extend the length of the estimated duration are subject to the overtime

    • charges of subsection c of this section.

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    • 3. Overtime and Other Charges.  Company cannot guarantee the availability of overtime.  The Customer agrees to pay additional charges incurred, such as overtime, lost service or clients, tolls, parking fees, etc.  Overtime is billed in 30 minute intervals, at the rate of the regular hourly interval.  Customer authorizes Company to charge any additional charges after they have rendered such services or incurred such costs to the Customer’s credit card on file with the Company.  These charges are supplemental and in addition to the regular charges and fees associated with the service.

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    • 4. Vehicle Related Issues.  Xtravanganza Xperience provides the use of vehicles to customers which often have powerful and high-tech electronic systems on board.  Occasionally, this may lead to electronic failure or overheating of the electrical systems, but should not compromise the safety of any passengers on board.  Mechanical failures are of course always possible with the operation of a motor vehicle as well.  We will attempt to limit such failures to the greatest extent possible.  However, in emergencies, we reserve the right to upgrade or replace the vehicle.  Customer therefore and hereby accepts that replacement vehicles may be substituted if the contract vehicle becomes unavailable or inoperable for any reason.  If any of the guarantees or conditions in this contract cannot be met due to terms outside of Company’s control, including weather, accidents, storms and any other acts of god, including, but not limited to, traffic congestion, road closures, accidents, flight delays, weather delays, road closures, etc., we will use our best efforts to notify the customer of these conditions the resulting delays or changes.

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  • Payments.

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    • 1.  Generally.  Payment is required in full before or at the time of pick up (cash only) and is nonrefundable in the event any breach results under the terms of this Contract.  Client agrees that, if he chooses to pay for the Company’s services with a credit card, that a 4% processing fee will be applied to the total cost of the transaction.  Customer must provide Company with a valid credit card regardless of the payment method.

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    • 2.  Non-cash Payments.  Any payment made other than cash for the services in this Agreement must be made within two weeks of scheduled service start time to ensure that such payment clears.  If such advance payment is not made within such time, then cash payment must be made prior to the start of service, or the service will be deemed cancelled and subject to the provisions regarding a cancellation.

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    • 3.  Privacy of Your Personal Information.  Xtravaganza Xperience understands and shares the privacy concerns customers have when providing personal and financial data as part of this Agreement.  Accordingly, any such information is obtained for internal purposes and will not be shared or sold to any unaffiliated third party.  Xtravanganza Xperience will only use such information to inform customers about quality products and services it can deliver to them in the future. 

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  • Reservations and Cancellations.

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    • 1.  Generally.  Services are not reserved for the Customer, and the obligations of Company under this contract do not come into effect, until Company receives the completed invoice and the Deposit is paid.

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    • 2.  Deposit.  Customer must tender a two hundred fifty dollar ($250.00), non-refundable reservation deposit.  Customer agrees and acknowledges that this amount will be charged as soon as the credit card information is provided. This deposit must be made with a credit card and a $250 authorization will be made as a damage/reservation deposit for the bus. This amount will be deducted from the total cost of the bus. In the event you no-show and we cannot contact you, the same card will be used to bill you for the trip. 

    • 3.  Payment of Balance Due. Your deposit will be deducted from your total leaving you a balance which is due upon the arrival of your party bus. Payment is required in cash to be paid to the driver. WE DO NOT accept credit cards, personal checks, money orders, or any other form of payment upon pickup.

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    • 4. No Show Policy. If you or your party fails to cancel or to show at the designated location for which a scheduled reservation has been made, a No-Show Fee equal to 100% of the total trip cost, including a 10% gratuity, will be billed. This includes any cancellations after a chauffeur has reached or is in route to a reservation’s location. This charge will be run on the same credit card used to make the deposit. 

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    • 5. Cancellations.  Cancellations must be made at least fourteen (14) days prior to scheduled start time. Cancellations made less than two weeks prior to the trip date will need to be rescheduled (See Section F below).  Cancellations made with less than 3 days’ notice (by email to xtravaganzaxperience@gmail.com, will be billed the total contract amount.  This means you will pay the total contract price.  By signing this contract and providing your credit card information to the Company, you are authorizing Company to charge the credit card on file for any of the following charges:  deposit, damages to the vehicle, and all services rendered.  Company will calculate the exact number of hours and charges when the trip is completed.  We will then deduct your deposit amount leaving the remainder to be charged on the credit card. 

    • 6. Rescheduling Fee. ​In the event you need to reschedule within two (2) weeks of an upcoming trip, the Company may within their own discretion book you a new date without being billed the full amount. All you will lose is your deposit. A new damage deposit and/or forfeiting your deposit is the only loss you will incur, so long as they are able to book a replacement trip for the date you are scheduled. In the event that a different trip is not able to be scheduled, you will be billed the full amount for the trip.

    • 7.  Unsatisfactory Service.  If the customer is not fully satisfied with the service, for any reason, they agree to provide a written statement detailing the unsatisfactory service within 48 hours of such service.  A written statement provides clarity for both parties and allows the Company to improve its services for the future.  If customer does not provide such a written statement in the agreed time frame, then customer agrees that it was fully satisfied with the Company’s performance regarding this contract, and further agree that I will not file any complaints with any official bureaus, regulatory agencies, or other governmental or private rating agencies. 

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  • Guests and Other Passengers.  

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    • 1.  Generally.  Please party responsibly!  We encourage our customers and guests to enjoy their party bus experience with us.  To fully enjoy your experience, it is important for the customer to remember that out-of-control passengers can lead to fees and damages under this contract, and possibly liability to other persons or governmental agencies.  This will almost assuredly ruin the experience, so please remember to exercise caution and moderation. 

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    • 2.  Definitions.  For purposes of this Agreement, the term “Guest” shall refer to all persons present on the bus excluding the staff, agents and contractors of Company, collectively (“Company Personnel”).  Company authorized Customer to have at any given time up to, but no more than, the total number of Guests listed on the Company invoice provided to Customer.

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    • 3.  Acts of Guests.  The following acts are prohibited by Customer and any guests, and shall be subject to the following liquidated damages for each act:

      • a.  Smoking in the bus (as defined in section 7 of this Agreement) – One hundred fifty dollars ($150).

      • b.  Ripped or damaged upholstery – Five hundred dollars ($500). 

      • c.  Stained carpet – Two hundred dollars ($200). 

      • d.  Vomit in the carpet or the vehicle – Two hundred dollars ($200).

      • e.  Lost or Broken Glassware – Twenty Dollars ($20).

      • f.   Lost or Broken Remote Control – Two hundred and fifty dollars ($250). 

      • g.  Excessive Mess or Garbage in the Vehicle as determined by Company – One hundred dollars ($100).

      • h.  Breaking of Lights – Two hundred fifty dollars ($250). 

      • i.   Breaking of television or A/C unit (if any) – Seven hundred fifty dollars ($750). 

      • j.   Breaking of CD Player, DVD Player, Radio, iPod, or Other electronic device being used to play music – Two hundred fifty      

      •      dollars ($250). 

      • k.  Damaged or Lost DVD or CD – Twenty dollars ($20). 

    • 4.  Other Prohibited Acts.  The following acts are also prohibited on the bus: 

      • a.  Taunting other motorists

      • b.  Bringing any illegal drugs or weapons of any kind on the bus.

      • c.  Distracting or Disrespecting the Driver.

      • d.  Littering outside the bus.

      • e.  Vandalism of the interior or exterior of the vehicle or objects in the vehicle.

      • f.   Bringing in food, “Jello-shots”, or “Silly String” onto the bus.

      • g.  Bringing any alcoholic beverages outside of the bus during the trip.

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    • 5.  The Customer will be liable for any fines or fees charged to the company for such prohibited acts.  Customer agrees that the Company will charge the credit card on file for any fees or fines incurred by the Company for such acts, and in addition will be charged for any time or costs expended by Company for remedying such acts.

    • 6.  Company reserves the right to terminate service for any form of abuse, including: (1) behavior deemed inappropriate by the driver or by the Company, (2) conduct which the driver believes represents or poses a risk of danger for the driver, passengers, or the vehicle, or (3) any other Contract breach.  The termination will be without refund. Company reserves the right to expel anyone from the bus who violates any provision of this contract. 

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  • Property of the Customer and the Guests.  

    • The Client is responsible for all guests on board the bus and off.  Our Company is not liable or responsible for anything that guests of Client or other people do or bring with them included but not limited to before being picked up, while riding on our vehicles, or after being dropped off.  Company is not responsible for any lost or stolen personal items brought upon the vehicles of the Company. 
  • Release, Hold Harmless and Indemnification.   

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    • Customer is aware of the fact that riding in a motor vehicle and participating in the trip and it related activities carries a risk of injury to the Customer and/or others, and could also potentially result in property damage.  Customer voluntarily assumes the risk of injury or death while being a passenger of Company and by participating in the trip, and voluntarily assumes the risk of property damage.  The client is responsible for all damages to our vehicles caused by anyone during the reservation.  Customer hereby releases and covenants not to sue Xtravaganza Xperience, LLC, the operator or driver, and their respective officers, directors, employees, and agents, from any and all liability, loss damage, costs, fines, penalties, claims and/or causes of action that may now or hereafter exist, arise or be caused, whether negligently or otherwise, in connection with being a passenger of Xtravaganza Xperience, LLC and/or the trip, including, but not limited to, claims related to personal injury or death, bodily injury, property damage or destruction. 

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    • Further, Client agrees, with respect to any conduct which takes place during the reservation period, on a joint and several basis, to waive, indemnify, defend, and hold Company harmless against any and all liabilities, obligations, losses, damages, claims, costs, and expenses (including, but limited to, reasonable attorneys’ fees and court costs), that may be imposed on, incurred by, or asserted against Lender that relate or arise from their conduct or the conduct of any passenger during the reservation period.  Client waives any right of subrogation with respect to the same.

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  • Provisions Concerning Acts of Smoking and Evidence of Acts of Smoking.  

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    • If any Guest shall commit an act of smoking inside the bus, the Customer shall be liable in the amount of the liquidated damages described in section 4(b)(i) of this Agreement for each violation.  Where Company becomes aware of multiple acts of smoking, Company reserves the right to charge the liquidated damage amount for each act.  Company may infer that an act of smoking occurred from evidence of the following:

      • a.  Cigarette butts found inside the vehicle;

      • b.  Cigarette ash found inside the vehicle;

      • c.  Any part of or any debris from any smokeable substance found inside the vehicle;

      • d.  Any part of or any debris from any device used to smoke any substance;

      • e.  Any evidence of burns to vehicle furnishings or materials; and

      • f.  Any event or evidence that could lead Company, in its sole discretion, to infer an act of smoking has occurred inside the bus.

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  • Consumption of Alcoholic beverages by persons under 21 years of age.  

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    • This is illegal, and is strictly prohibited in the vehicle.  It is also illegal for an adult to provide alcoholic beverages to a person under 21 years of age.  If a person under 21 consumes alcoholic beverages, the trip will be terminated and all payments made for transportation services shall be forfeited and not subject to refund.  It is the responsibility of the minor and their parents to prohibit their consumption of alcohol.  Company will not provide or furnish alcohol to passengers, and is not acting as a social host under any meaning of the terms with respect to this Agreement.

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  • Company right to media content produced during the trip.  

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    • Client expressly agrees that Company may use any video, photographic, or other media content made or recorded during the trip, whether it is made by the Client or a passenger of the Client, for any purposes the Company so wishes, including but not limited to marketing or advertising on behalf of the Company

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  • Entire Agreement.  

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    • This Contract, along with any invoice and credit card authorization form, represents the entire Agreement between the parties, the terms of this Contract supersede and control any communications made orally or verbally between the parties, and the terms of this Contract shall solely govern the rights and responsibilities between the parties. 

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  • Governing Law, Jurisdiction, and Venue.  

     

    • This Agreement shall be governed by, interpreted, and enforced under the laws of Minnesota, without giving effect to its conflicts of law’s provisions. Any litigation between the parties shall be conducted exclusively in the state and federal courts in Hennepin County, Minnesota, and any arbitration or similar proceeding shall be conducted exclusively at a location within such county and state. Each party consents to the jurisdiction and venue of the courts described above. 

  • Assignment.  

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    • Customer may not assign this Agreement or any of Customer’s respective rights, interests, duties, or obligations hereunder without prior written consent of Company.  Company reserves the right to assign this Agreement and any of its rights, interest, duties, or obligations hereunder.

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  • Severability.  

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    • If any provision of this Agreement is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

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  • No Waiver.  

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    • Failure of Company to enforce any provision of this Agreement will not constitute a waiver, actual or constructive, of Company’s rights under such provision. 

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  • Counterparts; Facsimile.  

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    • The terms of this Agreement may be executed as separate counterparts, each of which will be deemed an original and both of which shall together constitute one and the same instrument.  For the purposes of this Agreement, facsimile signatures shall be treated as original signatures.

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  • Collection Efforts.  

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    • Should Company incur any expense in collecting or attempting to collect from Customer any sum provided for in this Agreement, Customer agrees to be liable for the entire amount of such expense, which can include but it not limited to reasonable attorney’s fees, collection agency costs, and costs and disbursement related to any litigation.

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507-400-5298

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P.O. Box 793

Faribault, MN 55021​

Email: kawan@xtravaganzaxperience.com

Tel: 507-400-5298

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© 2017 by XTRAVAGANZA XPERIENCE. LLC Proudly created by NdidiMarie Grafix