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BBB Accredited Business since

Five Star Tours

Phone: (619) 232-5040 Fax: (619) 232-7035 View Additional Phone Numbers 1050 Kettner Blvd, San Diego, CA 92101 http://www.fivestartours.com View Additional Web Addresses



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Description

This company offers tour bus services.


BBB Accreditation

A BBB Accredited Business since

BBB has determined that Five Star Tours meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.


Reason for Rating

BBB rating is based on 13 factors. Get the details about the factors considered.

Factors that raised the rating for Five Star Tours include:

  • Length of time business has been operating
  • Complaint volume filed with BBB for business of this size
  • Response to 10 complaint(s) filed against business
  • Resolution of complaint(s) filed against business


Customer Complaints Summary Read complaint details

10 complaints closed with BBB in last 3 years | 4 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 0
Billing/Collection Issues 3
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 7
Total Closed Complaints 10

Customer Reviews Summary Read customer reviews

2 Customer Reviews on Five Star Tours
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 1
Total Customer Reviews 2

Additional Information

BBB file opened: August 29, 1997 Business started: 08/17/1994 in CA Business incorporated 08/17/1994 in CA
Licensing, Bonding or Registration

This business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.

These agencies may include:

CA Public Utilities Commission
505 Van Ness Ave, San Francisco CA 94102
http://www.cpuc.ca.gov
Phone Number: (415) 703-2782
Fax Number: 415-703-1758
The number is 0009783.

Department of Transportation
USDOT C-75 Room 4137, Washington DC 20590
http://www.fmcsa.dot.gov
Phone Number: (202) 366-2220
The number is 603778.

Type of Entity

Corporation

Business Management
Mr. Alfonzo Hernandez, General Manager Ms. Yolanda Hernandez, President
Contact Information
Principal: Mr. Alfonzo Hernandez, General Manager
Principal: Ms. Yolanda Hernandez, President
Related Businesses
Five Star Tours
Number of Employees

15

Business Category

Buses - Charter & Rental Sightseeing Tours Tours - Operators & Promoters Travel Agencies & Bureaus Transportation Services

Alternate Business Names
Five Star Party Bus and Limo Buses Five Star Party Buses Muh Corporation San Diego Brew Tours San Diego Winery Tours and Events Snow Bus Xpress
Licensing

The BBB has been unable to determine if this company is properly licensed to offer travel agency services.


Additional Locations

  • 1050 Kettner Blvd

    San Diego, CA 92101 (619) 232-5049 (619) 232-5040 (800) 553-8687 (877) 704-0514

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BBB Customer Review Rating plus BBB Rating Overview


BBB Customer Reviews Rating represents the customers opinions of the business. The Customer Review Rating is based on the number of positive, neutral and negative customer reviews posted that are calculated to produce a score.

Customer Review Experience Value
Positive Review 5 points per review
Neutral Review 3 points per review
Negative Review 1 point per review

BBB letter grades represent the BBB's opinion of the business. The BBB grade is based on BBB file information about the business. In some cases, a business' grade may be lowered if the BBB does not have sufficient information about the business despite BBB requests for that information from the business.
Details

BBB Letter Grade Scale

BBB Rating Value
A+ 5
A 4.66
A- 4.33
B+ 4
B 3.66
B- 3.33
C+ 3
C 2.66
C- 2.33
D+ 2
D 1.66
D- 1.33
F 1
NR -----
Star Rating scale

  Average Score
5 stars 5.00
4.5 stars 4.50-4.99
4 stars 4.00-4.49
3.5 stars 3.50-3.99
3 stars 3.00-3.49
2.5 stars 2.50-2.99
2 stars 2.00-2.49
1.5 stars 1.50-1.99
1 star 0-1.49

BBB Customer Review Rating plus BBB Rating is not a guarantee of a business' reliability or performance, and BBB recommends that consumers consider a business' BBB Rating and Customer Review Rating in addition to all other available information about the business. If the BBB Rating is NR then only Customer Reviews are used for the Star Rating.

Complaint Detail(s)

5/12/2016 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I booked a shuttle through Five Star Tours on Friday, 4/8. Below is the incident that happened with the company and General Manager, *******. I have since been speaking to the Director of Sales, ******, who would only agree to reducing the shuttle charge to $100. I agreed last Friday, 4/29 and have been calling and emailing her everyday to receive the refund communicated with me. I have been unsuccessful in receiving any assistance from this company. Below is the email I had send to as many email addresses I could find on the Five Star Tours website. "I had emailed ******* earlier to change the pickup to 5:30pm and it was confirmed it was possible. ***, the driver, called me at 5:41pm confirming the 5:45pm pickup. Not only were my clients waiting outside for 15 minutes already, *** told me he had not left yet and was clearly going to be late. I called ****** repeatedly and later found out she left at 4:00pm, which was not communicated to me until I spoke with ******* later. I called *** repeatedly with no answer. I began texting ******* in a panic since it was already 6pm and 3 of the very VIP members were calling us and were very upset the shuttle wasn’t there. I have never talked to someone more unprofessional than ******* in my life. I was incredibly worried, needing answers to where the driver was, and ******* repeatedly said “I’m not the driver, I don’t know what to tell you” then asked what I wanted to do. I said I wanted a full refund. He said he was going to cancel the service and provide a refund which is NOT what I asked for. I told him that I needed this for clients and working for a hotel and as someone who recommends transportation services, this was being dealt with in a horrible manner. He laughed and said my threats weren’t important and he was going to cancel the service for my clients. He then told me to “ ***** off and find someone else”. He actually said that. To a customer. As a provider of service."

Desired Settlement: I would like a full refund. I was cursed at, the client using the shuttle was so upset everyone had to walk to the hotel because the shuttle was so late that I did not bill them for the services I booked through Five Star, and the followup and care I have received has been the worst I have experienced. We are being charged for a service that was not used, and now no one from the company is returning my calls or emails. I have all emails documenting the situation and responses from the initial issue.

Business Response:

The service was provided per the client instructions after our discussion.  We have refunded her credit card ending with ****.  The amount of $ 100 which was agreed with our Sales Team.  

At this time, we cannot provide additional refunds/ discounts because the service was provided per her clients instructions. 

We apologize for any delay of this transaction.  Thank you- 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I was told that my card would only be charged $100, not that I would be issued a $100 refund. I would like to clear this up before moving forward, as I have the emails supporting this, which I have attached. I also did not receive a response from this company before telling them I submitted a claim with the BBB and feel much better getting this resolved through you.

Thank you!

Regards,

**** ******



9/22/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I booked with 5 star on August 20,2015 for 2 tickets to the see the bullfights and a ride to the location provied by Five star for August 31th. On Thursday August 27th I recived an email stating that the bullfights were canceled and I would be recieving a refund for $217.18 from 2 to 7 business days. As of this date 9/17/15 I have not had my credit card reinburst. I have call the office of five star several times and all i get is the run around left serveral messages and even got hung up on. I just want my refund back for services I never recieved. The office said I need to talk to someone named *******, I finally got a hold of him on his cell phone and basicaly all he did was hang up on me. Someone please help me with this matter. thank you **** ******* *************

Desired Settlement: Credit my **** card back $217.18 for a trip that was canceled by Five star tours

Business Response: This matter was already refunded.

Please talk to client

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

**** *******

9/17/2015 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: As 2 old people we were left waiting for 1 1/2 in the very cold morning because of their chaos. They offered us a 50 % refund which never came. When we listed all the problems with the bus, broken seats etc etc, we never heard from them again.

Desired Settlement: 100% refund, and another complaint filed on ther BBB record. This is no way to run a business, especially in the internet age.

Business Response:

Regarding Five Star Tours
Case #: ********

Consumer Info:

******** *
*** ********** **
*********** ** *****

********************

Business Info:

Five Star Tours
**** ******* ****
*** ****** ** *****
***** ********


 

 

The 50% was refunded today.   Please see screenshot:

 

 

 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.



Regards,

* *******

 

Sept 6 - NO money has gone to my credit card.

The screenshot did NOT show in my email.

the message "The 50% was refunded today.   Please see screenshot: " does NOT appear to be true.



Business Response: Hi

The money was refunded. Please check it might be under **********, ****** or five star tours.
Thank you

Consumer Response:

the refund came thru on sep 11, FROM ANOTHER COMPANY!
please change the listing to say I am satisfied.
 
 

9/8/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We have used Five Star for a yearly school outing for several years. They are the cheapest and therefore, although there has been some problem every year, we have continued to use them. However, this year was the worst yet and we will switch to a more expensive company for next year's trip. The bus arrived nearly 2.5 hours late. First they said it would be 1 hour late, then it kept on getting pushed and pushed. The dispatcher would not take my calls although I tried many times, and never called me back. Instead he required me to text only, presumably so he wouldn't have to speak live to me. When I was upset due to the delay, instead of apologizing, he texted that he had canceled the buses, saying only "read the contract" (which I assume allows them to be late or cancel as they please). This was unbelievable, and caused me a panicked 10 minutes in which I really believed he had canceled the buses. Of course, it turned out he was only saying that to be nasty and shut me up about the delay. Then the AC in one of the buses was broken, which is exactly what happened last year. Driving across the desert with inadequate AC is not a pleasant experience. When I received their post-trip email requesting feedback, I wrote back stating my dissatisfaction. The manager ******* emailed back that he would call me. It has been a week, and he has not called.

Desired Settlement: I would appreciate a partial refund due to the issues described above. I think 20% would be appropriate.

Business Response:

Regarding this case:

Five Star Tours
Case #: ********

Consumer Info:

******** ***** **** ******* ** *** ****** ** ***** ********** *****************

Business Info:

**** **** ***** **** ******* **** *** ****** ** ***** ***** ********


Date Filed: 6/6/2015 11:48:17 AM

 

We cannot issue any refund.  When the client goes on our services they have to accept the terms and conditions.

 

Terms and conditions that will apply and show that we cannot guarantee departure times or any breakdowns on equipment.

 

This is the clause that takes away any claim:

 

t. Company does not guarantee arrival at or departure from any point at a specific time due to circumstances beyond its control such as accidents, breakdowns, traffic and road conditions, storms, etc. and shall not be held liable for claims resulting in delays from such conditions. Company cannot be held responsible for delays or inconveniences due to unknown and/or unforeseen mechanical failures or situations deemed as "Acts of God."

 

Please find attached her confirmation of this trip which I will outline in this email.

 

Thanks-

 

******* ********* 
General Manager/ Tour Product Innovator


Five Star Tours 
& Charter Company 
**** ******* *****  *** ****** ** ***** *************  ************** ******* *** *** **** *   **** *** *** **** *  ****** *** *** **** ***** *** *** ****  **** ****** **** ** ***** *** *********** ******              **** *********************  ******* *************************  *** **** *

 

Visit our Diverse Tour Products:

Daily San Diego Sightseeing Tours: www.citytoursofsandiego.com

Party Bus Services: www.sdbusparty.com

Brewery Tours: www.sandiegobrewtours.com

Winery Tours: www.sandiegowinerytours.com

 

face book button 100**** ** ************* ****** **************

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The comment by this business is in the same vein as the previous communications I have had: rude, nasty, and lacking all politeness or customer service. Saying "read the contract" after being hours late, and offering zero compensation, ensures that this business will remain at the bottom of the barrel in terms of repeat business.

Regards,

***** *******



8/25/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: My girlfriend and I wanted to check out the city and learn a bit of history about the different areas so we booked a tour on Five Star. We arrived 15 mins early. Well the tour bus was 30 mins late to start. They then proceeded to tell us we'd be going to La Jolla first only for them to then drop us off in Balboa Park and tell us to "walk around for 45 mins". After the hour they picked us up and dropped us off in Coronado and proceeded to tell us again to "walk around for 45 mins". My girlfriend and I decided to leave the tour at this point an hour into a 4 hour tour. There were no interesting facts, in fact the tour guide had to give directions to the driver for most of it. This was no tour, simply a large taxi that sat in traffic. I could have done this in my own car. We'd tried to get our refund, I contacted the manager to voice my displeasure and the manager agreed to do so but never actually refunded my card. The manager's name is *******.

Desired Settlement: I'd like a refund from or two tickets

Business Response: We already inform this client that we are sorry about his experience.

He did not book this tour with us directly however through a website service called ******.
We have inform him numerous times  that he has to contact them directly so that they can process his refund.
This was inform via email, phone and text.
Please see screen shot of his reservation which is attached.
Thanks-
******* *********

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[This business has a direct connection to ****** and is the company that fulfills the service that was purchased. I didn't purchase a ticket to see ****** travel, I purchased a ticket for Five Start Tours. If the service is unsatisfactory then they have a direct relationship with ****** to facilitate the refund. ]

Regards,

*********** *****



Business Response: We are very sorry about the incident and we are not responsible for client parking since we only operate the tour.

In good faith, we can offer a credit for any future tours within a 12 month period.
Thank you again!

8/24/2015 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: My boyfriend (****** *****) arranged for us to take the 11:30 am tour on July 18th. They called and left a message asking us if we wanted to take the 11 am tour cause the 11:30 was cancelled. We called back after checking into our hotel. We were on hold for 20 minutes, hung up, called back and were on hold another 15 minutes. We were attending a concert that night and this made us late. Then the next day we arrive in the area at 10:30 am and we start looking for parking. We couldn't find parking. We called at 10:45 and asked where should be park because all parking garages were closed (it was raining hard, not many people on the streets, very dead). Meters could only be paid for 2 hours, tour was to last 5 hour. ***** told us she would find out and call us back. This never happened, after 10 minutes, we call back and she said she didn't know what to tell us. We told her we couldn't take the tour if we couldn't put our car anywhere. She understood and when I asked for a refund and confirmation email she agreed. To this day no refund and yesterday July 28th, I spoke with a very rude illogical woman who said no refunds and parking is not their responsibility. We have been very mistreated by this company. When I left a review on their ******** page, they replied in a very unprofessional manner, even using a laughing emoticon and diplomatically calling me a liar more than once. If the BBB will review their reviews on ****, you will find this company is very not reputable. The booking number for your reference is *******. Thank you, ******* ***** *****

Desired Settlement: Since I gave several attempt (phone calls, left voice mails, sent emails) to the company to just refund the $114.48 that ****** said she'd issue, ****** has disputed the charge on his ****. I would like for Five Star Tour to not intercept the charge back and just understand that the conditions did not allow us to part take in this tour, additionally their representative ****** already stated we would receive the refund and honor what we were told. If they do intercept the charge back, then refund the money immediately.

Business Response: Hi

The client missed their tour because of parking issues. 
We always inform our guests through telephone, email and any means to inform them that parking is such a big issue especially in Downtown San Diego.
We have inform client that we cannot issue a refund however we can give them a credit for two for any future tours with Five Star Tours.
Thank you-

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Company claims "We always inform our guests through telephone, email and any means to inform them that parking is such a big issue especially in Downtown San Diego." This is untrue. I have three different emails from the company and parking is not even mentioned in any of the three. We were not informed in any of the calls, or any other means for that matter. The company is being illogical. If all parking structures were closed in a one mile radius, what were we to do with our vehicle?  Why is this company strong arming it's guests? My boyfriend and I have every intention of returning to San Diego within the year and it would have been so nice, to just take the tour when we returned had the company not lied, been illogical and unethical. This company has made egregious claims on its **** towards other consumers and myself on ********.  My boyfriend and I were actually very understanding and cooperative with the tour company when they cancelled our 11:30 tour, why can they not reciprocate the understanding and consideration?

In regards to my original outcome request, I am only asking at this point for the company not to intercept the charge back. I don't need any one from the company to lift a finger. I am also asking that the Better Business Bureau to reprimand this company and inform them on how to become a better business that does not cheat people out of money.

Regards,

******* *****



5/29/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I reserved a shuttle on Sunday 4/26/15 for my manager to be picked up from the San Diego Airport to get into Mexico. I made the reservation over the phone and via email (bit of a lengthy, unorganized process) with a lady that acted like she was not listening to me and was not interested in gaining business. I finally completed the reservation and received a confirmation. The morning of the pick up, the driver never showed up to pick up my manager. My manager called the driver 6 times, he answered once and it sounded like a club in the background. My manager emailed me a little after midnight (when the driver should have been there) and told me the news. I called the driver myself around 5am, sounded like he was asleep, told me he was there and left at 12:30am (pick up 12am) and that he couldn't get a hold of anyone so he left. I called the company to find out what was going on Monday morning and I got the run away with different people and told I would be called back and nothing. Tuesday morning I receive a receipt for their charges (almost $400) from the General Manager. I called to talk to him, introduced myself and he hung up on me. I called 5 times, he sent me to Voice mail. I waited a couple of hours and called back, once again, got the run around with multiple people. I called again on Wednesday- same thing- put on hold for over 10 minutes each call, run around, excuses, etc. I called Thursday morning, frustrated and annoyed with the horrible customer service I have received the past couple of days. ******* answered the phone, once I said it was me, he put me on hold, I called back and he answered again, told me his name was *******- no doubt in my mind it was *******. I get transferred, put on hold, hung up, called back 3 times and finally get the office manager who argues with me and tells me she will refund everything bu $50.

Desired Settlement: We never received services from this company, regardless if the driver showed up or not, none of us but the driver know that- so either way- my manager NEVER got in their vehicle, we NEVER used their services, so why am I being charged anything at all? unacceptable. After reading reviews on YELP, seems as if this company is notorious for doing this to all their customers. I think the fair thing to do and the professional thing to do, is issue a full refund.

Business Response: First and foremost,  let me begin by apologizing for your service and your experience with Five Star Tours.

I understand that you are upset about this matter however all customer service issues are completely solved through email and follow up.
Our driver was there to pick up the guest at the airport however the guest never made contact with driver and thus we classified this service as a NO SHOW.
Our files indicated the following transactions: 
Date & Time
Customer
Card Number
Batch ID
Auth
Amount
Settled
Amount
Apr 30
 
2:11 pm
Thursday, April 30, 2015
****** **********
 ****
*****- $332.13- $332.13
Apr 24
 
10:33 am
Friday, April 24, 2015
****** **********
 ****
*****$382.13$382.13 
We gave you a refund of $ 332.13 and only charge the minimum fees for having our driver and vehicle wait for your guest. 
This was done in good faith and you agree to settle this matter accordingly.  
If I can be of any service, please feel free to contact me. 
Thank you- 
******* ********* 
Five Star Tours 

3/9/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I purchased two tickets for a San Diego City Tour on Sunday, August 31, 2014. The tour started 30 minutes late due to a pickup and ended early due to a van issue. We missed Old Town. The driver, ***** ********, also returned two guests to their hotel after telling us we needed to get back to the office due to the van not working properly. In addition I called (619) 232-5040 on Friday, August 29 and left a message to request a hotel pickup at the same location, Hotel Circle, as the guest we dropped off. Since your company did not call me back, I had to drive to your location and pay for parking. When we got back to your office I talked to ****** about a refund, but he said I would have to talk to ****** or *******. So I called the office on Sept 9 and talked to *******, he said he would get back with me within 24 hours. I am yet to hear back from him. So, I called the office again on Sept 11 and talked to ******, she forwarded me to *******'s voice mail. Again I did not hear back from him. So I called back on Sept 15 and talked to ******. She asked me to send her an email detailing my issue and she said she would investigate, same thing that ******* told me. So, on Sept 15 I sent her an email. I have both emails if you would like to see them. I have not heard back from ******. So, I called her back today (Sept 17) but was told she was busy and could not take my call. The person that answered the phone was ******* (sp), but not *******. I said I did not want to start over with another person. So I am now appealing to you.

Desired Settlement: I would like for Five Star Tours to refund to me the price of my San Diego City Tour ($96) and reimburse me for parking ($10) for a total of $106. I wanted to work it out with Five Star Tours, but they obviously did not want to work it out with me. So now I am requesting a refund. Besides the tour that was late and not completed I have spent several hours trying to work this issue out. Thanks BBB for what you do.

Business Response: Hi

 
I would like to begin by apologizing for your tour experience.  Unfortunately, our vehicle had an issue. 
 
At this time, we can only offer you a refund of $ 46. 
 
Please advise-

Consumer Response:

Better Business Bureau:

BBB,

 

I found this email in my spam folder, sorry for the delay.  I will accept the $46.  

 

Thanks,

 

A ****** ********

***** ********



Regards,

****** ********

Consumer Response:

 

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

****** ********

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I have not received the $46 refund, so I do not want to accept until I receive the money.


Regards,

****** ********



Business Response: Hi

We need a credit card or something so we can issue refund.
We do not keep any cc information on file.  
please contact me via *******@fivestartours.com or 619.232.5040.  

Thank you-

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

****** ********

Consumer Response: Per the latest resolution from the BBB I was to call ******* at ###-###-####, he has yet to be in the office after three (1/27, 1/29 & 1/30) attempts.  I asked for his supervisor, ******, and was told she was busy on the 27th and not in the office on the 29 or 30.  I left a message each time for him or her to call me back, they are yet to call me back.  They have my work and cell numbers and I have no missed calls or messages from them.  On the 27th and 30th I talked to ******** and on the 29th I talked to ***.

I know it's only $46, but they agreed to pay it.  I don't feel they really want to pay it and just want me to go away.  I can't keep calling every day, and even if I do I don't feel they plan to pay me.

Do you have any suggestions?

Thanks,

* ****** ********
###-###-####


Business Response: hI

I SENT AN EMAIL STATING THAT WE NEED THE CC HOLDER INFORMATION SO WE CAN ISSUE THE FULL REFUND. 
PLEASE ADVISE ASAP

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I did not receive an email from Five Star or anyone else about a credit card number, but I have called them three times per the last resolution offer and ******* nor ****** have not been availiable and they won't return my calls.  The only email I got on the subject was from the BBB stating to call ******* at ###-###-#### to provide a credit card number and that is the number I have tried three times.   They do answer, but the people (*******, *** & ******) that answer can't help me and say ******* is out and ****** is not availiable.

Regards,

****** ********

###-###-#### Work

###-###-#### Cell



Business Response: yes it has been done

6/26/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: The contract (#*****) read we were scheduled to be picked up from S.D. airport at 01:25 pm, we didn't get picked up until 02:59 pm. When I didn't receive a phone call from our driver close to our scheduled pick up time I started calling numerous times and couldn't reach a live person, to find out the office was closed. I was able to talk to a driver who was in route to another destination. He stated there was nothing he could do. I continued calling until I got hold of him again and begged him to help us. (Brings tears to my eyes, remembering this experience). I don't want to experience this nightmare again. We hadn't eaten for hours thinking maybe was on his way and didn't want to miss when driver arrived. Then when driver arrived knowing the distance we had to travel, we told driver to stop because we were hungry. We were picked up in this unclean van, and it represents the company? The driver drove very fast, passing vehicles and accelerating once we passed the US all the way to our destination Ensenada. This was a very uncomfortable ride. Note:We were told by Alfonso that reason of delay was because of a strike that started weeks ago. My husband and I were never informed of this previously and had been talking on the phone and communicating by email to arrange transportation prior to services. The business failed to disclose verbal or written notice. When speaking to Roxane on 04/17/14(prior day to begin service pick up), she stated would email me name and contact number of driver and never received no email or call stating who our driver would be. This was our very first time at an airport and flying, then being unsure if we were going to be picked up and what time. If we would have called and paid another transportation I know they would have made it look like we voided the contract. We were at their mercy.

Desired Settlement: $222.60

Business Response: This client is not entitled to any refund because the service was provided.  Part of our terms and conditions which were acknowledge by this client is the fact that we are not responsible for any losses and damages that may result from the following.. This is extact wording from our contract/ confirmation: 

 
Five Star Tours shall not be liable for any inconvenience, loss, damage, delay or irregularity caused by acts of nature of God, Authority of Law, Accidents, Mechanical Breakdown, Road Conditions, Work Stoppages or any other condition beyond our control.  

For the safety of our operation and clients, we switched out the vehicle so that the protesters would not attack the vehicle.  In the past, we have had incidents in Mexico were protesters such as this group have thrown rocks at windshields and vandalize our vehicle with guest on board.   Remember that when we operate in a different country such as Mexico we must take every precaution necessary to execute a safe operation for any reason!

We are very apologetic to this client however due to this reason they are not entitled to a refund. 

If you have any questions, please feel free to contact me. 

******* *********
General Manager

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

We were not informed about the riots in advance, we could have cancel our trip. they mention safety well  driving at high speeds and passing on no passing zones does not constitute safety period. it is a lousy buisness that is operated by a group of people that have no customer skills period. and about the riots it was all orchestrated because they had to find an excuse for not picking us up on time. we were in Ensenada Mexico for three days use taxis all over the place not ever was riots mentioned or people hurdling rocks at passenger vans. we met a taxi driver we have his buisness card he can vouch for the false remarks made by five star tours.

Business Response: I apologize for the delay.  I have been receiving emails from the BBB and emails were being sent to SPAM/ TRASH folder.  I want to advise you that the service was performed and our staff determined for safety issues that we sent a unmarked van so that we would not put in danger our clients.  I also want to stress out that the guest acknowledge that we do have several terms and conditions that apply to this service.  Several of them give us the right to not guarantee times, locations and if we feel that there is a safety issue to even cancel the service.   The client was advise of the situation and they agreed to the vehicle arriving late to the Airport.  At no time did the client ask for service to be cancelled in which case they would have received their money back.  I have spoke to the driver of the service and he mentioned to me that at no time did he put the clients' safety in question.   The cause of the switch was not a riot but a manifestation of drivers wanting to reopen the Ensenada Toll Road which fell last year.  They were protesting that the Mexican government is taking too long.  In the past, we have encountered situations were these protesters have thrown rocks and items to the vehicles when we are operating.   This is why we did not send out our marked vehicles.  

 
I want to stress out that when crossing international borders, laws and regulations do change and we cannot abide to standard USA law especially when we are operating or driving in this case in another country.  
 
If you have any questions, please feel free to contact me. Thank you! 

Business Response: I dont agree because the service was carried.  The client did sign and acknowledge our conditions. please see below:  I have highlighted the ones that apply. 

 
TERMS AND CONDITIONS OF MUH CORP. Dba FIVE STAR TOURS & CHARTER COMPANY" Contract arranged by phone 1. Payment is required in full at least five (5) days before the time of pick up and is non-refundable in the event any breach results under the terms of this Contract.  A 3% service fee will be applied to all credit card transactions unless swiped with the customer in our office. 2. A cancellation fee of seventy five dollars ($75) will be charged to the credit card of Client on file for any cancellation, that fee increases to one hundred and fifty dollars ($150) if cancellation is made with less then seventy two (72) hours of the pick-up time and NO REFUND will given if reservation is cancelled within 24 hours of the reservation pickup time. 3. If the Client attempts to cancel the Contract, after pick up has occurred, Company is authorized to charge the credit card of Client on file the remaining balance in full. 4. Overtime will be permitted, upon vehicle ability and is not guaranteed. Overtime is billed by hourly rate and will be charged after the trip to the credit card of Client on file. Overtime rates will be equal to the stated hourly charge. Waiting time will be charged after 15 minutes of waiting at a $30.00 per hour rate 5. Company has the right to terminate service for any form of abuse, behavior deemed inappropriate, or Contract breach, without refund. In case of misconduct, drug use, or any other violation of this Contract by Client or member’s of Clients party, or if Driver is or feels threatened or otherwise deems the party unruly or endangering the safe operation of the vehicle, Driver has the right to terminate this Contract without any refunds and drop passengers off at the nearest safe location. This is meant for the safety of Company and Client. Company also reserves the right to expel any person from the vehicle for any reason mentioned above or any other misconduct. 6. Company inspects each vehicle before, during, and after each rental. In the event of damage to the vehicle, Client assumes full financial liability for any and all harm and damage caused by client or any members in client’s party during the service, and the cost of repairing such damage. This includes both interior and exterior damage to repair, replace, and clean vehicle or any parts of vehicle. The cost of repairing, restoring, or otherwise remediating any damage to a vehicle caused by client may be charged to such client’s credit card on file or billed directly to such client, without prior notice. Additional fees may be charged to cover damages at the company’s discretion. Client will be charged a minimum of price listed below for the following occurrences: A. Smoking in Vehicle – One hundred fifty dollars ($150.00) B. Ripped or Damaged Upholstery – Five Hundred Dollars ($500.00). C. Stained Carpet – Two Hundred Dollars ($200.00). D. Vomit in or on the Vehicle –Two Hundred Dollars ($200.00). E. Lost or Broken Glassware – Twenty Dollars ($20). F. Lost or Broken Remote Control – Two Hundred and Fifty Dollars ($250.00). G. Excessive Mess in the Vehicle – Two Hundred Dollars ($200.00). H. Breaking of lights – Two Hundred Fifty Dollars ($250.00). I. Breaking of television or air conditioner – Seven Hundred Fifty Hundred ($750.00) J. Breaking of DVD player, cd player, IPod, or radio – Two Hundred fifty ($250.00) K. Damaged or lost DVD or CD – Twenty Dollars ($20.00). 7. Alcohol consumption by persons under the age of 21 is strictly prohibited in the vehicle, and alcohol consumption by person’s age 21 or older is prohibited if persons under the age of 21 are present on vehicle. Company reserves the right to check the identification of any passenger on the vehicle at any time and for any purpose whatsoever. Company reserves the right to refuse service to persons that appear to be under the influence of drugs and or unable to care for one’s self, or are objectionable to another passenger. No person may use any illegal narcotics or controlled substances in the vehicle. In the event of underage alcohol consumption or illegal drug use, the service will be terminated immediately and without refund. Client shall be responsible and shall pay for all fines and penalties assessed by state and/or local authorities as a result of the violation of any law by the client. 8. Drug use in the vehicle is prohibited by law. All contraband and items considered “weapons” are strictly prohibited in the vehicle. Company reserves the right to inspect all belongings of minors for alcohol and contraband. 9. Any fines that Company is charged due to the actions of Client will be charged to the credit card of Client on file. These include but are not limited to fines related to underage drinking, over capacity, jumping on top of the vehicle, and throwing trash/littering out of the vehicle. Client is also responsible and will be charged for any parking fees and toll fees incurred during the transporting of Client. 10. Neither Company, its agents, nor employees shall be liable for any personal property of Client or members of Client’s party, which is misplaced, damaged, stolen, or left in the vehicle. 11. Client consents to allow Company to use any and all photographs, video, and audio made or recorded during this Contract of Client and any members of Client’s party for any purpose Company chooses to, including marketing and commercials of any type (internet, television, magazines, etc).
12. Except in the case of willful misconduct or gross negligence of Company, its agents or employees, Client hereby waives any & all claims against Company, its agents or employees for injury, loss, or damage, including consequential damages, to Client or members of client’s party’s person or property from whatever cause. Client waives any right of subrogation with regard to the same. Company is not responsible for injuries that occur while riding in vehicles. Any injury that does occur must be reported immediately to the driver of vehicle. Injuries not immediately reported are treated as if they did not occur during the Contract. 13. All rentals are subject to weather condition. If conditions are deemed by Company, to be unsafe, Client will be contacted with as much notice as possible. Any cancellations due to weather will be eligible for a reschedule at the next available date, or for a refund of deposit. Company does not guarantee arrival at or departure from any point at a specific time due to circumstances beyond its control such as accidents, breakdowns, traffic and road conditions, storms, etc. and shall not be held liable for claims resulting in delays from such conditions. Company cannot be held responsible for delays or inconveniences due to unknown and/or unforeseen mechanical failures or situations deemed as "Acts of God." 14. In the event of a vehicle breakdown, all efforts will be made to supply a replacement vehicle. If a replacement vehicle is sent and/or client refuses a replacement vehicle, no refund is due. If no replacement vehicle is available, refund shall be limited to the amount paid by customer. Company is not responsible to fulfill itineraries developed by Client, which indicate a time that Client expects to arrive at certain locations after the initial pick up time. 15. Company reserves the right to substitute the reserved vehicle for another replacement vehicle for any reason. Company will make a good-faith effort to notify Client in case a substitution does occur. Company will also make a good-faith effort to substitute with a similar type of vehicle. 16. Client agrees that all terms of this Contract and any disputes that may arise from this Contract shall be interpreted under the laws of the state of California. Client also agrees that any and all disputes and claims relating in any way to this Contract (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of confidential arbitration conducted in the State of California, County of San Diego. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (AAA) by an arbitrator mutually agreed upon by Client and Company. Client and Company may litigate in court only to compel arbitration under this Contract or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Contract shall be joined in an arbitration involving any other current or former user of “company”, whether through class arbitration proceedings or otherwise. If the arbitrator determines that one party prevailed in the arbitration process they will be entitled to compensation for attorney’s fees and costs from the other party. 17. The Terms constitute the entire Contract between each Client and Company with respect to all subject matter covered herein, and supersede all previous communications, representations, understandings and Contracts, either oral or written, between the parties with respect to said subject matter. This Contract or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the Contract or portion hereof. This Contract may not be modified by either party except by a written Contract signed by both Client and Company. 18. Bridge tolls, parking and extraordinary fees are extra. Five Star Tours shall not be liable for any inconvenience, loss, damage, delay or irregularity caused by acts of nature of God, Authority of Law, Accidents, Mechanical Breakdown, Road Conditions, Work Stoppages or any other condition beyond our control. AM/FM/ cassette/ P.A. and or video monitors are included on the bus at no extra cost; however, we are not responsible or liable for any mechanical failure of equipment. 19. Modification: Any modifications or changes made to this agreement must be done and approved by a live person.  Any recorded, emailed or faxed modifications will not be honored until a live person response to them. 20.  By signing directly below I (Client) signify that I have read the terms and conditions stated above in this Contract and agree to all stated terms and conditions. I further declare and represent that I am at least 18 years of age, that I have full legal capacity to be bound by this Contract, and that I am signing this Contract of my own free will and accord. I (Client) authorize company to charge my credit card and agree to its terms. Bridge tolls, parking and extraordinary fees are extra (Snow chains will be charged to client’s credit card or invoiced after service is over for a fee of $100.00)
 
 
Please advise-

4/1/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: This transportation company was a joke. We contracted buses from them on a Saturday evening and Sunday to go to a Chargers game. . Saturday night they left our people waiting for 2 hours. We contracted them to pick our group up at 9pm and they showed up at 11pm stating traffic was the issue. Well you should know your city and the contract was CLEAR what time to be there. They were rude and hung up on me several times Then on Sunday, we paid for 2 buses to stay at Qualcomm stadium and wait for our group. 1 bus driver went to the game and wasnt at the bus when we came out and the other one left and showed up atleast an hour later . It was hot and our guests had items they needed in the bus. This is very poor customer service and did not follow what we contracted

Desired Settlement: We made them an offer of what we would be willing to pay and they harassed our bookkeeper and every rep in our company. At this point we would not be willing to pay ANYTHING for the services rendered

Business Response: Hello BBB, 

I am sending this email to complain about this client and the fact that she has not paid any balance to us.  We have repeatedly called and emailed her to submit payment and when she promised that she was going to submit payment, she never did.  The scope of work and services were performed to satisfaction level.  I inform the client the following on her service trips which are attached this email.
 
On the service that happened on 
25810 : New/Live : Assigned Reservation | Settlement | Payments | Email/Fax
09/28/2013, 05:00 PM, ******* ****** ******* ****** **********, Acct#*****, ******* ****** *****

The service contracted was not for shuttle service.  It was a basic pick up and drop off.  The client called us to inform us that the group wanted to be picked up earlier.  I inform her that it was not possible because the motor coach was not ready to pick up the group . The client did not understand that she did not pay for the bus to stay nearby her group and that we could not change the pick up time.  Please refer to this agreement.  

On the services that occurred on Sunday afternoon which are 
25808 : New/Live : Farm-out Assigned Reservation | Settlement | Payments | Email/Fax
09/29/2013, 09:00 AM, ******* ****** ******* ****** **********, Acct#*****, ******* ****** *****, BUS 1
25809 : New/Live : Farm-out Assigned Reservation | Settlement | Payments | Email/Fax
09/29/2013, 09:00 AM, ******* ****** ******* ****** **********, Acct#*****, ******* ****** *****, BUS 2

I inform the client that the service was also a round trip service and that it did not require the service to stay with group.  I inform her that the pick up time for both service was at 5:30 PM and again she wanted to change the return time earlier to 4:30 PM.   
 
I inform the client  that the services she requested were not customize and she agreed to the return times which she signed off.   On our terms and conditions that she acknowledge it states that: 
 17. The Terms constitute the entire Contract between each Client and Company with respect to all subject matter covered herein, and supersede all previous communications, representations, understandings and Contracts, either oral or written, between the parties with respect to said subject matter. This Contract or any portion hereof shall not be construed against the drafting party by reason of that party having drafted the Contract or portion hereof. This Contract may not be modified by either party except by a written Contract signed by both Client and Company. 

We would like to disclose that we worked with this client and reduce her payment to a balance of $ 1000.00 and she has not paid.  This is not the right way to do business.  We would appreciate the help of the San Diego BBB to collect our monies on our behalf.  I have attached the work orders which were three that were part of her total contract.  Please help! 


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