PUBLIC CHARTER PARTICIPANT AGREEMENT
- GENERAL: When you purchase a seat on a Fly Louie flight, a contract is made and each party has certain rights and obligations as set forth below. LOUIE, LLC d/b/a FLY LOUIE, 175 VARICK STREET, NEW YORK, NEW YORK 10014, is the authorized Public Charter operator. 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 FLY LOUIE-issued itinerary and are incorporated herein by reference. The price includes only the air transportation and ancillary services specified in the FLY LOUIE-issued itinerary; it does not include hotel accommodations or other ground accommodations or services unless otherwise specified.
- RESERVATIONS AND PAYMENT: Reservations may be made directly with FLY LOUIE or through your travel agent. Unless and until full payment has been made and you receive a confirmation email, you do not have a confirmed reservation. The only forms of payment accepted for transportation on FLY LOUIE flights are credit cards and electronic transfers of funds, whether transportation is purchased directly from FLY LOUIE or through a travel agent. Payment by credit card is not final and is subject to refund prior to execution of this Agreement. Your payment is protected in part by a security agreement between FLY LOUIE and First Western Trust, 1900 16th Street, Suite 1200, Denver, CO 80202. In addition, your payment is deposited in a Public Charter depository (escrow) account maintained by FLY LOUIE at First Western Trust. Unless you file a claim with FLY LOUIE, or if FLY LOUIE is unavailable, with First Western Trust 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, First Western Trust shall be released from all liability to you under the security agreement. ALL PAYMENTS SHALL BE PAYABLE TO FIRST WESTERN TRUST OR TO YOUR TRAVEL AGENCY, WHICH IN TURN SHALL MAKE ITS REMITTANCE PAYABLE TO FIRST WESTERN TRUST.
- AIR TRANSPORTATION: FLY LOUIE flights are operated by Reliant Air Charter, Inc., Lima NY Corp. d/b/a Fly the Whale, Altius Aviation, LLC, or other duly-licensed air carrier using 9-passenger executive-configured King Air 350, Cessna 208B Grand Caravan, Pilatus PC-12 or similar aircraft. The air carrier supplies the air transportation subject to all applicable laws, regulations, and international agreements governing air transportation. FLY LOUIE 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 given for such substitutions or changes. Additionally, and subject to the provisions of Paragraph 5 of this contract governing Major Changes, FLY LOUIE 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 issued by FLY LOUIE are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed.
- CHECK-IN INFORMATION: Please refer to your itinerary for check-in information. Passengers must present themselves for check-in at least fifteen (15) minutes prior to scheduled departure time unless notified otherwise. If you are not present at the boarding area at least ten (10) minutes prior to scheduled departure you will be considered a “no-show” and your seat may be sold to a standby passenger and/or the flight may depart without you. In such event, neither FLY LOUIE nor the air carrier shall be responsible or liable for your transportation. Please refer to Paragraph 6 below for additional information on no-shows.
- CANCELLATIONS BY FLY LOUIE, PRICE TERMS, AND MAJOR CHANGES: FLY LOUIE reserves the right to cancel a flight for any reason, provided FLY LOUIE will notify 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 fourteen (14) days after such cancellation. FLY LOUIE WILL NOT CANCEL A FLIGHT LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE FLIGHT. If such a circumstance occurs, FLY LOUIE will notify you as soon as possible, and if the trip is canceled, FLY LOUIE will refund all monies within fourteen (14) days. IF FLY LOUIE 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 a “major change:” (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; (iii) a price increase of more than ten (10) percent occurring ten (10) or more days before departure; or (iv) if the itinerary purchased from FLY LOUIE includes hotel accommodations, a substitution of any hotel not named in the FLY LOUIE-issued itinerary. If a “major change” occurs, FLY LOUIE will notify you within seven (7) days after learning of the change, but at least ten (10) days before the scheduled departure. If FLY LOUIE first knows of the “major change” less than ten (10) days before departure, FLY LOUIE 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, FLY LOUIE WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THAT PORTION OF YOUR PAYMENT WHICH APPLIES TO THE SERVICE NOT PROVIDED.
- PASSENGER CANCELLATIONS, CHANGES OF DATES, AND REFUNDS: YOUR RIGHT TO RECEIVE A REFUND IF YOU CHANGE PLANS IS LIMITED. Except as provided below, payments to FLY LOUIE are nonrefundable and passengers will not receive a refund for any cancellation, unless the canceling passenger or FLY LOUIE finds a substitute passenger. If a canceling passenger or FLY LOUIE provides a substitute passenger, the substitute passenger must take over and pay for the entirety of the canceled reservation; only then will the canceling passenger be entitled to a full refund. FLY LOUIE shall not be deemed to have provided a substitute passenger until the full capacity of the applicable flight or flights has initially been sold out. Name-change requests will be honored at no additional charge provided there is no other change to the reservation. Passengers may make date-change requests on a space available basis up to 12 hours before scheduled departure, provided the fares for the new flights are equal to, or less than, the value of the original ticket, and provided further the new flights are selected at the time of the date-change request. If the fares for the new flights are less than the value of the original ticket, passenger will not receive a refund of the difference. If the fares for the new flights are greater than the value of the original ticket, the passenger will be required to pay the difference in order to take the new flight(s). Cancellations and change requests should be made by contacting FLY LOUIE at 833-FLY-LOUIE or by email at email@example.com. Refunds, where applicable, will be made within 14 days after the date of cancellation.
- WAIT-LIST: If at the time your payment is received there are not enough seats remaining on the flight to cover your reservation request, Fly Louie will notify you immediately and will refund your payment within 7 days, unless you notify FLY LOUIE that you prefer to be wait-listed for the flight. In that case FLY LOUIE will retain your payment and place your name on a waiting list. Within 7 days thereafter, but no later than the date of departure, FLY LOUIE will contact you and if the flight remains fully booked, will refund your payment at that time unless you decide to remain on the waiting list. In all cases FLY LOUIE will refund your payment no later than 5 days after the scheduled date of departure if you did not secure a seat on the flight.
- STANDBY POLICY: A standby passenger is one who does not have a confirmed reservation but is present at the departure airport at least thirty (30) minutes prior to the scheduled time of departure. A standby passenger will only be allowed to board after all confirmed passengers are boarded. The number of available seats will be determined a few minutes prior to departure. FLY LOUIE will prepare a standby list on a first come, first served basis approximately thirty (30) minutes before scheduled departure time.
- BAGGAGE ALLOWANCE AND LIABILITY: Free baggage allowance per passenger is 35 pounds (consisting of two checked bags maximum), plus one carry-on bag not exceeding 45 inches in combined dimensions (length plus width plus height) or a personal item such as a purse, briefcase or laptop computer. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to weight and space restrictions and additional charges by the air carrier. For international flights, 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 $1,600.00 as of January 2018) per passenger, except in the case of loss, damage or delay to assistive devices of passengers with disabilities, as to which the limit does not apply. The air carrier must be notified of all baggage claims promptly upon discovery of the claim. The air carrier assumes liability only for baggage actually received by a representative of the air carrier from the individual passenger at airport check-in. Information on Special Drawing Rights is available at www.imf.org.
- RESPONSIBILITY: FLY LOUIE 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 of 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. Air carriers and other travel suppliers are not agents or employees of FLY LOUIE but are independent contractors over whom FLY LOUIE has no control. Accordingly, you hereby agree that, except as otherwise provided herein, FLY LOUIE 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 DIRECT AND IMMEDIATE CONTROL OF FLY LOUIE. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of FLY LOUIE, FLY LOUIE’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.
- IDENTIFICATION: BEFORE BOARDING, YOU MUST PRESENT A VALID STATE-ISSUED PHOTO IDENTIFICATION SUCH AS A DRIVER’S LICENSE; FOR INTERNATIONAL TRAVEL, A PASSPORT WITH AN EXPIRATION DATE SUBSEQUENT TO YOUR SCHEDULED RETURN DATE IS REQUIRED. THE NAME SHOWN IN THE PASSPORT OR OTHER PHOTO IDENTIFICATION SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST. FOR INTERNATIONAL TRAVEL, ONE OR MORE VISAS MAY BE REQUIRED AS WELL, DEPENDING ON THE PASSENGER’S NATIONALITY AND THE DESTINATION OF THE FLIGHT. FAILURE OF A PASSENGER TO POSSESS A VALID PHOTO IDENTIFICATION (OR WHERE REQUIRED, UNEXPIRED PASSPORT AND ANY REQUIRED VISAS) WILL RESULT IN DENIAL OF BOARDING WITH NO REFUND.12. NOTICES: All communication should be sent to FLY LOUIE, ATTN: CONSUMER AFFAIRS, at the address shown in Paragraph 1 above, or by email to firstname.lastname@example.org. Notices to FLY LOUIE are effective upon actual receipt by FLY LOUIE.
13. MISCELLANEOUS: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without giving effect to conflict of law principles. FLY LOUIE 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 restrictions may be imposed on one or more flights by any foreign governments involved. 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.
14. INSURANCE: Trip cancellation, health, and accident insurance is available for purchase by passengers. Details of this insurance will be sent to you upon request at email@example.com.
15. SIGNATURE: PASSENGER AGREES TO ALL TERMS AND CONDITIONS STATED ABOVE. IF PAYING BY CREDIT CARD, PASSENGER ADDITIONALLY ACCEPTS ALL TERMS AND CONDITIONS OF THE CARD ISSUER AGREEMENT.