Taos Air Participation Agreement
This Operator-Participant Agreement (Agreement) sets forth the terms and conditions under which Ultimate JetCharters, LLC dba TAOS Air, 6061 West Airport Drive, North Canton OH 44720 (Ultimate), in return for payment in the amount indicated as the charter price, agrees to provide you (Participant) with charter air transportation (Charter).
Air Carriers and Aircraft: Ultimate is a direct air carrier certified by the Federal Aviation Administration to perform flights pursuant to 14 CFR Parts 135. The Charter will be performed using Dornier 328 jet aircraft with 30 seats. TAOS Air reserves the right to change the aircraft type or capacity, or the air carrier performing the charter flight. No refunds or compensation will be given for such substitutions or changes. Participant is not guaranteed single plane or non-stop service. TAOS Air will make best eff orts to provide substitute service at comparable departure times, subject to operational constraints. TAOS Air also reserves the right to substitute scheduled air service when necessary at no additional cost to Participant. If TAOS Air knows in advance of the need for substitute scheduled service, Participant will be notified no less than ten days prior to departure or as soon as the need for substitute service is known, and the Participant may either accept the scheduled service or request a full refund of the ticket price within seven days of notification.
The origin and destination cities for each flight leg, the dates of the outbound and return flights, and the amount and terms for payment will be printed on the ticket, which is incorporated herein by reference.
Charter Price: The charter price quoted to Participant includes charter air transportation and all applicable taxes and government-imposed user fees for the itinerary booked with TAOS Air. Participant is responsible for all incidental expenses. No refund will be made for services included in the ticket price which Participant chooses not to use.
Reservations and Payment: Full payment and acceptance of this Agreement are required to secure tickets. Credit card payments are processed directly into the escrow account at the depository bank.
Itinerary Changes and Cancellations: The right to refunds if the Participant changes plans is limited. CHARTER PAYMENTS ARE NON-REFUNDABLE, except for Major Changes, Substitution of another Participant, or telephone sales by credit card prior to acceptance of the Agreement. Participant's rights in all other circumstances are limited by the terms and conditions set forth in this Agreement. Information on trip cancellation, health, and accident insurance is available from third party providers. Further information is available on request.
TAOS Air will permit Participant to change or refund a Full Flex fare (refundable) up to 24 hours before departure. If the ticket is refunded within 24 hours, then a $100 penalty will be applied to the refund request. If Participant ‘no-shows,’ the Participant loses 100% of the value of the ticket. All other tickets are non-refundable but may be changed one time. Tickets are valid for up to 120 days of original travel date and may be changed without penalty up to 7 days before departure. The Participant pays the difference in fare (if any). If the ticket is changed within 7 days, then a $200 penalty will be applied to the change request, plus any difference in fare.
Administrative Fees are not included in the Charter Price and are not refundable under any circumstances.
Credit Vouchers and Free Flight Coupons: Credit Vouchers and Free Flight Coupons issued by TAOS Air are non-refundable, non-transferable, and may not be redeemed for any cash value. Voucher and coupons will expire at the end of the Winter season (December 20, 2018 – March 31, 2019). Once a flight has been booked using a Credit Voucher or Free Flight Coupon, cancellation or changes are not allowed. Participant must make a new Charter booking and pay the applicable fare at that time.
Major Changes: If TAOS Air makes a Major Change prior to departure, Participant has the right to cancel and receive a full refund of the amount paid. The following are 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 the Air Carrier (If, however, the delay is greater than 48 hours, it will be considered a major change. If a major change must be made in the Charter, TAOS Air 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, TAOS Air becomes aware that a major change must be made, TAOS Air 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 the ticket price within fourteen days after canceling. If a Major Change occurs after the departure of the Charter which Participant is unwilling to accept, TAOS Air 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 TAOS Air 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. TAOS Air 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, TAOS Air will notify Participant as soon as possible, but no later than the scheduled departure date. If TAOS Air cancels the Charter, it will make a full refund of the ticket price to Participant within fourteen days after cancellation. Participant
must provide TAOS Air with sufficient contact information to receive notices of a Major Change. Requests for refunds should be sent to: TAOS Air JetCharters, LLC dba TAOS Air, 6061 West Airport Drive, North Canton OH 44720.
Free Baggage Allowance: Each guest is permitted to check two pieces of baggage free of charge (up to 46 lbs in total weight), including snow sport equipment. One boot bag and one ski/snowboard bag are treated as one piece of baggage. As part of the free allowance, guests may also check bicycles. The bicycle must be packed in a bike box and subject to available space on a first come first serve basis. Any additional checked baggage will be subject to a fee of $50 for each additional piece. Carry-on baggage is limited to one item that is capable of being stored in the overhead bin and one small personal item. TAOS Air will transport a pet that remains confined to a suitable container that fits under the passenger seat for a fee of $100. Participant needs to call 833-359-8267(FLY TAOS) to confirm space. All checked and carry-on baggage must have outside baggage tags for identification.
Limitation on Liability for Baggage: TAOS Air refuses to accept the following high value, fragile, or perishable items as checked baggage: electronic equipment; musical instruments; ornamental items, including jewelry, wigs, wig boxes; antiques; silverware; clocks and watches; artistic items, including paintings, prints and photos; rugs; photographic equipment; recreational, camping, mechanical or sports equipment; items made of paper; business documents; edible or perishable items including fruits; x-ray items and other light-sensitive materials; medicines; or cash and other negotiable instruments. No payment will be made for claims relating to loss or damage for the foregoing items.
TAOS Air limits its liability for proven actual and consequential damages for lost, damaged, or delayed baggage and its contents to $3,400 per passenger.
Any baggage problems must be reported at the airport to a representative of TAOS Air or its agent at the time of Participant's claim. This procedure will include completing a baggage claim form which is required to process all claims. Participant should contact TAOS Air with any questions regarding its baggage policies.
Airport Check-In: All Participants must check in at the airport ticket counter no later than 30 minutes prior to the scheduled departure time.
Security Agreement: Participant's payments are protected in part by a security bond held at the Travelers Casualty & Surety Company of America, One Tower Square, Hartford, CT 06183. Unless Participant files a qualified claim with TAOS Air, or if TAOS Air 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 your 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.
Responsibility: TAOS Air is the principal and is responsible to Participant for providing public charter air transportation services. Neither TAOS Air, its agents, servants, employees, nor Participant's travel agent assumes responsibility, unless negligent, for any claim, action, cause of action, injuries, losses or damages arising from the third-party supplier of services in connection with the charter, including but not limited to reservations; missed connections; costs or expenses arising out of personal injury, accident or death; quarantine; disturbances; government restrictions or regulations; damage, loss, theft or delay of baggage or other property; inconveniences; loss of enjoyment; loss of pay; disappointment; mechanical breakdown; government action; strike; lockouts; war terrorism; weather; acts of God; force majeure; or other factors or causes beyond its control.
Customer Service: TAOS Air is committed to quality service. In the unlikely event that you have cause for dissatisfaction during your charter, please call 833-359-8267(FLY TAOS) to discuss the problem with a Customer Service Representative.
Travel Documents: "Participant" is responsible to determine and obtain proper travel documentation such as visas, passports and notarized authorizations. 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 travel ing, 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. All passengers must have a valid (unexpired) government issued photo ID. For all TAOS Air Flights a valid (unexpired) government issued photo ID such as a passport or state issued driver's license is mandatory for all persons 18 years of age or older. WITHOUT THIS IDENTIFICATION, YOU WILL BE DENIED BOARDING AND WILL NOT BE GIVEN A RETURN.
General: 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. If the Participant accepts a refund or alternative travel arrangements offered by TAOS Air, 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 contain s the entire agreement between the parties 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. Ohio state law shall govern this
Agreement. Any claim against TAOS Air must be presented in writing within ten days of the date of Participant's return flight, and TAOS Air is expressly not lia ble for any claims presented after said ten-day period.
Acceptance: Electronic signature or acceptance through the Internet, GDS, including, but not limited to acceptance by the travel agent (as representative of the Participant) will be an acceptable form of acknowledgement to the terms and conditions of this Operator-Participant Agreement. No ticket will be issued unless the Participant (or his travel agent) accepts this Agreement.
For telephone sales in which the Participant pays by credit card, TAOS Air will send a copy of this Agreement by mail or electronic mail within 3 days. Participant must execute the Agreement prior to travel. Participant is entitled to a full refund if the Participant decides not to participate in the Charter after reviewing the Agreement.