1. General
When you purchase a seat on a K9 Jets flight, a contract is made and each party has certain rights and obligations as set forth below. K9 Jets Ltd, with an office at Grosvenor House, 11 St Pauls Square, Birmingham, United Kingdom, B3 1RB, is the authorized Public Charter operator (“PCO”). The price of your trip, dates of the outbound and return flights, origin and destination cities, and other conditions, are as specified in the applicable PCO itinerary and/or your accepted reservation and are incorporated herein by reference. Unless otherwise specified, the price includes only air transportation.
2. Reservations & Payments
Reservations may be made directly with PCO. Within seven days of receiving your reservation request, PCO will review your travel document and pet details. If everything is to PCO’s satisfaction, you will be notified that your payment has been accepted and your reservation confirmed. Unless and until full payment has been received, you do not have a confirmed reservation. If there is an issue with your travel details, you will receive a notification and phone call advising that your reservation is canceled. Your payment is transmitted directly to PCO’s public charter depository (escrow) account at Central Bank & Trust, 1 South Nevada Avenue, Suite 203, Colorado Springs, CO 80903 (719) 228-1080. Your payment is additionally protected in part by a security agreement between PCO and ACSTAR Insurance Company, 30 South Road, Farmington, CT 06032. Unless you file a claim with PCO, or if PCO is unavailable, with ACSTAR Insurance Company within sixty (60) days of arrival (or in the case of a canceled charter, the intended date of arrival) of the last flight of your itinerary, ACSTAR Insurance Company shall be released from all liability to you under the security agreement.
3. Air Transportation
PCO flights are operated by Pegasus Elite Aviation, or a similarly situated air carrier, using Gulfstream G-IV/G-IVSP aircraft seating up to ten (10) passengers or similar aircraft. Pegasus Elite Aviation supplies air transportation subject to all applicable laws and regulations governing the provision of commercial air transportation. PCO and Pegasus Elite Aviation reserve the right to substitute another duly licensed carrier and/or to change the aircraft type, capacity, and routing; no refund will be given for such substitutions or changes. Additionally, and subject to the provisions of this contract governing “Major Changes,” PCO 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. Tickets issued or procured by PCO are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed.
4. Check-In Information
Please refer to your itinerary for check-in information. Passengers must present themselves for check-in at least sixty (60) minutes prior to scheduled departure time. If you are not present at the boarding area at least thirty (30) minutes prior to scheduled departure, you will be considered a “no-show;” and your seat may be sold to a standby passenger. In such event, neither PCO nor Pegasus Elite Aviation shall be responsible or liable for your transportation. Please refer to Paragraph 6 below for additional information on no-shows.
5. Cancellations by PCO, Price Terms and Major Changes
PCO reserves the right to cancel a trip for any reason, provided PCO notifies you in writing within seven (7) days after the cancellation occurs but no later than ten (10) days before the scheduled departure date. A full refund will be made within twenty-eight (28) days after such cancellation. PCO WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP. If such a circumstance occurs, PCO will notify you as soon as possible; and if the trip is cancelled, PCO will refund all monies within fourteen (14) days. IF PCO MAKES A PRE-DEPARTURE “MAJOR CHANGE” TO A TRIP, YOU MAY CANCEL UP TO TWENTY-FOUR (24) HOURS BEFORE DEPARTURE AND RECEIVE A FULL REFUND WITHIN FOURTEEN (14) DAYS AFTER CANCELLATION. 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; or (iii) a price increase of more than ten (10) percent occurring ten (10) or more days before departure. If a “major change” occurs, PCO will notify you within seven (7) days after learning of the change but at least ten (10) days before the scheduled departure. If PCO first knows of the “major change” less than ten (10) days before departure, PCO will notify you as soon as possible. IF A “MAJOR CHANGE” WHICH YOU ARE UNWILLING TO ACCEPT OCCURS AFTER YOUR OUTBOUND FLIGHT HAS BEEN COMPLETED, PCO WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THAT PORTION OF YOUR PAYMENT WHICH APPLIES TO THE SERVICE NOT PROVIDED.
6. Passenger Cancellations, Itinerary Changes and Refunds
IF YOU CANCEL OR CHANGE A CONFIRMED RESERVATION, OR IF YOU “NO SHOW” FOR A FLIGHT, YOUR RIGHT TO A REFUND IS LIMITED AS FOLLOWS: All confirmed reservations are nonrefundable. If you cancel or change your reservation, no refund will be due. If you “no show” for a flight, we will consider that a passenger cancellation; and no refund will be due. Any refund, if applicable, will be made within fourteen (14) days after the date of cancellation. If, at time of cancellation, a passenger provides a substitute participant utilizing the same itinerary, or if PCO provides the substitute, a full refund less a $25 administrative fee will be provided. PCO shall not be deemed to have provided a substitute participant unless all seats on the flight have been initially sold out.
7. Baggage Allowance and Liability
Checked baggage allowance is 20kg per paying passenger for all trips. Each passenger also may carry one carry-on bag and one personal item in the aircraft cabin. TSA requires that passengers are allowed to bring one small bag of liquids, aerosols, gels, creams, and pastes through the checkpoint with your carry-on bag. These are limited to 3.4 ounces or less per container. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and possible additional charges. PCO and Pegasus Elite Aviation neither assume nor accept liability for lost, delayed, or damaged bags, except as provided in the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage and as provided by applicable law or international treaty.
8. Responsibility
PCO is the principal and is responsible for making arrangements to provide the services included in the trip. In all cases, transportation is subject to all 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 for conditions of carriage and notice of incorporated terms, and inquire of the airline for additional details. Airlines and other travel suppliers are not agents or employees of PCO but are independent contractors over whom PCO has no control. Accordingly, you hereby agree that, except as otherwise provided herein, PCO is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury, or death to you, or any animal you transport on a flight, that 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 direct and immediate control of PCO. You are responsible for any damage to the aircraft caused by you or any animal you transport on a flight, and you shall indemnify and hold harmless PCO from any such damage. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of PCO, PCO’s 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.
PCO shall not be liable for any damage, loss, expense, or other irregularity caused by the defect of any vehicle or conveyance, or the acts, omissions, or negligence of any air carrier or other third-party engaged in conveying the participant or carrying out the arrangements for any trip.
Any Flight may be governed by the International Convention for the Unification of Certain Rules Relating to International Carriage by Air as amended (the “Warsaw Convention”) as amended and supplemented and/or by the rules and regulations established by the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28th May 1999 (“the Montreal Convention”) which rules and limitations shall, to the extent such Warsaw Convention and/or the Montreal Convention is/are applicable, apply to any Flight(s) conducted by the air carrier.
9. Identification and Travel Documents
YOU MUST PRESENT GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST. FAILURE TO PROVIDE THIS TYPE OF IDENTIFICATION COULD LEAD TO DELAY IN BOARDING OR TO DENIAL OF BOARDING. PLEASE BE SURE TO HAVE SUCH IDENTIFICATION AND ALL REQUIRED TRAVEL DOCUMENTS READY WHEN YOU CHECK IN. You are responsible for obtaining all necessary travel documents (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 you receive transportation. You agree to indemnify PCO for any loss, damage, or expense suffered or incurred by reason of your failure to comply with this Section 9.
10. Force Majeure
The PCO shall have no liability or responsibility for any failure or delay in the performance of its obligations under this agreement due directly or indirectly to Force Majeure. A Force Majeure means other than the lack of the availability of adequate financial resources, any events, circumstances or causes beyond the party’s reasonable control including but not limited to the following: acts of God, flood, earthquake, windstorm or other natural disaster; quarantine, epidemic or pandemic, Crew sickness; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; compliance with any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, fuel or gas; non-performance by suppliers or subcontractors; and any labour or trade dispute, strikes, industrial action or lockouts. If a flight cannot be performed or completed due to a Force Majeure event, the PCO sole obligation will be to refund to you any amount of money paid in connection with a canceled flight. Notwithstanding the foregoing, PCO WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP.
11. Notices
All communication should be sent to PCO at the address shown in Paragraph 1 above, or booking@k9jets.com. Notices to PCO are effective upon actual receipt by PCO.
12. Applicable Law
This contract is governed by and shall be construed under the laws of the State of New Jersey.
13. Miscellaneous
PCO 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. 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. PARTICIPANT AGREES THAT UNDER NO CIRCUMSTANCES SHALL PCO BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) INCLUDING LOSS OF REVENUE, LOSS OF USE, OR ANTICIPATED PROFITS.
14. Insurance
Trip cancellation, health, and accident insurance is available for purchase by all passengers from third-party vendors. Options for such insurance can be sent to you upon request.
15. Operational Control
The air carrier shall be responsible for the operation of the aircraft and the safe performance of each flight and shall retain full operational control and possession of the aircraft to enable it to do so. The captain of the aircraft has absolute discretion as to when and whether any flight should be undertaken and when and whether the aircraft should be landed and whether or not he or she refuses to transport any passenger, baggage, animal or cargo. The passenger agrees to accept all decisions made by the captain and hereby shall waives all claims against the operator, the PCO and their respective servants and agents for any loss, damage or costs of any nature and in any way that arise, whether in contract or tort or otherwise as a result of such decision, except that PCO’s sole liability shall be to refund to you that portion of the price allocable to the services not provided.
In the event that you are refused entry at any arrival airport, you shall indemnify and keep indemnified the PCO, against any and all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) incurred by the PCO in respect of any arrangements made by the air carrier and/or the PCO to return you to the country from which were originally carried.
Neither party may assign this contract without the express written consent of the other party.
Participant hereby represents, warrants, and agrees that: (i) Participant is not a sanctioned individual, Designated Party, or otherwise the subject or target of any economic, export, or trade sanction law, or regulation or travel ban, or is or could be designated as a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker, or any other similar designation that would prohibit Participant from transacting with PCO under applicable law; (ii) Participant will promptly notify PCO in writing should it know, or have reason to know, of any change or potential change in status under this provision; (iii) funds paid to PCO by Participant are not derived from illegal acts; and (iv) PCO may be required by law to block, freeze, and/or remit funds, which it will do without liability to Participant.
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