Operator Participant Agreement


This Operator-Participant Agreement (Agreement) sets forth the terms and conditions under which Public Charters, Inc. dba Texas Sky, Wilkes-Barre /Scranton Int’l Airport, 201 Hangar Rd, Avoca, PA 18641 (“Operator”), in return for payment in the amount indicated as the total ticket price, agrees to provide you (“Participant”) with charter air transportation (“Charter”).

Air Carriers and Aircraft: The Operator will arrange for a Charter to be performed by Corporate Flight Management dba Appalachian Air or Ultimate Jetcharters dba Ultimate Air Shuttle certified by the Federal Aviation Administration to perform flights pursuant to 14 CFR Parts 135, 121 or 129 (“Air Carrier”). . Flights may be operated on aircraft ranging from an 8 seat Corporate Aircraft to a large Commercial Aircraft. The Air Carrier and Aircraft Type for a requested itinerary are disclosed during the booking process and identified on Participant’s Travel Itinerary. The Air Carrier or Operator reserves the right to substitute the Air Carrier or to change the aircraft type or capacity. Participant is not guaranteed single plane or non-stop service. No refunds or compensation will be given for such substitutions or changes. Operator will make best efforts to provide substitute service at comparable departure times, subject to operational constraints. The Operator also reserves the right to substitute scheduled air service when necessary at no additional cost to Participant. If the Operator 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 name of the direct air carrier, the type and capacity of the aircraft, the origin and destination cities for each flight leg, the dates of the outbound and return flights,  are printed on the ticket. 

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 Operator. The charter price does not include various ancillary charges including but not limited to baggage fees, charges for pets or oversize items, booking tickets through the Reservations Call Center, and various Administrative Fees. Information on the Operator’s charges for additional services can be found on PublicCharters.com. 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.

Additional Fees: Ticket Price includes the Charter Price plus all applicable Fees and Charges.

Baggage Fees and oversize, overweight, special handling and pet fees vary by charter program and are subject to additional charges. See Baggage Allowance incorporated herein.  These fees are assessed at the airport and not included in the Charter Price.

Reservation Call Center Fee: Bookings on our website PublicCharters.com are free. Telephone calls to book a flight using a Public Charters reservations agent are subject to a $15.00 per booking Administrative Fee.

Change/Cancellation/Substitution Administrative Fee: $25.00 Domestic Flight per passenger per segment; $50.00 International Flight per passenger per segment. Substitution: $25.00

Unaccompanied Minor Fee: $100.00 per passenger per segment.

Reservations and Payment: Full payment and acceptance of this Agreement are required to secure tickets. All checks and money orders must be made payable to: First Niagara Bank for further deposit to Public Charters, Inc.’s Escrow Account, or to Participant’s travel agent, who in turn must make their check payable to the escrow account at the depository bank. Checks and money orders should be mailed to Public Charters, Inc. at Wilkes-Barre /Scranton Int’l Airport, 201 Hangar Rd, Avoca, PA 18641. Credit card payments are processed directly into the escrow account at the depository bank. Reservations made through the Reservations Call Center are subject to an additional $15.00 per booking administrative fee.

Itinerary Changes and Cancellations: The right to refunds if the Participant changes plans is limited. CHARTER PAYMENTS ARE NON-REFUNDABLE, except as provided 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.

DOMESTIC FLIGHTS

Operator will permit Participant to change or cancel an unused ticket more than 24 hours prior to departure of the first flight on the itinerary and receive a credit voucher for a future flight. The Participant will be charged an Administrative Fee of $25.00 per passenger/per segment which will be deducted from the amount of the voucher. The voucher must be used prior to termination of the DOT approved charter program. Information on the charter program expiration date can be obtained by calling 877-359-7595. Travelers that are deaf or hearing impaired can use a relay service to contact us or email us at info@publiccharters.com. Vouchers must be redeemed within one year following date of issuance.

No credit voucher will be issued for a cancellation or schedule change made less than 24 Hours prior to Departure. After Participant departs on the first flight segment of the Travel Itinerary, Changes and Cancellations are not permitted. 100% of the Charter Price for an unused Charter is forfeited.

Substitution: Participant may furnish Operator with a Substitute Participant. Operator will change the name on the ticket upon payment of a $25.00 Administrative Fee or if the Substitute Participant is provided by the Operator, Operator will refund the balance of the amount paid for the ticket after subtracting a $25.00 Administrative Fee per change.

INTERNATIONAL FLIGHTS

Operator will permit Participant to change or cancel an unused ticket more than 48 hours prior to departure of the first flight on the itinerary and receive a credit voucher for a future flight. The Participant will be charged an Administrative Fee of $50.00 per passenger/per segment which will be deducted from the amount of the voucher. The voucher must be used prior to termination of the DOT approved charter program. Information on the charter program expiration date can be obtained by calling 877-359-7595. Travelers that are deaf or hard of hearing can use a relay service to contact us or email us at info@publiccharters.com. Vouchers must be redeemed within one year following date of issuance.

No credit voucher will be issued for a cancellation or schedule change made less than 48 Hours prior to Departure. After Participant departs on the first flight segment of the Travel Itinerary, Changes and Cancellations are not permitted. 100% of the Charter Price for an unused Charter is forfeited.

Substitution: Participant may furnish Operator with a Substitute Participant. Operator will change the name on the ticket upon payment of a $25.00 Administrative Fee or if the Substitute Participant is provided by the Operator, Operator will refund the balance of the amount paid for the ticket after subtracting a $25.00 Administrative Fee per change.

Administrative Fees are not included in the Charter Price and are not refundable under any circumstances. The amount of the charter payment held in the depository account excludes Administrative Fees.

Third Party Travel Agencies or Websites may impose additional restrictions or charge additional fees for booking, cancellations, or itinerary changes. Participant is responsible complying with any third party Agency terms and conditions of sale.

Credit Vouchers and Free Flight Coupons: Credit Vouchers and Free Flight Coupons issued by Operator are non-refundable, non-transferable, and may not be redeemed for any cash value. Vouchers and coupons will expire on the date of the last flight of the DOT approved charter program or one year following date of issuance even if a charter program extends beyond the expiration date based on the date of voucher issuance. Once a flight has been booked using a 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 Operator 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.); or (3) a price increase of more than 10% occurring ten or more days before departure. If a major change must be made in the Charter, Operator 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, Operator becomes aware that a major change must be made, Operator 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, Operator 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 Operator 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. Operator 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, Operator will notify Participant as soon as possible, but no later than the scheduled departure date. If Operator cancels the Charter, it will make a full refund of the ticket price to Participant within fourteen days after cancellation. Participant must provide Operator with sufficient contact information to receive notices of a Major Change. Requests for refunds should be sent to: Public Charters, Inc., Wilkes-Barre /Scranton Int’l Airport, 201 Hangar Rd, Avoca, PA 18641.

For International Flights Only: Additional restrictions may be imposed by the foreign government involved. If landing rights are denied by a foreign government resulting in a cancellation of that flight, Participant is entitled to a full refund of the ticket price.

Baggage Allowance:  Each ticketed passenger may check baggage that conforms to the limits on weight and the dimensions of luggage that are in effect for the charter program. Any baggage that is over the allowed weight or requires special handling is subject to additional fees. Operations with certain small aircraft have strict weight limits and limited space. Flight-specific information on baggage limitations and charges are displayed prior to booking the flight.  Information is also available on the PublicCharters.com website or by calling us at 877-359-7595. Travelers that are deaf or hearing impaired can use a relay service to contact us or email us at info@publiccharters.com. All checked and carry-on baggage must have outside baggage tags for identification.

Baggage Liability:  Operator does not accept liability for Participant’s baggage or personal property. Air Carriers may limit their liability for lost or damaged goods and may exclude payments for certain items, which may vary by Air Carrier. Air Carriers have different rules governing acceptance and handling of baggage. The following guidelines are illustrative.

DOMESTIC  FLIGHTS: Under Department of Transportation Regulations, an Air Carrier operating aircraft with 60 or more seats may not limit its liability for proven actual and consequential damages for lost, damaged, or delayed baggage and its contents to less than $3400 per passenger. An air carrier operating aircraft with less than 60 seats may limit its liability as provided in its contract of carriage.

INTERNATIONAL FLIGHTS: Air Carrier liability is determined by international law. An Air Carrier will be responsible for the cost of luggage (and contents) in an amount that does not exceed 1,131 Special Drawing Rights for international travel.

Air Carriers may refuse to accept certain high value, fragile, or perishable items as checked baggage. Air Carriers generally do not accept and will not be liable for loss or damage for the following kinds of items in 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, 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, drugs, toiletries, cash and other negotiable instruments. Air Carriers will usually accept cloth, canvas, vinyl, and other soft-sided bags, or bags with wheels as checked baggage but might not accept responsibility or liability for damage to such bags or to wheels or handles that protrude. Therefore, a Participant who checks baggage that does not meet the Air Carrier’s restrictions does so at Participant’s risk.

Oversize or bulky items, pets, or other items requiring special handling may be subject to additional fees. These items will be accepted only if Operator has prior notice and Participant agrees to pay any of the Air Carrier’s additional handling fees.

Any baggage problems must be reported at the airport to a representative of the Air Carrier or Operator or their agents 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 the Air Carrier with any questions regarding its baggage acceptance policies.

Please go to http://www.publiccharters.com/traveling-with-us/baggage/ for Air Carrier Specific Liability limitations for participant’s baggage.

Airport Check-In: All Participants must check in at the airport ticket counter no later than 1 1/2 hours prior to the scheduled departure time for Domestic Flights, and 2 1/2 hours prior to International Flights. Participants will not receive refunds for missed flights or connections. Check-in at later times may be available at certain airports. Check your itinerary.

Travel Documents Participant is responsible for determining and obtaining proper travel documentation, including a government issued photo ID, 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 entry requirements. For all destinations, infants and children traveling without both parents must have a notarized letter from the parent(s) not traveling, 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.

Security Agreement:  Participant’s payments are protected in part by a security bond held at the The Hartford Bond, 690 Asylum Avenue, Hartford, Connecticut 06115 (860-757-5835) for claims relating to charters flights on or before August 22, 2014, or The Ohio Casualty Insurance Company, 62 Maple Avenue, Keene, NJ  93431 (800-682-6204) for claims relating to charter flights on or after August 22, 2014. Unless Participant files a qualified claim with Operator, or if Operator 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:  Operator is the principal and is responsible to Participant for arranging and providing public charter air transportation services. Neither Operator, 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 actions of the direct Air Carrier or 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:  Operator is committed to quality service. In the unlikely event that you have cause for dissatisfaction during your charter, please call 877-359-7595 to discuss the problem with a Customer Service Representative. Travelers that are deaf or hearing impaired can use a relay service to contact us or can email us at info@publiccharters.com

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 Operator, 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 contains 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. Pennsylvania state law shall govern this Agreement. Any claim against Operator must be presented in writing within ten days of the date of Participant’s return flight, and Operator is expressly not liable 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. A copy of this Agreement and travel itinerary with flight specific information will be sent by means of an electronic message after the sale has been completed.

For telephone sales in which the Participant pays by credit card, Operator will send a copy of this Agreement by mail or electronic mail within 24 hours. Participant may call within 3 days of receipt to cancel and receive a full refund if the Participant decides not to participate in the Charter after reviewing the Agreement. Participants who do not cancel or who present themselves for boarding on the charter flight are deemed to have executed the Agreement.