MEMBERJETS / SKY380 TERMS AND CONDITIONS
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When you, the customer, purchase a seat on a MemberJets / SKY380 Public Charter flight, each party has certain rights and obligations as stated below.
1. General: MEMBERJETS / SKY380, LLC (“MemberJets / SKY380”), 1234 AIRPORT RD, SUITE 215, DESTIN, FLORIDA 32541, is the authorized Public Charter operator. The price of the trip, dates of the flights, origin and destination cities of each flight, and other conditions, are as specified in the applicable MemberJets / SKY380-issued itinerary, and are incorporated herein by reference. The price includes air transportation and may include ground accommodations and other services if specified in the applicable MemberJets / SKY380-issued promotional materials and itinerary; it does not include optional features or other transportation, accommodations or services.
2. Reservations and Payment: Reservations must be made directly with MemberJets / SKY380 or through its authorized agent. Full payment for the trip being purchased is due at the time of reserving a seat. If the trip is fully booked when your reservation request is received, payment received by MemberJets / SKY380, if any, will be returned within 7 days, or with your authorization, MemberJets / SKY380 can retain the deposit and place your name on a waiting list in case other passengers cancel their reservations. Even if you authorize us to put your name on a waiting list, we will notify you within 7 days (but in no event later than the date of departure) that your selected trip is fully booked.
3. Financial Protection: In accordance with federal regulations, your payment is transmitted to and deposited in MemberJets / SKY380' Public Charter depository (escrow) account at First Western Trust, 1900 16th Street, Suite 1200, Denver, Colorado 80202. Your payment is additionally protected in part by a security agreement between MemberJets / SKY380 and ACSTAR Insurance Company, 30 South Road, Farmington, Connecticut 06032. Unless you file a claim with MemberJets / SKY380, or if MemberJets / SKY380 is unavailable, with ACSTAR Insurance Company, within sixty (60) days after arrival (or in the case of a canceled flight, the intended date of arrival) of the last flight in your itinerary, ACSTAR Insurance Company shall be released from all liability to you under the security agreement. ALL PAYMENTS SHALL BE MADE BY CREDIT CARD OR BY ELECTRONIC TRANSFER OF FUNDS AND SHALL BE DEPOSITED BY MEMBERJETS / SKY380 OR ITS AUTHORIZED AGENT DIRECTLY INTO THE PUBLIC CHARTER DEPOSITORY (ESCROW) ACCOUNT IDENTIFIED ABOVE.
4. Air Transportation: In all cases flights are operated by duly-licensed air carriers holding authority to operate between the points specified in the travel itinerary; the specific carrier and aircraft type is identified in the applicable promotional materials and/or itinerary and is additionally available from MemberJets / SKY380 or its authorized agent upon request. The air carrier supplies air transportation subject to applicable laws, regulations and agreements governing air transportation, and its performance of each flight is subject to issuance of such approvals, clearances, permits and operating authorities as may be required by any government, governmental agency or airport authority for the operation of such flight. MemberJets / SKY380 and the air carrier reserve the right to substitute another duly-licensed air carrier and/or to change the aircraft type, capacity and routing, and do not guarantee nonstop service. No refund will be provided for such substitutions or changes. Additionally, and subject to the provisions of this contract governing Major Changes, MemberJets / SKY380 reserves the right to change the form of service from charter flight to scheduled flight and vice versa. Consumer protections afforded Public Charter passengers will apply only to those passengers who actually travel on a Public Charter flight. Passengers who actually travel on scheduled flights will receive only the consumer protections applicable to scheduled service. Travel documents are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed. Smoking is prohibited at all times on all flights, including all tobacco products and the use of electronic cigarettes. Lithium battery operated devices, including but not limited to electronic cigarettes, mobile phones, and laptop and tablet computers, may not be included in checked baggage but may be included in carry-on baggage or on one’s person. Any spare batteries must be insulated from one other.
5. Flight Check-In and Security Screening: Please refer to your itinerary for check-in information. Passengers should present themselves for check-in at least 20 minutes prior to scheduled departure time unless notified otherwise. If you are not present at the boarding area at least 10 minutes prior to scheduled departure you will be considered a “no-show” and the flight may depart without you. In such event, neither MemberJets / SKY380 nor the air carrier shall be responsible or liable for your transportation or for any refund. Passengers are subject to search of their person and search or inspection of their property, including baggage, in accordance with security screening procedures, which can include an electronic detector with or without the passenger's consent or knowledge. Any passenger who does not consent to a search of his or her person or property will be refused transportation, and neither MemberJets / SKY380 nor the air carrier will be liable for any inconvenience, delay, loss, damage, injury or refund to that passenger.
6. Cancellations by MemberJets / SKY380, Price Terms, and Major Changes: MemberJets / SKY380 reserves the right to cancel a trip for any reason, provided MemberJets / SKY380 or its authorized agent notifies you by email or other written communication within seven (7) days after the date of cancellation, but no later than ten (10) days before the scheduled departure date. A full refund of the payment collected for the canceled trip will be made within fourteen (14) days after such cancellation. MEMBERJETS / SKY380 WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP OR DIRECLY IMPCATS THE SAFE OPERATION OF THE FLIGHT. If such a circumstance occurs, MemberJets / SKY380 will notify you as soon as possible, and if the trip is canceled, MemberJets / SKY380 will refund all monies paid for the canceled trip within fourteen (14) days less any associated credit card processing fees. IF MEMBERJETS / SKY380 MAKES A PRE-DEPARTURE MAJOR CHANGE TO A TRIP, YOU MAY CANCEL YOUR RESERVATION WITHIN SEVEN (7) DAYS AFTER RECEIVING NOTIFICATION OF THE MAJOR CHANGE, BUT IN NO EVENT LATER THAN DEPARTURE, AND YOU WILL RECEIVE A FULL REFUND WITHIN 14 DAYS AFTER CANCELING. Only the following constitute major changes: (i) a change in the departure or return date unless the change results from a flight delay experienced by the air carrier, although a delay of longer than forty-eight (48) hours will always be considered a major change; (ii) a change in the origin or destination city for any flight, unless the change affects only the order in which cities named in a travel package are visited; If a major change occurs, MemberJets / SKY380 will notify you within seven (7) days after learning of the change, but at least ten (10) days before the date of scheduled departure. If MemberJets / SKY380 first knows of a major change less than ten (10) days before departure, MemberJets / SKY380 will notify you as soon as possible. IF A MAJOR CHANGE YOU ARE UNWILLING TO ACCEPT OCCURS AFTER DEPARTURE OF YOUR INITIAL FLIGHT, MEMBERJETS / SKY380 WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THE PORTION OF YOUR PAYMENT WHICH APPLIES TO THE SERVICE OR SERVICES NOT PROVIDED.
7. Passenger Cancellations, Changes of Dates, and Refunds: YOUR RIGHT TO RECEIVE A REFUND IF YOU CHANGE PLANS IS LIMITED. Except as provided below, MemberJets / SKY380 does not offer refunds for canceled or unused reservations. If you cancel a reservation ten (10) or more days before the scheduled date of departure, you will receive a 90% refund less credit card processing fees. MemberJets / SKY380 Refunds may not be received until original flight has been completed. The MemberJets / SKY380 flight account of passengers canceling less than ten (10) days before the scheduled date of departure, but at least one (1) hour before the scheduled time of departure, will be refunded with 75% of the value of the canceled transportation if the seat is filled by another passenger, but will receive no credit if the seat is unfilled. No-show passengers and passengers canceling less than one (1) hour before the scheduled time of departure will receive no refund and no credit. Exception to all of the above: If a canceling passenger or MemberJets / SKY380 provides a substitute passenger who takes over and pays for the entirety of a canceled reservation, the canceling passenger shall be entitled to a full refund minus a $150.00 administrative fee. MemberJets / SKY380 Date-change requests are treated as cancellations with the above provisions being applicable. Name-change requests will be honored provided there is no other change to the reservation; a $25.00 administrative fee will apply. Cancellations and change requests should be made by contacting MemberJets / SKY380’s authorized agent or MemberJets / SKY380 directly by telephone at 844-411-5387 or by email at email@example.com. Refunds, where applicable, will be made within 14 days after the date of cancellation.
8. Baggage Allowance and Restrictions: Free baggage allowance per passenger varies according to the air carrier and aircraft assigned to the flight; one additional personal item such as a purse, briefcase or laptop computer is always permitted. Air carriers normally anticipate one large suitcase per passenger. If you need further information regarding luggage capacity or free baggage allowance, contact MemberJets / SKY380’s authorized agent or MemberJets / SKY380 at 844-411-5387 or by email at info@SKY380.com prior to booking the flight. For all passengers, vital medicines including insulin, pills, and other medications may not be included in checked baggage and must be hand-carried by the passenger. Neither MemberJets / SKY380 nor the air carrier will be liable or responsible for any medical complications or expenses incurred by a passenger as a result of medications being included in passenger's checked baggage and not available while in transit or thereafter. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to weight and space restrictions and possible additional charges by the air carrier. The air carrier will refuse to accept the following articles for transportation unless advance written arrangements have been made with and accepted by the carrier: firearms and ammunition; any liquids in baggage or otherwise; and live animals (other than a service animal as determined by an identification card, other written documentation, presence of harness or identifying tag, or the credible verbal assurances of an individual with a disability using the animal). Under no circumstances will the air carrier accept for transportation in checked or hand-carried baggage or as cargo, nor may any passenger bring aboard the aircraft, any article constituting or containing a hazardous material. For this purpose, hazardous material (also known as HAZMAT, Dangerous Goods or DG) is defined as any article or substance the transportation of which by air is prohibited, restricted or otherwise affected by any rule or regulation of the US Department of Transportation, including the Pipeline and Hazardous Materials Safety Administration, the US Federal Aviation Administration, or the International Civil Aviation Organization.
9. Air Carrier Liability: In the case of international air transportation, in accordance with the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, Canada on May 28, 1999 (the Montreal Convention), the air carrier’s liability for loss, damage or delay of baggage shall be limited to 1,131 Special Drawing Rights (equal to approximately $1,500.00 as of October 2017) per passenger. The air carrier must be notified of all baggage claims promptly upon discovery of the claim. In the case of domestic (US) air transportation, the air carrier’s liability for loss, damage or delay of the passenger’s property, if any, in the custody of the air carrier shall not exceed $3,500.00 and is subject to proof of the actual amount of loss. The air carrier has no liability for baggage not received by a representative of the air carrier from the individual passenger or otherwise not delivered into in the carrier’s custody. Except as required by applicable laws or regulations, the air carrier will not be responsible or liable for injury or loss resulting from the theft, loss, damage to or delay of valuables included in the passenger's checked baggage, including but not limited to money, negotiable papers, securities, vital medicines, jewelry, silverware, precious metals, sporting equipment, cameras, lenses, radios, electronic equipment or other similar valuables. Additionally, with respect to passengers on an international journey to, from, or with an agreed stopping place in the United States of America, the Montreal Convention and special contracts of carriage provide that the liability of the air carrier, in the event of death of or personal injury to a passenger, is limited, in most cases, to proven damages not to exceed 113,100 Special Drawing Rights (equal to approximately $150,000.00 as of October 2017) per passenger, and that this liability, up to such limit, shall not depend on negligence on the part of the carrier. Information on the current value of a Special Drawing Right is available at www.imf.org. To the maximum extent permitted by law, no action shall be commenced for loss of, damage to or delay in delivery of baggage or on any other claim including personal injury or death arising out of, or in connection with, air transportation, or for failure to transport any passenger or baggage, unless notice of the claim is presented to the air carrier within seven (7) days from receipt of baggage in the case of a claim for baggage damage, and within twenty-one (21) days from receipt of baggage in the case of a claim for delay; or four (4) hours of the flight arrival time at the destination city in the case of a claim for lost baggage; or seven (7) days after the alleged occurrence in the case of a claim for personal injury. Further, to the maximum extent permitted by law, in the case of damage or loss of baggage, or personal injury or death, an action for recovery of damages shall be barred unless such action is commenced within two (2) years after the alleged occurrence.
10. Responsibility: MEMBERJETS / SKY380 IS THE PRINCIPAL AND IS RESPONSIBLE FOR MAKING ARRANGEMENTS TO PROVIDE THE SERVICES INCLUDED IN THE TRIP. In all cases, air transportation is subject to the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket or equivalent document for conditions of contract and notice of incorporated terms, and inquire of the airline for additional details. MemberJets / SKY380 does not own, lease or operate any aircraft. Air carriers and other travel suppliers are not agents or employees of MemberJets / SKY380, but are independent contractors over whom MemberJets / SKY380 does not have control. Accordingly, you hereby agree that, except as otherwise provided herein, MEMBERJETS / SKY380 IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, INJURY, EXPENSE, DAMAGE TO PROPERTY OR PERSONAL SICKNESS, INJURY OR DEATH WHICH RESULTS DIRECTLY OR INDIRECTLY FROM (A) AN ACT OR OMISSION OF ANY AIR CARRIER OR OTHER TRAVEL SUPPLIER, OR (B) ANY OTHER CAUSE OR ACT, OF WHATSOEVER NATURE, BEYOND THE CONTROL OF MEMBERJETS / SKY380. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of MemberJets / SKY380, MemberJets / SKY380’ sole liability shall be to refund to you that portion of the price allocable to the services not provided. Any deviation from the trip that you initiate is solely your responsibility.
11. Passenger Identification: Before boarding, you must present government-issued personal photo identification, such as a driver’s license. For international flights, a valid passport with an expiration date subsequent to your scheduled return date must be presented before boarding; the name shown in the passport should match your name as it appears on the passenger reservation list. One or more visas may be required as well, depending on the passenger’s nationality and the destination of the trip. Each passenger is responsible for obtaining all necessary travel documents (photo identification, passport, visa, tourist card, immunization certificate and any other documents as required) and for complying with the laws of each country from, through or to which he/she receives transportation. Failure of a passenger to possess required travel documentation will result in denial of boarding with no refund.
12. Notices: All communications should be sent to MemberJets / SKY380 at the address shown in Paragraph 1 above, or by email to info@SKY380.com. Notices to MemberJets / SKY380 are effective upon actual receipt by MemberJets / SKY380.
13. Insurance: Trip cancellation, health, and accident insurance is available for purchase by passengers. Details of this insurance are available, and insurance may be purchased, at insuremytrip.com.
14. Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to its conflicts of law principles. MemberJets / SKY380 reserves the right to amend this contract without notice to the passenger so long as such amendment is in compliance with applicable governmental regulations or waivers thereof. Additional government restrictions may be imposed on one or more flights. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law; however, acceptance of a refund furnished under this contract shall constitute a waiver of such other rights and remedies.
15. Signature; Continuing Agreement: Your signature transmitted by electronic means or otherwise constitutes acceptance of the terms and conditions of this OPC. One passenger who pays for others may sign on behalf of all members of the group. The terms and conditions of this OPC will apply to any and all future MemberJets / SKY380 flights booked by or on behalf of the passenger accepting this OPC, unless the passengers is notified to the contrary by MemberJets / SKY380 or signs a subsequent MemberJets / SKY380 OPC which shall supersede this OPC.
MJ/SKY380 Operator-Participant Contract 181218