Operator-Participant Contract

Contract Between Operator and Participant:  This Operator-Participant Contract (the “Agreement”) sets forth the terms and conditions under which, Choice Aire, LLC 5201 Blue Lagoon Dr. Suite 800, Miami, FL 33126 (the “Operator”), in return for payment in the amount indicated as the total ticket price, agrees to organize and arrange for you (the “Participant”), public charter air transportation services (“Charter”).  Operator is a U.S. Public Charter operator and indirect air carrier as defined in 14 CFR Part 380.

 

Electronic Contract:  Operator and Participant hereby agree that they will use electronic signatures and records in the business transaction(s) contemplated herein in accordance with the E-Sign Act of 2000 (Public Law 106-229) Participants must electronically sign this Agreement by clicking the “I Accept” button on the web page prior to booking your reservation(s) and paying for flight(s) and or other ancillary elements of your charter program.  Participant cannot book a reservation or make a payment without signing the Agreement.  Participant cannot book a reservation or make a payment without providing an e-mail address.  Providing a valid e-mail address is the Participant’s consent to receive documents electronically and is a demonstration of the ability to do so.  If Participant’s e-mail address changes, Participants must give timely notification to Operator.  Signing the Agreement affects your rights.  Please read this Agreement in its entirety before signing.  Participants have a right to receive a paper copy of this Agreement.

Responsibility:  Operator, as principal, is responsible to Participant for organizing and arranging Charter services.  Neither Operator, its agents, servants, employees, or Participant’s travel agents assumes responsibility, unless negligent, for any claim, action, causes of action, injuries, losses or damages arising  out of personal injury accident or death, quarantine; disturbances; government restrictions or regulations; damage, loss, stolen or delay of baggage or other property; inconveniences; loss of enjoyment; loss of pay; disappointment; mechanical breakdown; government action; strikes; lockouts; war terrorism, weather; acts of God; force majeure; or other factors or causes beyond its control.

 

Reservations and Payments:  Full payment and an acceptance of this Agreement is required to secure reservations.  Operator will only accept credit card payments, if the transaction is handled by an outside third party.  Credit card payments are processed directly into the escrow account at the depository bank.  Participant must be over 18 years of age to purchase tickets online.  When making a reservation for someone requiring special assistance (wheelchair etc.)  Participants must contact the customer service department at customerservice@choiceaire.com to arrange for special requirements.  The Participant has the right to receive a copy of this Agreement prior to making payment.  Participant waives any charge back rights that may be available to them from their credit card issuer, under law, or otherwise, that may be associated with claims resulting from factors that are not under the control or not the responsibility of the Operator.

 

Charter Price:  The ticket price quoted to Participant includes Charter and all applicable taxes, for the itinerary booked with the Operator.  Participant is responsible for all incidental expenses during the Charter.  Except for Major Changes as described below, no refund will be made for services included in the ticket price, which Participants voluntarily does not use.  All tickets are subject to fees including the following:  a 3% fuel surcharge, 2% security fee, 4.5% passenger facility fee, and a segment fee of 3%.

 

Major Changes: If Operator makes Major Changes prior to departure, “Participant” has the right to cancel and receive a full refund of their ticket price or the amount held in the escrow account. The following are major changes (“Major Changes”): (1) a change in the origin or destination city, unless the change affects only the order in which cities named in the itinerary are visited; (2) a change in the departure or return date unless the change results from a flight delay experienced by Xtra Airways Inc. (the “Direct Air Carrier”) (If, however, the delay is greater than 48 hours, it will be considered a major change.); or (3) a price increase of more than 10% occurring ten or more days before departure. If a Major Change must be made in the Charter, Operator will notify Participant within seven days after first learning of the change, but in any event at least ten days prior to the scheduled departure. If less than ten days before the scheduled departure, Operator becomes aware that a Major Change must be made, Operator will notify Participant as soon as possible. Within seven days after receiving notification of a Major Change, but in no event later than departure, Participant may cancel Participant’s reservation and Participant will receive a full refund of their ticket price within fourteen days after canceling. If a Major Change occurs after the departure of the Charter, which Participant is unwilling to accept, Operator will refund, within fourteen days after your scheduled return date, that portion of Participant’s ticket price which applies to the services not accepted. If Operator must cancel the Charter, we will notify Participant in writing within seven days of the cancellation, but in no event later than ten days before the scheduled departure date. Operator has no right to cancel the Charter less than ten days before the scheduled departure date except for circumstances that make it physically impossible to perform the Charter. If that occurs, Operator will notify Participant as soon as possible, but no later than the scheduled departure date. If Operator cancels the Charter, it will make a full refund of the ticket price to Participant within fourteen days after cancellation. The ticket price held in the depository account excludes any administrative fees and/or penalty fees previously charged.

Conditions of Carriage: The Operator and Direct Air Carrier have certain rights and authority regarding the operation of each flight as set forth below (the “Conditions of Carriage”):

      The Authority of the Pilot in Command:  The pilot in command (the “PIC”) of the aircraft is the Direct Air Carrier’s agent and shall have complete and final authority and discretion over the enforcement of the Conditions of Carriage, the aircraft, and all matters concerning the preparation and operation of the aircraft including the suitability of the weather and landing areas, the condition of the aircraft for flight, landing of the aircraft, the manner of flight and all other factors affecting flight safety and operational control.  In this regard, the PIC shall have sole discretion to determine whether flights should be rerouted, shortened, delayed, terminated, or refused.  The PIC shall also have complete authority and discretion with respect to passenger loads and baggage carried on board the Aircraft, including the stowage and distribution of the same.

      Admission of Participants to the Charter flights: The Direct Air Carrier and/or the Operator retain the right to jointly or severally decline any person as a member of the Charter or to change or withdraw a Charter if necessary. Furthermore, Operator, Direct Air Carrier, or PIC may, under any circumstance or circumstances listed below, refuse to board, remove from the aircraft, at any airport, and/or refuse to transport a Participant:

         Whenever such action is necessary to comply with the request of a government or to comply with a governmental regulation.

         Participant’s conduct or condition, where conduct, status, mental or physical condition is such as to (a) render Participant incapable of caring for himself or herself without assistance, unless accompanied by another Participant who will be responsible for caring for him en route and with the attention of such attendant, he will not require an unreasonable amount of attention from the Aircraft’s crewmembers (b) make refusal or removal necessary for the reasonable safety or comfort of other passengers, or (c) involve any unusual hazard or risk to himself or other persons (including, in the case of pregnant passengers, unborn children) or to property.

         A Participant who refuses to permit the search of his person or property, when the Aircraft's captain or Operator's personnel determine such search is necessary for safety reasons.

         A Participant who refuses, when requested, to produce valid, positive identification.

         A Participant who refuses to comply with Operator's, Direct Air Carrier's, or governmental rules, regulations, or instructions.

 

      Operator’s Discretion Regarding Passengers/Baggage: Not withstanding Section “Conditions of Carriage” hereof, Operator reserves the right to impose limits on the amount of baggage and/or number of passengers permitted on board each flight in order to meet the weight and balance limitations of the Aircraft.

      Hazardous Materials Restrictions:  Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals.  There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information, contact the Direct Air Carrier.  Participant acknowledges that Direct Air Carrier is a “will not carry” operator with regard to hazardous materials transport regulations.  http://www.tsa.gov/traveler-information/prohibited-items

      Participant Identification: all Participants must carry a government-issued photo identification document (such as driver’s license or passport) to be presented to the flight crew upon request during the boarding process.  The flight crew may deny boarding to any Participant who cannot product such identification or for whom the authenticity of the identification document(s) is in question.

      Travel Authorizations/Permits: Participants shall be responsible for obtaining any travel authorization documents, such as passports, visas, or tourist cards that may be required by destination government authorities to be presented to the flight crew upon request during the boarding process.  The flight crew may deny boarding to any Participant who cannot product such documentation for a flight where such documentation is required or for whom the authenticity of the document(s) is in question.

 

Baggage Allowance: FAA determines standard checked bags as weighing a total of 30 lbs. not to exceed 62 inches in overall dimension (length + width + height) and carry-on bags as weighing a total of 16 lbs. [comment - ref: FAA AC 120-27E] not to exceed 45 inches in overall dimension. Any excess baggage is subject to additional fees. Baggage allowances vary by Air Carrier. Visit the FAQ questions section of our website at www.choiceairemiami.com for route specific baggage allowances and fees. All baggage must have outside baggage tags for identification.

 

Baggage Liability: Charter Operator and Direct Air Carrier do not accept liability for baggage or personal property in any way.

Participant should contact the Operator or visit the FAQ questions section of our website at www.choiceairemiami.com with any inquiries regarding baggage liabilities and policies.

 

Direct Air Carrier and Aircraft: Air transportation for Charters will be provided by Xtra Airways Inc., a Direct Air Carrier as defined by 14 CFR Part 380.  Charters will be operated on a (150) passenger Boeing 737-400 jet aircraft.  The “Operator” reserves the right to change the aircraft type or capacity and does not guarantee single plane or non-stop service. No refunds or compensation will be given for such substitutions or changes. The “Operator” also reserves the right to substitute scheduled air service when necessary at no additional cost and at comparable departure times.  

 

Security Agreement: Participant’s payments are protected in part by a security bond held at Shelby Financial Corp., 5 Great Valley Parkway, Suite 110, Malvern, PA 19355 (the “Securer”). Unless Participant files a qualified claim with Operator, or if Operator is not available, with the Securer, within 60 days after the completion of the Charter (or in the case of cancellation, the intended date of Participant’s Charter), the Securer will be released from all liability to Participant under the security agreement. If there is no return flight in “Participant’s” itinerary, completion means the date or intended date of departure of the last flight in Participant’s itinerary [comment: 14 CFR Part 380.13 prohibits sale of roundtrips with open returns].

 

Changes, Cancellations and Refunds: Due to the limited nature of flights, rights to refunds, changes or exchanges are limited. Notwithstanding the aforementioned regarding refunds, changes, or exchanges, any participant who wishes to cancel may receive a full refund (less any applicable administrative fee, not to exceed $75) at the sole discretion of Choice Aire (“indirect Air Carrier”).

 

Airport Check-In: All Participants must check in at the airport ticket counter no later than 60 minutes prior to scheduled departure. Participants will not receive refunds for missed flights or connections. Check-in Times may vary. Please check your flight itinerary for exceptions.

 

Travel Documents: Participant is responsible to determine and obtain proper travel documentation such as visas, passports and notarized authorizations. All Participants must present a valid, government issued photo ID in order to board the plane. For more information on U.S. entry requirements, please visit www.travel.state.gov or www.dhs.gov. Please consult the Consulate of Participant’s International Destination for further information on their entry requirements. For all destinations, infants and children traveling without both parents must have a notarized letter from the parent(s) not traveling, a death certificate or the original court document specifying sole custody. No refunds will be made if improper documentation results in denied boarding or entry.

 

General Term and Conditions: The rights and remedies made available under this Agreement, including the procedures for Major Changes, are in addition to any other rights and remedies available under the available law. Any refunds offered by the Operator to the Participant is with the express understanding that the receipt of that refund or alternative travel arrangements by a Participant waives all additional remedies available under applicable law. By executing this Agreement, Participant specifically acknowledges and consents to all conditions set forth herein. This Agreement contains the entire agreement between the Operator and the Participant and it completely supersedes any prior written or oral agreements or representations. This Agreement can be amended only in writing and must be signed by both parties. Any oral representations or modifications shall have no force or effect. Florida state law shall govern this Agreement. Any claim against Operator must be presented in writing within ten days of the date of Participant's return flight, and Operator is expressly not liable for any claims presented after said ten-day period.

Further Information: If Participant wished to be furnished details regarding trip cancellation, health, and accident insurance, please calls Choice Air at (786) 532-1756

 

Acceptance: By purchasing a ticket, Participant agrees to and acknowledges complete understanding of all terms and conditions as set forth in this Agreement.