PETER PAN BUS LINES

GENERAL TERMS OF SERVICE

Last Updated: June 16, 2025

Please read these General Terms of Service (the “Agreement”) carefully because they are a binding agreement between you and Peter Pan Bus Lines, Inc. (“Peter Pan”, “we”, “us” or “our”) and apply to your use of our websites at https://peterpanbus.com/, https://www.peterpancharters.com/,  and all of their sub-domains (the “Websites”), our mobile application made available  for download to your device (the “App”), the platform we make available through the Websites and App (the “Platform”), your purchase and use of transportation services from Peter Pan (the “Transportation Services”), and the internet service we provide to travelers on our coach buses (which together with the Websites, App, Platform, and Transportation Services, as well as any related services, social media pages, and applications, are referred to individually and collectively as our “Services” as applicable below).

Links to notable sections of this Agreement:

• Eligibility – who can use the services; this section also contains terms applicable to individuals using the services on behalf of a company or legal entity, and to individuals who are under age 18.
• Registration; Perks Accounts – guidelines for creating and maintaining your Peter Pan registration and Perks Account.
• Conduct Guidelines – rules for using Peter Pan’s platform and services.
• Ownership – explanation of Peter Pan’s intellectual property rights.
• Disclaimers – what you should know about the scope of Peter Pan’s responsibilities and liabilities with the services and content provided by Peter Pan.
• Legal Terms – important legal terms addressing the limits of each party’s liability to each other and to third parties related to providing or using Peter Pan’s services and content.
• Dispute Resolution – procedures for resolving disputes between us, including your agreement to arbitration proceedings and a waiver of rights to a jury trial.
• Contact Information – how to contact Peter Pan about this Agreement (or with other questions).

 

By clicking on an “accept” button, creating an account, or otherwise visiting, accessing, and/or using our Services, you automatically agree to this Agreement, you acknowledge our Privacy Policy, and you certify that you are at least 13 years of age and that you are providing truthful and accurate information about yourself.

Changes to Agreement

We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice to you, and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above and make reasonable efforts to provide notice to you about material changes.  Your continued use of Services will confirm your acceptance of the updated Agreement.  We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Services.  If you do not agree to the current Agreement, you must discontinue using the Services.

Privacy Policy

Please refer to our Privacy Policy (the “Privacy Policy”) for information regarding how we collect, use and disclose information about you in connection with your use of our Services, and regarding how others collect, use and disclose information about you.  The terms and conditions of our Privacy Policy are incorporated into this Agreement.  

Eligibility

• Companies, Organizations & Other Legal Entities. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity and its affiliates, in which case the terms “you” or “your” shall also refer to such entity and its affiliates.

 

• Minors. The Services are available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18 (or the legal age of majority where you reside if that jurisdiction has an older age of majority), then you agree to review this Agreement with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. You agree to have your parent or guardian review and accept this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a minor, then you agree to and accept full responsibility for that minor’s use of any of our Services, including all investments, financial charges, and/or legal liability that the minor may incur.  

We may, in our sole discretion, refuse to offer Services to any person or entity and change the eligibility criteria for using the Services at any time.

Terms of Access and Use

Subject to your compliance with this Agreement and all applicable laws, Peter Pan grants you a limited, nonexclusive, non-transferable and revocable right to access and use the Websites, App, Platform, and other Services (as applicable), together with the Peter Pan Content, for personal and non-commercial purposes in accordance with the terms and conditions of this Agreement and any separate written agreement with Peter Pan providing for additional terms and conditions applicable to your relationship with Peter Pan and use of products and services offered by Peter Pan (“Additional Terms”), including, but not limited to, our Privacy Policy, Purchase and Carriage Terms, and Internet Service Terms, which are referenced herein and collectively integrated into this Agreement.  In the event of a conflict between the terms of this Agreement and any Additional Terms, the Additional Terms will control.

Registration; Perks Accounts

• Account Creation. When you create an account to use the Platform through our Websites or App (a “Perks Account”), Peter Pan requires you to provide certain registration information (“Registration Information”) and create a username and password to access your Perks Account (as described in more detail in our Privacy Policy). You must provide true, accurate, current and complete Registration Information and you agree to update your Registration Information in order to ensure that it remains current. Once you have created your Perks Account, you can securely access the Platform online through our Websites or via your mobile device.  You may only possess one Perks Account at a time, and Peter Pan reserves the right to reject your registration without explanation.

 

• Account Security. You are responsible for all activity that occurs under your Perks Account, including any activity by unauthorized users.  You may not allow others to use your Perks Account, and you agree to maintain the security and confidentiality of authentications, access codes, passwords, and other credentials (as well as any communications transmitting such credentials to you) associated with your Perks Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Perks Account or the Websites, App, Platform, or Services in general, please notify us as soon as possible at privacy@peterpanbus.com.

 

• Account Deletion. You may request that we delete your Perks Account by contacting us at privacy@peterpanbus.com.

Terms and Conditions for Purchase and Carriage & Internet Service

We have additional terms and conditions that apply to our Transportation Services (the “Purchase and Carriage Terms”) and address topics such as ticket ordering, boarding and riding Peter Pan coach buses, baggage rules, and traveling with animals.  The Purchase and Carriage Terms  are accessible here. By using our Transportation Services, and when choosing to be a passenger on our coach buses, you agree to be bound by the Purchase and Carriage Terms.

Peter Pan provides internet service to passengers on its coach buses and in some terminals, as available (the “Internet Service”), subject to additional terms and conditions accessible here (the “Internet Service Terms”).  Users of the Internet Service must agree to the Internet Service Terms in order to access and/or use the Internet Service.

Ticket Purchases Through Third-Party Websites

Tickets for transportation services through Peter Pan are sold by third-party agents and aggregator websites (“Third-Party Sellers”).  The sale of products and services offered by Peter Pan through a Third-Party Seller does not suggest or constitute Peter Pan’s sponsorship or recommendation of the Third-Party Seller or their services. Peter Pan is not responsible and has no control over the accuracy, quality, or comprehensiveness of the content provided on websites of Third-Party Sellers.  Peter Pan is not responsible for your dealings with the Third-Party Sellers and you shall engage in such dealings at your own risk. You shall hold Peter Pan harmless of any liability arising from acts, omissions, errors, representations, warranties, breaches, or negligence of the Third-Party Sellers or for any damages and/or expenses associated with your dealings with the Third-Party Sellers.  Each website of a Third-Party Seller shall be governed by its own terms and conditions of service, privacy policies, and other rules or restrictions between you and the Third-Party Seller, not Peter Pan.

Perks Rewards Program

Peter Pan operates a points-based rewards program for customers to earn and use points for free travel and other services and benefits (the “Perks Reward Program”).  When participating in the Perks Reward Program: (i) the passenger must create and maintain an open Perks Account; (ii) the passenger earns one (1) Perks credit for every fifty dollars ($50.00) spent on the fare portion of any ticket purchase (or such other Perks credits as may be awarded by Peter Pan to a passenger in its discretion); (iii) each Perks credit has a value of one U.S. dollar ($1.00) toward the fare portion of any future ticket for travel with Peter Pan purchased through the applicable Perks Account, excluding any fees, taxes, or non-fare charges; (iv) Perks credits may not be used for the payment of change fees, refundable fare fees, baggage fees, applicable taxes, or any other non-fare fees and charges, or as the basis for requesting return of fares already paid by a passenger, (v) Perks credits are not exchangeable or redeemable for cash or compensation of any kind from Peter Pan; (vi) Perks credits expire one (1) year after the date earned by the passenger (except for Perks credits earned up to December 18, 2018, which will not expire) and/or when the Perks Account associated with the credits is closed, whichever is sooner (the “Perks Rewards Program Terms”).  Peter Pan may change, modify, add or remove portions of the Perks Reward Program Terms at any time in its sole discretion without prior notice to you and such updates will be effective immediately.  Please visit our FAQ page for more details about the Perks Rewards Program.

Modification to Services

Peter Pan may, at any time and for any reason, change, update, or discontinue Services, or any part thereof, with or without notice. We may add or remove features including without limitation making free services into paid services and vice versa.  Peter Pan will not be liable to you or to any third party for any modification, suspension, or discontinuance of Services as permitted herein.

We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice.  You may terminate this Agreement at any time by ceasing to use our Services.

Conduct Guidelines

The rights granted to you under this Agreement are subject to the following conduct guidelines:

• You will not copy, reproduce, distribute, transmit, republish, post, publicly perform or publicly display the Services, or any information or content made available on or through the Services, without Peter Pan’s prior written consent;
• You will not license, sell, rent, lease, transfer, assign, host or otherwise commercially exploit the Services;
• You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services;
• You will not access or use the Services to build a similar or competitive service or application; 
• You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;
• You will not use any scraping, data mining, robots, or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information;
• You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;
• You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding, and spamming;
• You will not transmit any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
• You will not probe, scan, or test the vulnerability of our system or network or attempt to breach security or authentication measures;
• You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
• You will not violate any requirements, procedures, policies, or regulations of the networks and systems of our service providers if connected to Peter Pan;
• You will not use the Services other than for their intended purposes; and
• You will not access or use the Services in an unlawful way or for an unlawful or illegitimate purpose.

You are solely responsible for complying with all laws, rules, and regulations applicable to you when you use the Services.  You agree to comply with the above conduct and usage requirements, together with any conduct and usage requirements set forth in any Additional Terms (collectively, “Conduct Guidelines”), and agree not to assist or permit any person to engage in any conduct that does not comply with the Conduct Guidelines.  Any use of the Services in violation of Conduct Guidelines is prohibited and may result in our suspension or termination of your right to use the Services, and may possibly expose you to legal action and damages. 

Peter Pan Content

Except for Third-Party Content (defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, photographs, audio, video, white papers, press releases, names, product names or descriptions, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, “Peter Pan Content”), as well as their selection and arrangement, and all intellectual property and other rights relating to Peter Pan Content, as between you and Peter Pan, are solely and exclusively owned by Peter Pan.  You will not delete or alter any copyright, trademark, or other proprietary rights notices from Peter Pan Content.

 

Third-Party Content

The Services  may contain proprietary information and materials licensed or provided to Peter Pan by third parties in connection with Peter Pan’s provision of the Services and/or other business purposes (collectively, “Third-Party Content”).  Third-Party Content is the copyrighted work of its owner, who expressly retains all right, title, and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto.

Social Media

When we make available certain social media features through Facebook, Instagram, X, or other social media sites, you may take such actions as are enabled by those features.  Please be aware that activities on our social media pages, or facilitated by or through social media sites, are subject to the terms and conditions of the applicable social media site(s).  Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Peter Pan.

 

Links to Other Sites

Our Services may contain links to other websites.  The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party.  We do not exercise control over third-party websites.  These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies and terms of use for the other websites you visit.

Ownership

Peter Pan and/or its licensors own all right, title, and interest, including all related intellectual property rights, in and to the Websites, Platform, and other Services, Peter Pan Content, and Third-Party Content.  This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Websites, Platform, and other Services, Peter Pan Content, and/or Third-Party Content.  Peter Pan reserves all rights not expressly granted in this Agreement.

All trademarks, service marks, logos, slogans, and taglines displayed on or through the Services are the property of Peter Pan and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Services without the express written permission of Peter Pan, or such third party that may own the trademark, service mark, logo, slogan, or tagline.

Your Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”).  We may ask for your Feedback in connection with your use of the Services, and you can always submit Feedback by emailing us at marketing@peterpanbus.com or submitting Feedback to our Suggestion Box available here.

You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license, and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. Peter Pan will treat any Feedback you provide to us as non-confidential and non-proprietary.

Consent to Electronic Notice

If you provide your email address to Peter Pan through the Websites or Platform, or by e-mailing Peter Pan directly, you agree that Peter Pan may communicate with you electronically regarding administrative, security, and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures, or other communications that Peter Pan sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  The foregoing does not affect your statutory rights.

Consent to Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Peter Pan at the mobile number you have provided, including calls and text messages, to receive informational and transaction communications related to the Services and your ticket purchases (e.g., authentication, order confirmations, etc.).  Message and data rates may apply.

We may also send you promotional messages using your email address and/or phone number if you opt in for receiving these communications from Peter Pan.  You may opt out from receiving promotional messages at any time by following instructions provided with the communication.

No Reliance

Any reliance you place on the Services, Peter Pan Content, and/or Third-Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials.   PETER PAN DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SERVICES.

All statements and/or opinions expressed in the Third-Party Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Peter Pan.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimers

PETER PAN MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION IN PETER PAN CONTENT, THIRD-PARTY CONTENT, OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. PETER PAN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE PETER PAN CONTENT, THIRD-PARTY CONTENT, OR THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE, OR PROGRAMS INTENDED TO INTERCEPT OR ACQUIRE DATA.

PETER PAN CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, CONTENT, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE WEBSITES, APP, PLATFORM, AND/OR SERVICES.

Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.

Limitation of Liability

EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL PETER PAN OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN PETER PAN CONTENT OR THIRD-PARTY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) any acts or omissions of others, including other carriers and interline partners, (IV) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, OR (VI) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PETER PAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT YOUR USE OF THE SERVICES IS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AT YOUR SOLE RISK, AND YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION, OR WITHDRAWAL OF THE SERVICES, OR ANY FEATURES, PARTS, OR CONTENT OF THE SERVICES.

Indemnification By You

Without limiting the generality or effecting other provisions of this Agreement, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Peter Pan and its affiliates, licensors, and suppliers, and our and their officers, directors, employees, and agents (“Peter Pan Parties”), from and against any and all losses, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) in relation to or arising from (i) your use or inability to use the Services, (ii) your failure to comply with any applicable laws and regulations, (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, or (iv) your breach of any obligations set forth in this Agreement.  You shall not settle any such claim without the written consent of the applicable indemnified party.

For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.

Term, Suspension and Termination

This Agreement will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Peter Pan for the duration of the suspension or indefinitely following termination. 

ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW

You and Peter Pan agree that any and all claims, past, present, or future, including but not limited to claims arising from or relating to this Agreement, shall to the fullest extent permitted by law be subject to binding arbitration under the Federal Arbitration Act (“FAA”).  This includes claims based on contract, tort (including but not limited to negligence), equity, statute, ordinance, or otherwise.  You and Peter Pan agree that an arbitrator, and not a court, shall have the exclusive authority to resolve any disputes regarding the interpretation, scope, validity, applicability, and enforceability of this agreement to arbitrate. For purposes of this agreement to arbitrate, claims against “Peter Pan” shall include claims against any Peter Pan Parties, as that term is defined above.  However, at the election of you or any of the Peter Pan Parties, a court of competent jurisdiction may adjudicate any request for injunctive relief, but all other claims will be decided by arbitration.  Further, this clause shall not preclude you or any of the Peter Pan Parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.

You and Peter Pan agree and consent to binding arbitration at JAMS for all matters to be arbitrated pursuant to this clause.  Consistent with the FAA, the arbitrator shall determine the relevant JAMS rules.  JAMS rules, procedures, and forms can be found at www.jamsadr.com.  If JAMS is unavailable, unable, or unwilling to accept and administer the arbitration of any claim, you and Peter Pan may agree upon another administrator or, if you are unable to agree, you and Peter Pan may petition a court of competent jurisdiction to appoint an independent and impartial arbitrator under the FAA.  The arbitrator may award all remedies permitted by applicable law or equity.

Any arbitration provided for herein will take place in Springfield, Massachusetts, United States of America. A single arbitrator shall preside over any arbitration and shall render a final, binding decision.  The language to be used in the arbitral proceedings will be English. 

In any arbitration pursuant to this clause, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator, in their discretion, may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

You and Peter Pan agree that you are engaging in interstate commerce with respect to the use of the Services, this Agreement, and any applicable Additional Terms. The FAA shall govern your and Peter Pan’s dealings under this Agreement and any applicable Additional Terms, the interpretation of this Agreement and any applicable Additional Terms, and the enforcement and proceedings pursuant to this Agreement and any applicable Additional Terms.  To the extent state law is applicable under the FAA, the laws of the Commonwealth of Massachusetts shall apply.  If there is a conflict between the JAMS rules and any term in this Agreement, then the terms of this Agreement shall control.

YOU AND PETER PAN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.  Further, if the dispute is resolved through arbitration, the arbitrator may not preside over any form of a representative or class proceeding. You and Peter Pan accordingly waive your ability to participate either as a class representative or as a member of any purported class action lawsuit or class arbitration, and to bring, represent, join, or otherwise maintain any class action lawsuit or class arbitration against the other in any forum.

YOU AND PETER PAN EACH HEREBY WAIVE THE RIGHT TO A TRIAL IN COURT AND THE RIGHT TO A JURY, AND THE MORE COMPREHENSIVE DISCOVERY THAT MAY BE AVAILABLE IN COURT. YOU AND PETER PAN FURTHER UNDERSTAND THAT BY AGREEING TO THE CLASS ACTION WAIVER CONTAINED IN THIS CLAUSE, YOU ARE GIVING UP THE ABILITY TO BE A PARTY TO A CLASS ACTION LAWSUIT OR CLASS ARBITRATION. YOU WAIVE SUCH ABILITY AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY.

Governing Law

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its rules on conflicts or choice of law. In addition, the relationship between you and Peter Pan, and any and all claims or disputes between you and Peter Pan, whether relating to or arising out of this Agreement or not, shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without related to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Additional Terms for Apple Device Users

The following additional terms and conditions govern your use of the App should you choose to download it via the Apple App Store (if such downloads are available) or operate it on any device you own or control which runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that this Agreement is between you and Peter Pan, and not Apple, Inc. (“Apple”) and that Peter Pan, and not Apple, is solely responsible for the App and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.   

Scope of License. Without limiting the other terms and conditions of this Agreement, you may only use the App on your Apple Device as permitted by the Usage Rules set forth in the App Store Terms of Service.

Maintenance and Support: Peter Pan is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Peter Pan and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. 

Warranty: The App is provided subject to the disclaimers and limitation of liability sections above. If any warranty is imposed by law in respect of the App and not effectively disclaimed by that section, then in the event of any failure of the App to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the App; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be Peter Pan’s sole responsibility.

Product Claims: You acknowledge that Peter Pan, not Apple, is responsible for addressing any claim you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, Peter Pan, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.

Developer Name and Address: Any questions, comments, complaints or claims relating to the App and/or your use of the App must be directed to: Peter Pan Bus Lines, Inc., Union Station, Suite 300, 1 Peter Pan Way, Springfield, MA 01103.

Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, Apple will have the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

Force Majeure

You agree that Peter Pan is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics, epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

International Users

The Services are operated from the United States and international users of the Websites, App, Platform, and other Services agree to be subject to applicable laws in the United States as set forth in the General Terms section below.  Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

General Terms

This Agreement, together with any applicable Additional Terms, constitute the sole agreements between you and Peter Pan for your use and the provision of the Services, and the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect.  Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated, or assigned by you, but may be assigned, delegated, or transferred by Peter Pan without restriction. Any attempted assignment, subcontract, delegation, or transfer by you in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.

Contact Information

To ensure the highest levels of customer service, please use our online support system through the Websites at https://peterpanbus.com/request/ or through the App. If you have additional questions about this Agreement or other inquiries, you can contact us by email at marketing@peterpanbus.com, by phone at 413-523-7100 or 1-800-237-8747, or by mail directed to:

Peter Pan Bus Lines, Inc.

Union Station, Suite 300

1 Peter Pan Way

Springfield, MA 01103