|This Operator-Participant Agreement (“Agreement”) sets forth the terms and conditions under which, Public Charters, Inc., 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.Responsibility: “Operator”, as the principal, is responsible to “Participant” for arranging and providing public charter air transportation services (“Charter”). 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 third-party contractors supplying services, 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.Reservations and Payment: Full payment and an acceptance of this “Agreement” are required to secure reservations. 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.
Charter Price: The ticket price quoted to “Participant” includes charter air transportation and all applicable taxes for the itinerary booked with “Operator”. “Participant” is responsible for all incidental expenses during “Charter” except for “Major “Changes,” as described below. No refund will be made for services included in the ticket price which “Participant” voluntarily does not use. Baggage, pet, Call Center and Administrative Fees are not included in the ticket price.
Free Flight Coupons: Free Flight Coupons issued by “Operator” are non-refundable, non-transferable and may not be redeemed for any cash value. Once a flight has been booked using a Free Flight Coupon changes may not be made without a complete forfeiture of the coupon and new flights are subject to the current available fare at the time the change is made.
Additional Fees: Below are some of the most common additional fees. For more detailed information regarding baggage charges for special handling baggage please go to www.publiccharters.com and click on the Traveling With Us page.
Reservations Made through Call Center: All flights: $15.00 per booking administrative fee
Major Changes: If “Operator” makes Major Changes prior to departure, “Participant” has the right to cancel and receive a full refund of their ticket price on the amount held in the escrow account. 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 their 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. The ticket price held in the depository account excludes any Administrative Fees and/or Penalty Fees previously charged.
Baggage Allowance: FAA determines standard checked bags as weighing a total of 30 lbs not to exceed 62 inches in overall dimension (length + width + height) and carry-on bags as weighing a total of 14 lbs not to exceed 45 inches in overall dimension. Any excess baggage is subject to additional fees. Baggage allowances vary by Air Carrier. Visit Operator’s website at www.publiccharters.com for route specific baggage allowances and fees. All baggage must have outside baggage tags for identification.
Baggage Liability: “Operator” does not accept liability for baggage or personal property in any way. Air Carriers operating aircraft with 60 seats or more are required under Federal and International laws to adhere to minimum limited liabilities as follows:
DOMESTIC FLIGHTS: the Air Carrier liability for lost, damaged or delayed bags is limited to $3300 per passenger.
INTERNATIONAL FLIGHTS:the Air Carrier will be responsible for the cost of luggage (and contents) 1,131 Special Drawing Rights for international travel including domestic portions of international journeys.
Carrier also will be responsible for the cost of damaged luggage not to exceed $250.00 per piece of luggage, except the Air Carrier will not be responsible for broken or damaged luggage wheels.
Liability for certain items varies by Air Carrier, however, most Air Carriers do not accept liability for the following 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 as checked baggage but might not accept responsibility or liability for damage to such bags or their contents. Therefore, Air Carrier’s carriage of soft-sided bags checked as baggage might be at “Participant’s” own risk.
Any baggage problems must be reported at the airport with a handling representative 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 their baggage liabilities and policies.
Air Carriers and Aircraft: The “Charter” will be performed by a FAA certified US 135, 121 or 129 Air Carrier (“Air Carrier”) including but not limited to Aerodynamics, Corporate Flight Management, Ultimate Jet Charters dba Ultimate Air Shuttle, Miami Air Int’l, Ryan Int’l, Charter Air Transport, Xtra Airways, World Airways and Air Tran. Flights may be operated on aircraft ranging from an 8 seat Corporate Aircraft to a 200 seat Commercial Airliner. Route specific Air Carriers and Aircraft Types are identified during the booking process and additionally identified on “Participant’s” Travel Itinerary. The “Air Carrier” reserves the right to substitute equivalent aircraft if necessary. The “Operator” reserves the right to substitute the “Air Carrier” with a qualified 135, 121 or 129 Air Carrier or to change the aircraft type or capacity and does not guarantee single plane or non-stop service. No refunds or compensation will be given for such substitutions or changes. The “Operator” also reserves the right to substitute scheduled air service when necessary at no additional cost and at comparable departure times based on participation in the charter program. “Participant” will be notified of any such decision no less than ten days prior to departure, and may either accept the scheduled service or request a full refund of their ticket price within seven days of notification.
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.
Security Agreement: “Participant’s” payments are protected in part by a security bond held at the Hartford Fire Insurance, Company located in the State of Connecticut. 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.
Changes, Cancellations and Refunds: The right to refunds if the participant changes plans is limited. Please refer to the following chart for an explanation of fees associated with Changes and Cancellations. Administrative and Penalty Fees are not associated with the actual operation of the charter flight(s) and therefore are not refundable under any circumstances. After departure of first flight segment Itinerary Changes & Cancellations are not permitted.
Itinerary Changes & Cancellations
Less than 24 Hours Prior to Departure………Penalty Fee of 100% of the ticket price.
Substitutions……………………………Penalty Fee of $25.00 per change.
Itinerary Changes & Cancellations
48 Hours or Less Prior to Departure……………….Penalty Fee of 100% of ticket price.
Substitutions……………………………Penalty Fee of $25.00 per change.
Bookings made through third party Agencies may be subject to additional terms. It is the Participant’s responsibility to understand and be aware of any third party Agency terms.
Airport Check-In: All “Participants” must check in at the airport ticket counter no later than 1 1/2 hours for Domestic Flights, and 2 1/2 hours for International Flights, prior to the scheduled departure time. “Participants” will not receive refunds for missed flights or connections. Check-in Times may vary. Please check your flight itinerary for exceptions.
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.
Travel Documents “Participant” is responsible to determine and obtain proper travel documentation such as 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 their 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.
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. Any refund offered by the “Operator” to the “Participant” is with the express understanding that the receipt of that refund or alternative travel arrangements by a “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 the travel agent (as representative of the “Participant”) will be an acceptable form of acknowledgement to the agreement of this Operator Participant Agreement.