SkyValue Terms &
Conditions
THE ACCEPTANCE OF YOUR TRAVEL DOCUMENTS CONSTITUTES ACCEPTANCE OF AN
AGREEMENT TO THIS CONTRACT. Thank you for choosing a SkyValue
("Operator") charter air reservation. To ensure that you understand the
conditions of your particular reservation, please read the following
policies and procedures completely. A signed operator/participant
contract is required for each charter air passenger with payment.
All policies and procedures, including dollar amounts, in this
contract are subject to change at any time without notice at the
sole discretion of SkyValue.
This contract includes very important information to the
passenger ("Participant") from CFIRSTCLASS CORP dba SkyValue USA the ("Operator"). Payment by
the participant for an air reservation shall represent consent and acknowledgment of all
provisions in the condition list as published in this contract. All checks
and money orders must be made payable to our depository bank, "National
City Bank of the Midwest" or to your travel agent, who in
turn must make their check payable to the depository account at
the bank. The charter price, as indicated on your air
itinerary, includes a charter flight as well as all applicable air
fare taxes and fees.
Reservations:
Air only bookings made
electronically on the website require full payment at time
of booking.
Groups:
If you are traveling as part of a group of
10 or more adults, different deposit, payment and cancellation policies
may apply. Please contact the Group Department at 866-796-6117.
Charter
Cancellations & Changes:
There is a $50 per
person fee for any date change, including name substitutions, once initial payment
has been received by the Operator. Once travel document is
issued concellations most take place before departure date. In order to retain
the value of the ticket for use at a
later time. A fee will apply.
Baggage:
Baggage allowance
is 50 pounds (two bags maximum, plus one carry-on not to exceed
45 inches in combined overall dimensions) per paying passenger for
all trips. Limitations on checked baggage (not to exceed 50
pounds) may apply during peak travel seasons. Any overweight or
oversized luggage (larger than suitcase size) will be carried, if at
all, subject to load restrictions and at additional charges by the
carrier. The air carrier's liability excludes cloth, canvas, vinyl,
and soft-sided, or fragile baggage, jewelry, cameras, and
photographic equipment, electronic equipment, cash, medicine,
sporting equipment, and other valuable or fragile items. All claims
are subject to proof of amount of loss, and, to preserve the
passenger's rights, should be presented directly to the carrying
airline in writing immediately upon discovery of the claim and prior
to leaving the airport terminal. No baggage claim will be accepted
after baggage has been removed from the terminal building at the
airport. Golf Clubs or sporting equipment can be classified towards
clients "free" baggage allowance. Oversized/nonstandard checked
baggage (i.e. surfboards, etc.) will be carried based on space
availability on the aircraft. Additional charges will only apply
once the free baggage allowance has been exceeded by each passenger.
(i.e. 2 checked pieces, not to exceed 50 lbs). Additional
baggage charge is $50 per bag; excess weight charges are $25 each
(51 to 70 pounds) and $65 each (71 to 100 pounds). The Operator
accepts no liability for any claims related to baggage.
Sporting Equipment
Bicycles Non-motorized Bicycles, will be accepted as
checked baggage at no additional charge provided the limit of two
checked bags is not exceeded; the bicycle is properly packaged; and
the box containing the bicycle fits within the 62-inch sizing limit
and does not weigh more than 50 lbs. (The maximum weight is 50
pounds and the maximum size is 62 inches (length + width + height)
per checked piece of luggage). Handlebars, kickstand, and pedals
must be removed and placed inside the box. A $50.00 each-way charge
applies to bicycles that don’t meet the above criteria. Bicycles
packaged in a cardboard box or soft-sided case will be transported
as a conditionally accepted item. Golf
Clubs Golf Clubs that are in a hooded or soft-sided golf bag
will be accepted on a conditional basis. Golf clubs that are
transported in a hard, plastic travel case should be tagged with a
regular tag. Golf equipment includes golf clubs, golf balls, and
golf shoes, contained in one bag. Golf equipment will be included in
the free baggage allowance of two pieces. Should this limit be
exceeded, excess baggage fees will apply. Scuba
Equipment Scuba eqiupment will be transportated on a
conditional basis as checked baggage provided the SCUBA tank is
verifiably empty and the valves are removed at the time of
acceptance. SCUBA equipment includes masks, flippers, and a tank
Scuba equipment will be included in the free baggage allowance of
two peices. Should this limit be exceeded, excess baggage fees will
apply. Boogieboards boogieboards may be
checked in substitution of one piece of the free baggage allowance
for each fare-paying passenger at no charge on a one-for one basis.
Overweight charges may apply. Windsurfing/Sail
boards Windsurfing/Sail boards may be transported as checked
baggage for a fixed charge of $50.00 each way. They must be
transported with keel removed and placed in checked baggage to
prevent damage to the sail, boom, and other
baggage. Surfboards
Surfboards will be transported as checked baggage for a fixed charge of
$50.00 each way. Keels and fins must be removed and placed in carryon
or checked baggage to prevent damage to other baggage.
Special Need
Passengers:
Operator has no control
over the extent of wheelchair and supplemental
oxygen accessibility features. Operator cannot guarantee the
availability of wheelchairs or supplemental oxygen at any airport.
Responsibility:
The operator's and/or their agent's liability is limited.
They act as agents for the Participant in relation to air travel. The
Operator, and its parent, subsidiaries, and affiliates will not be
responsible or liable for injury, personal injury, property damage, property and
other losses, accident, delay or irregularity which may be caused
either by reason or defect, through the acts or default
of any company or person contracted in conveying passengers or
in carrying out the arrangements of the
flights, or as direct or indirect acts of God
(such as storms, hurricanes, earthquakes), dangers of the sea,
fire, breakdown of machinery or equipment, acts of governments or
other authorities de jour or de facto, wars,
hostilities, civil disturbances, strike(s), riots, theft, pilferage, epidemics, quarantines, medical or
custom regulations, or from any other cause beyond the operator's control. The Operator
reserves the right to decline to accept any participant as a
member of a flight, or to cancel a flight if necessary.
The sole and exclusive responsibility and liability of any airline used in
the Operator's programs shall be in accordance with and as
limited by the contract of a carriage in the participant's ticket,
the applicable tariffs, and the provisions of the Warsaw Convention.
Independent
Contractors:
All transportation (the "services") provided in this reservation
are furnished by independent contractors over which we
exercise no control. The Operator makes no guarantees
or warranties, express or implied, regarding any such
services. This includes, but is not limited to flights.
These flight inclusions/rates are based on inclusions/prices at print time and are
subject to change without notice. The Operator will not be
responsible or liable if any of the services described that cease
to be available.
Flights/Aircraft
:
For public charter participants, flights will be performed using Xtra Airways
737 aircraft. The air carrier and the Operator reserve the right
to substitute other aircraft/airlines if necessary, including scheduled service. Single plane
and nonstop service as well as flight times are
not guaranteed. Meal and beverage service is at discretion
of carrier and alcoholic beverages are generally not included.
Entire
Agreement: In the event any paragraph of this
agreement shall be declared invalid or void by any court, such
declaration shall not invalidate the entire agreement and all other
paragraphs of the agreement shall remain in full force and effect.
The parties agree any claim or litigation arising out of or relating
to this agreement, or the breach or validity thereof, shall be
brought in Broward County, Florida, the location of SkyValue's
corporate offices, and the governing law shall be the laws of the
State of Florida. NOTE: Participant agrees that in the event that
any civil proceeding, arbitration, mediation or action of any kind,
is commenced by the participant against the Operator or any of its
agents, affiliates, officers, assignees or employees, the limit on
any damages (which includes but is not limited to damages, interest,
court costs, attorney fees, expenses of litigation, and punitive
damages) shall be the amount the participant paid the Operator for
the trip which is the subject matter of this Terms and
Conditions Agreement.
Security
Agreement:
All payments
received by the Operator for this trip are protected in part
by a Standby Letter of Credit issued by National City Bank of the
Midwest ("Bank"). Claims must be filed directly with the Operator and Bank
or if the Operator is unavailable with Bank, Attention Travel Division, National
City Bank of the Midwest, Travel Division, 755 West
Big Beaver Rd., Suite #1400, LOC R-J40-14, Troy, MI 48084
within 60 days after completion of the trip. Otherwise, the
Bank and the Operator shall be released from all liability to you.
Conditions of
Contract: As used in this contract “ticket”
means this passenger ticket and baggage check, of which these
conditions and the notices form part, “carriage” is equivalent to
“transportation”, “carrier” means all air carriers that carry or
undertake to carry the passenger or his baggage hereunder or
perform any other service incidental to such air carriage, “WARSAW
CONVENTION” means the Convention for the Unification of Certain
Rules Relating to International Carriage by Air signed at Warsaw,
12th October 1929, or that
Convention as amended at The Hague, 28th September 1955, whichever may be
applicable.
Carriage hereunder is subject to the
rules and limitations relation to liability established by Warsaw
Convention unless such carriage is not “International Carriage” as
defined by that Convention.
-
To the extent not in conflict with
the foregoing, carriage and other services performed by each
carrier are subject to: (a) provisions contained in this ticket,
(b) applicable tariffs, (c) carrier's conditions of carriage and related
regulations which are made part hereof (and are available on
application at the offices of the carrier), except in
transportation between a place in the United States or Canada and
any place outside thereof to which tariffs in force in those
countries apply.
-
Carrier's name may be abbreviated in
the ticket, the full name and its abbreviation being set forth in
carrier's tariffs, conditions of carriage, regulations or
timetables; carrier's address shall be the airport of departure
shown opposite the first abbreviation of carrier's name in the
ticket; the agreed stopping places are those places set forth in
this ticket or as shown in carrier's timetables as scheduled
stopping places on the passenger's route; carriage to be performed
hereunder by several successive carriers is regarded as a single
operation.
-
An air carrier issuing a ticket for
carriage over the lines of another air carrier does so only as its
agent.
-
Any exclusion or limitation of
liability of carrier shall apply to and be for the benefit of its
agents, servants and representatives of carrier and
representatives of carrier and any person whose aircraft is used
by carrier for carriage and its agents, servants and
representatives.
Checked baggage will be delivered to
the bearer of the baggage check. In case of damage to baggage
moving in international transportation complaint must be made in
writing to carrier forthwith after discovery of damage and, at the
latest, within 7 days from receipt, in case of delay, complaint
must be made within 21 days from the date the baggage was
delivered. See tariffs or conditions of carriage regarding
non-international transportation.
-
This ticket is good
for carriage for the dates booked, changes can be
made by paying a change fee. Fares for carriage are
subject to change without notice. The fare for
carriage hereundeer is not guaranteed until booking is
paid.
Carrier undertakes to use its best
efforts to carry the passenger and baggage with reasonable
dispatch. Times shown in timetable or elsewhere are not
guaranteed and form no part of this contract. Carrier may without
notice substitute alternate carriers or aircraft, and may alter or
omit stopping placed shown on the ticket in case of necessity.
Schedules are subject to change without notice. Carrier assumes no
responsibility to making connections. -
Passenger shall comply with
Government travel requirements, present exit, entry and other
required documents and arrive at airport by time fixed by carrier
or, if no time is fixed, early enough to complete departure
procedures.
-
No agent, servant or representative
of carrier has authority to alter, modify or waive any provision
of this contract.
Carrier reserves the
right to refuse carriage to any person who has acquired a ticket in
violation of applicable law or carrier's tariffs, rules or
regulations issued by the Carrier whose name is in the “Issued By”
section on the Passenger Ticket and Baggage Check. |