CROSS BORDER XPRESS RULES AND REGULATIONS

Otay-Tijuana Venture, LLC, dba Cross Border Xpress, (“CBX”) is a privately-owned and operated airport terminal, with a direct, secure border crossing between San Diego and the Tijuana International Airport for ticketed airline passengers only.

1. General
• 1.1. Requirement to Comply with Applicable Law. Each person shallcomply with applicable federal, state, and local laws that now exist or as hereafter shall exist at all times while on CBX property.
• 1.2. Requirement to Comply with CBX Rules and Regulations. Each person, vendor, guest, commercial operator or contractor must comply with these Rules and Regulations, as well as CBX’s Terms and Conditions found at https://www.crossborderxpress.com/en/terms. CBX reserves the right to update its Terms and Conditions without prior notice.
• 1.3. Zero Tolerance for Harassment and Discrimination. CBX has a strict policy against all types of workplace harassment, including sexual harassment and other forms of workplace harassment based upon an individual's age (40 and over), race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding and/or related medical conditions), gender, gender identity, gender expression, sexual orientation, military or veteran status, or any other status protected by federal, state, or local laws. All forms of harassment of, or by, employees, applicants, unpaid interns, volunteers, vendors, visitors, customers, and clients are strictly prohibited and will not be tolerated.
• 1.4. No Loitering. The utilization of the CBX terminal and adjacent streets and parking lots for excessive durations of time or for non-travel related purposes, unless authorized by CBX, is prohibited.
• 1.5. Tobacco and Marijuana Use Prohibited. The use of any tobacco or marijuana products (smoking, snuff, chewing tobacco, vaping pens, etc.) is not permitted anywhere at Cross Border Xpress. No one under-or appearing to be under the influence of drugs or alcohol is allowed at Cross Border Xpress.
• 1.6. Loud or obscene language, roughhousing, horseplay, or violent or inappropriate acts are prohibited and will result in immediate removal of the individual(s) from Cross Border Xpress.
• 1.7. All persons must adhere to CBX safety and sanitation guidelines as they are implemented by CBX, including those applicable to COVID-19 or any other public health hazard.
• 1.8. Firearms may not be carried or used at Cross Border Xpress at any time, except by licensed members of CBX’s terminal security team or authorized governmental authorities.
• 1.9. Requirement to Comply with Instructions Issued by CBX Security, Staff, and Representatives. Vendors and guests shall comply with directions and instructions from CBX security, staff and representatives. Failure to do so may result in being removed from CBX and/or referred to law enforcement.
• 1.10. Music. Music must be kept at a volume that allows only for setting the ambiance of Cross Border Xpress and in no way loud enough to disturb passengers, customers, or other tenants of CBX. Music containing racist language or undertones, obscene language, or any lyrics deemed inappropriate by CBX will not be tolerated and shall be silenced immediately.


2. Commercial Operation
• 2.1. Prerequisites for Commercial Activities. No person shall engage in any business or commercial activity of any nature whatsoever at CBX except with the prior written approval of CBX, and under such terms and conditions as may be set forth in a permit issued by or a contract executed by CBX, at its sole discretion in its business judgment.
• 2.2. Anyone conducting a business or commercial activity at CBX shall obtain insurance of such types and in such amounts as may be determined from time to time by CBX. Such insurance shall contain a statement naming CBX and other entities designated by CBX as an additional insureds. All such insurance policies shall provide for minimum of 30 days’ notice to CBX prior to cancellation. CBX shall have no duty to issue concession or lease agreements or permits, or to pay or perform under contract until evidence of adequate insurance shall have been delivered to CBX. All businesses shall be prohibited from commencing work until the proper notification of insurance has been delivered to CBX.
• 2.3. Vendor’s and team members shall be professionally dressed or uniformed and shall never display articles of clothing or personal property containing lewd images; obscene language; drug paraphernalia; discriminatory images, signage or language that allude to race, religion, or sexual orientation and gender identity.
• 2.4. Any ID badges furnished by CBX must be worn by all team members with no exception and shall always be visible.
• 2.5. CBX’s premises must be kept clean and free of any safety hazards to guests, passengers, vendors, operators, staff, and contractors.
• 2.6. Signage, advertisements, and other printed materials shall not be displayed, installed, posted, or distributed by Vendor or anyone working for Vendor at the terminal without prior written approval of the CBX Commercial Manager. Vendor must abide by the CBX Brand Use Guidelines, which may me updated from time to time by Cross Border Xpress.
• 2.7. Absolutely no alcoholic beverages or drugs are to be in possession of or consumed by any person working for Vendor, or any third parties related to Vendor, while at Cross Border Xpress.
• 2.8. Vendor shall not install or operate video surveillance equipment anywhere on the without CBX’s prior written authorization, including as to placement of cameras and compliance with any applicable laws, rules, and regulations.
• 2.9. Vendor must exclusively conduct the business and commercial activities described in the Agreement; any other business by Vendor is prohibited by CBX and may result in penalties (as such term is used in the Agreement), contract termination, or revocation of right to access or operate at CBX.
• 2.10. No soliciting. Vendors are prohibited from soliciting anyone at CBX, including passengers, guests, staff and other vendors.


3. Traffic and Ground Transportation
• 3.1. Ground transportation operators shall obtain permission from CBX tooperate at the CBX prior to commencing a ground transportation operation. Ground transportation operators shall meet any and all rules and requirements established by CBX pertaining to their particular type of operation and shall enter a formal agreement to operate at CBX prior to commencing operation.
• 3.2. Vendor’s drivers must be licensed as required in the California Vehicle Code and compliant with the driver provisions of Title 13 of the California Code of Regulations.
• 3.3. Drivers must be courteous and respectful at all times while operating a vehicle at CBX, branded or not.
• 3.4. No vehicle shall be operated in a manner that creates an unreasonable risk of harm to persons or property, or while the driver is under the influence of any substance that impairs, impedes, or otherwise affects the ability of the driver to safely operate the vehicle, or if such vehicle is so constructed, equipped, or loaded as to create an unreasonable risk of harm to persons or property.
• 3.5. Right-of-Way for Pedestrians and Emergency Vehicles. Drivers shall yield the right-of-way at all times to pedestrians and emergency vehicles.
• 3.6. Cell phone use. The utilization of a cell phone for any purpose (e.g. telephone calls, texting, utilization of applications, etc.) by the driver of a vehicle while the vehicle is in motion is prohibited unless the cell phone is being utilized through a hands-free device.
• 3.7. Concessionaire’s team members must operate vehicles at a safe speed indicated by any speed limit signage, but in no event shall Concessionaire’s team members drive vehicles at a speed in excess of 25 M.P.H. within the CBX Facilities. Concessionaire’s vehicle deliverytrailers/carriers must not partially or entirely obstruct CBX streets.
• 3.8. Right of Inspection/Access. CBX may inspect ground transportation operator vehicles at any time without advance notice.
• 3.9. Vehicles may never be left unattended at the CBX curb.
• 3.10. Vehicles may not be left unattended or park in cell phone waiting areas.
• 3.11. Vehicles may not wait at the loading zone curb in excess of 2 minutes.


4. Transportation Network Companies (TNCs)
• 4.1. Proof of Insurance. TNCs shall obtain proof of insurance from each TNCdriver before the driver begins providing service and for as long as the driver remains available to provide service. TNC drivers shall be required to provide proof of their personal insurance coverage. TNC drivers shall carry proof of TNC insurance coverage at all times during use of a vehicle in connection with a transportation network company’s online-enabled application or platform.
• 4.2. Driver License. TNC drivers must possess either: (a) a valid California driver license, or (b) in the case of a nonresident active military member or a nonresident dependent of an active military member, a valid driver license issued by the other state or territory of the United States in which the member or dependent is a resident, be at least 21 years of age, and must provide at least one year of driving history before providing TNC services.
• 4.3. Application Display. An application (app) used by a TNC to connect drivers and passengers must display for the passenger: 1) a picture of the driver, and 2) a picture of the vehicle the driver is approved to use, including the license plate number to identify the vehicle.
• 4.4. Prearranged Transportation. TNC drivers may only transport passengers on a prearranged basis. For the purpose of TNC services, a ride is considered prearranged if the ride is solicited and accepted via a TNC digital platform before the ride commences. TNC drivers are strictly prohibited from accepting street hails.
• 4.5. Proof of Prearranged Ride. Upon request, drivers shall display to Commission or airport enforcement officers, law enforcement, or city or county officials a physical or electronic record of a ride in progress sufficient to establish that it was prearranged. To the extent that trip records are contained on electronic devices, TNC drivers are not required to relinquish custody of the devices in order to make the required display.
• 4.6. Trade Dress. TNC vehicles shall display consistent trade dress in the front and rear of the vehicle (i.e., distinctive signage or display on the vehicle) when providing TNC services that is sufficiently large and color contrasted as to be readable during daylight hours at a distance of at least 50 feet. The trade dress shall be sufficient to allow a passenger, government official, or member of the public to associate a vehicle with a particular TNC (or licensed transportation provider). Acceptable forms of trade dress include, but are not limited to, symbols or signs on vehicle doors, roofs, or grills or placed in the front and rear windshields. Magnetic or removable trade dress is acceptable. TNCs shall file a photograph of their trade dress with the Commission.
• 4.7. Operations At CBX. TNCs shall not conduct any operations on the CBX property unless such operations are authorized by the CBX.


5. Parking Terms and Conditions
• 5.1. All persons must adhere to CBX’s Parking Terms and Conditions found here: https://www.crossborderxpress.com/en/parking. CBX reserves the right to update its Parking Terms and Conditions without prior notice.
• 5.2. Should Vendor be granted an HID Parking Card (“Parking Card”) by CBX, under no circumstances shall any member of Vendor’s Team commit a “Parking Violation”, which include:
• 5.2.1. Allowing others, including any family members, friends or CBX passengers, to use the HID Parking Card (“Parking Card”) issued to any Vendor Team member.
• 5.2.2. Assisting any unauthorized person(s) to access the parking area of the CBX Airport Terminal without paying the associated parking fee(s).
• 5.2.3. Using a Parking Card issued to any Vendor Team member to bypass parking tickets or avoid paying related fee(s).
• 5.2.4. Using a Parking Card in a manner outside of the scope of such Vendor Team member’s duties under the Agreement.
• 5.3. Vendor and Vendor’s Supervisors shall be responsible for the actions of its employees and/or agents. CBX reserves the right to remove the Security Badge of any Vendor Supervisor whose employees commit a Parking Violation on two (2) or more occasions.
• 5.4. Vendor acknowledges that enforcement of parking rules and regulations may be carried out by any member of the CBX security team, CBX officers, directors, managers, staff, auditors or any other CBX team member or agent designated by CBX.
• 5.5. If a Parking Card is lost or stolen from a member of the Vendor’s Team, such event must be immediately reported to (1) the CBX security team, and (2) the CBX Director of Operations. In addition, (1) CBX reserves the right to immediately disable the Parking Card, and (2) Vendor must pay the Parking Card replacement fee of $500. In addition, CBX may monitor activity on each Parking Card. If CBX finds that a Parking Violation has occurred while the Parking Card has been reported lost or stolen, CBX reserves the right to immediately remove the Security Badge of the individual associated with such Parking Card.
• 5.6. If any member of Vendor’s Team is found to have used a Parking Card to avoid paying the CBX parking fees for any individual (including, but not limited to CBX passengers, friends, family members or a member of Vendor’s Team): 5.6.1. Vendor shall be required to reimburse CBX the equivalent of the full day parking fees for the Average Length of Stay applicable to the lot and season in which the Parking Car was misused, plus the Parking Card replacement fee (“Reimbursement Amount”). Vendor shall have fifteen (15) days to reimburse CBX for the full Reimbursement Amount. If Vendor fails to reimburse CBX during such time period, CBX reserves the right to charge interest on the Reimbursement Amount in an amount not to exceed 10% per annum;
• 5.6.2. CBX reserves the right to immediately remove such Vendor Team member’s Security Badge; and
• 5.6.3. After three (3) or more occurrences of a Violation, CBX reserves the right to terminate the Agreement.


6. Enforcement and Penalties for Non-Compliance.
• 6.1. Notices of Violation. Authorized CBX personnel have the authority to issue a Notice of Violation (NOV) to any person or commercial operator found to be in violation of any provision of these rules and regulations and any supplemental policies regarding the enactment of these rules and regulations issued by the Director.
• 6.2. Violations of these Rules and Regulations and supplemental policies issued by CBX may be punishable with remedial training, an administrative fine, suspension or revocation of CBX access privileges, badge suspension and/or badge revocation, or exclusion from CBX property depending on the number and severity of the violations.
• 6.3. Right of Removal. CBX security may immediately remove any individual from CBX property when necessary to protect the safety and security of CBX’s continued operation.

Failure to abide by any of these Rules and Regulations may result in the permanent removal from the Cross Border Xpress terminal in addition to and separate from CBX’s exercise of any other of its contractual or legal remedies and referral to law enforcement. Any changes to these Rules and Regulations may be made at the discretion of CBX without advance notice.