This Operator-Participant Contract ("Agreement") sets forth the terms and conditions under which, Boutique Air, Inc., 548 Market Street ste 73298, San Francisco, CA 94104 (" Charter Operator"), in return for payment in the amount indicated as the total ticket price, agrees to provide you ("Participant") with charter air transportation.
"Charter Operator" acts as the principal, and is responsible to "Participant" for arranging and providing public charter air transportation services ("Charter"). Neither Boutique Air, its agents, servants, employees, or "Participant's" travel agent assumes responsibility 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, lost or stolen items or baggage, costs or expenses arising out of injury, accident or death, quarantine, disturbances, government restrictions or regulations, damage, 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 cause beyond its control. WITH SPECIFIC REFERENCE TO FLIGHT DELAYS: Flight delays are an unfortunate but inherent risk of all air transportation, whether scheduled or charter, and they are completely outside the control of the Charter Operator. Except for the right of refund for delays of 48 hours or more as set forth below, the Charter Operator shall have no liability to the participant of any nature whatsoever relating to flight delays, including (but not limited to) liability for damages relating to shortened time, inconvenience or hardship, additional expenses, or any other form of damage. Nor shall that Charter Operator be liable to the participant for delays or other inconveniences resulting from refueling stops. The direct carrier shall not be responsible for any act, omission, or event during the time passengers are not aboard its plane or conveyance.
Reservations and Payment
Full payment and an acceptance of this agreement is required to secure reservations. All checks and money orders must be made payable to the escrow account at the depository bank: Harleysville National Bank located at 483 Main Street, Harleysville, PA or to "Participant's" travel agent, who in turn must make their check payable to the escrow account at the depository bank. Credit card payments are processed directly into the escrow account at the depository bank. RESERVATIONS MADE TEN (10) DAYS PRIOR TO DEPARTURE MUST BE MADE BY CREDIT CARD, CERTIFIED CHECK, or CASH BANK TRANSFER. Check must clear the escrow account at the Bank before the reservation is considered VALID. Any other person or entity (including a travel agent) who receives monies from Participant(s) does so strictly as an agent for the Participant(s). The Charter Operator disclaims liability for such monies until received by Operator's office and confirmation is issued by Operator. Tender of deposit constitutes acceptance of these terms and conditions.
The ticket price quoted to you includes charter air transportation and all applicable taxes, for the itinerary booked with "Charter 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.
If the "Charter 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", "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, "Charter Operator" becomes aware that a major change must be made, "Charter 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, "Charter 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 "Charter Operator" must cancel the "Charter", they will notify "Participant" in writing within seven days of the cancellation, but in no event later than ten days before the scheduled departure date. "Charter 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, "Charter Operator" will notify "Participant" as soon as possible, but no later than the scheduled departure date. If "Charter 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 Cancellation Fees previously charged.
Insurance and Baggage
Reservation cancellation, health, and accident insurance is available to protect you against unforeseen circumstances which may cause you to interrupt or cancel your reservation. Upon request, "Charter Operator" will provide you with the details. "Charter Operator" is not responsible for loss, theft or damage to your belongings. Baggage insurance is strongly recommended and is available to nominal rates. The direct air carriers limit their liability for loss or damage to personal baggage. Such liability shall be limited to the actual value of such baggage, but shall not be more than $3,300 per passenger. A higher value may be declared with respect to the baggage in which case additional payment and such declaration must be made in advance of departure in accordance with the direct air carrier's application tariff. There is a baggage allowance for charter passengers as follows: a ) One piece not exceeding 60 inches, b) one additional piece not exceeding 55 inches (measure length, plus width, plus height) if operational factors allow c) Additionally, each passenger may carry one carry-on bag and one purse and/or briefcase to be stored underneath seat that cannot exceed 8 inches, plus 13 inches, plus 22 inches, equaling 43 inches when added together. d) Any baggage present in excess of the above will not be accepted by the airline. Any baggage problems must be reported at the departing/arriving airport with a handling representative at the time of your claim. This procedure will include completing a baggage claim form that is required to process all claims.
The "Charter" will be performed by a qualified 135 Air Carrier ("Air Carrier") including but not limited to MC Aviation, operated with the 7 seat Hawker 400XP. The "Charter Operator" and "Air Carrier" reserve the right to substitute any type of aircraft of any properly licensed carrier, without refund, but only to the extent permitted by the DOT. The "Charter 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.
"Participant's" payments are protected in part by a surety trust agreement held at the John Doe Insurance Company located in the State of California. Unless "Participant" files a qualified claim with "Charter Operator", or if "Charter 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.
Participant Changes, Cancellations and Refunds
The right to refunds if the participant changes plans is limited. On a credit card sale, the participant is entitled to a full refund prior to signing (accepting) this Charter Participant contract. All requests for refund must be made in writing or email notice to Boutique Air, Inc., 548 Market Street ste 73298, San Francisco, CA 94104. Reservations are non-refundable, but can be transferred to another traveler for $25 fee. The "Charter Operator" will assess a $25 per person charge plus difference of the fare for changes made by participants in departure dates or number of participants traveling together, before departure on the outbound flight. A participant may change the date for travel on the "charter," provided space is available on the proposed new date. Charter tickets may be transferred upon notice to Boutique Air and payment of a $25 administrative fee. Administrative Fees and Cancellation Fees are not associated with the actual operation of the charter flight(s) and therefore are not refundable under any circumstances. Refunds will not be made for any unused air transportation after the departure date of the outbound flight on a round reservation ticket.
Failure to check-in at least 15 minutes before the scheduled departure may result in denial of boarding, and no refund will be granted. "Participants" will not receive refunds for missed flights or connections.
A boarding pass will be available on-line at the time of reservation, provided Charter Participant Contract has been accepted, and full payment has been made and cleared by our Bank. ALL PARTICIPANT'S MUST BE PREPARED TO PRESENT A VALID PASSPORT OR STATE ISSUED IDENTIFICATION, WHICH MATCHES THE NAME ON THE PASSENGER MANIFEST AND TICKET, WHEN BOARDING THE AIRCRAFT. IF THEY DO NOT, FOR ANY REASON, THEY MAY BE DENIED BOARDING WITHOUT REFUND.
The rights and remedies made available under this contract are in addition to any of the rights and remedies available under California law. Boutique Air offers refunds under the contract with the express understanding that the receipt of that refund or alternative travel arrangements by a participant waives all additional remedies. By executing this Agreement, you specifically acknowledge and consent 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. California state law shall govern this Agreement. Any claim against Boutique Air must be presented in writing within ten days of the date of your return flight, and Boutique Air 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 acknowledgment to the agreement of this Operator Participant Agreement.
Customer Service Boutique Air is committed to quality service. In the unlikely event that you have cause for dissatisfaction during your charter, please call 415-449-0505 to discuss the problem with a Customer Service Representative.
All flights booked on this reservation system are Boutique Air flights operated by different Part 135 FAA Certified Charter Air Carriers on a variety of equippment ranging from the classic Gulfstream II to the more fuel efficiant Turbo-prop. These charter flights are subject to Department of Transportation Public Charter Regulations under Title 14CFR Part 380. Please go to www.dot.gov for more information on Public Charter flights.
Boutique Air encourages on-line reservations. However, should you require someone to make a Reservation for you, please contact 415-449-0505. A fee of $15.00 per passenger will be charged for this service.