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This Operator-Participant Agreement (Agreement) sets forth the terms and conditions under which Advanced Air LLC and Advanced Air LLC dba Taos Air, 12101 Crenshaw Blvd Suite 100 Hawthorne, California 90250 (Advanced), in return for payment in the amount indicated as the charter price, agrees to provide you (Participant) with charter air transportation (Charter).
Air Carriers and Aircraft: Advanced is a direct air carrier certified by the Federal Aviation Administration to perform flights pursuant to 14 CFR Parts 135. The Charter will be performed using Dornier 328 jet aircraft with 30 seats. Advanced Air and Taos Air reserves the right to change the aircraft type or capacity, or the air carrier performing the charter flight. No refunds or compensation will be given for such substitutions or changes. Participant is not guaranteed single plane or non-stop service. Advanced Air and Taos Air will make best efforts to provide substitute service at comparable departure times, subject to operational constraints. Advanced Air and Taos Air also reserves the right to substitute scheduled air service when necessary at no additional cost to Participant. If Advanced Air and Taos Air 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 origin and destination cities for each flight leg, the dates of the outbound and return flights, and the amount and terms for payment will be printed on the ticket, which is incorporated herein by reference.
The charter price quoted to Participant includes charter air transportation and all applicable taxes and government-imposed user fees for the itinerary booked with Advanced Air and Taos Air. 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.
Full payment and acceptance of this Agreement are required to secure tickets. Credit card payments are processed directly into the escrow account at the depository bank.
The right to refunds if the Participant changes plans is limited. Except for major changes, substitution of another participant, or telephone sales by credit card prior to acceptance of the Agreement, which will be refunded in full within fourteen days after the cancellation or substitution subject to this 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.
Advanced Air and Taos Air will permit Participant to change or refund a Full Flex fare. If Participant ‘no-shows,’ or does not change or refund tickets up to 24 hours after departure, the Participant loses 100% of the value of the ticket. All other tickets are non-refundable but may be changed without penalty, however the participant pays any difference in fare and forfeits any residual value if ticket change results in a lower fareTickets are valid for up to one year from the original purchase date.
Credit Vouchers and Free Flight Coupons issued by Advanced Air and Taos Air are non-refundable, non-transferable, and may not be redeemed for any cash value. Voucher and coupons are valid for one year from date of issue. Once a flight has been booked using a Credit Voucher or Free Flight Coupon, cancellation or changes are not allowed. Participant must make a new Charter booking and pay the applicable fare at that time.
Advanced Air and Taos Air does not permit name changes.
If Advanced Air and Taos Air 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 to the Participant that occurs 10 or more days before departure and results in an aggregate price increase of more than 10 percent. If a major change must be made in the Charter, Advanced Air and Taos Air 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, Advanced Air and Taos Air becomes aware that a major change must be made, Advanced Air and Taos Air 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, Advanced Air and Taos Air 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 Advanced Air and Taos Air 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. Advanced Air and Taos Air 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, Advanced Air and Taos Air will notify Participant as soon as possible, but no later than the scheduled departure date. If Advanced Air and Taos Air cancels the Charter, it will make a full refund of the ticket price to Participant within fourteen days after cancellation. Participant must provide Advanced Air and Taos Air with sufficient contact information to receive notices of a Major Change. Requests for refunds should be sent to: firstname.lastname@example.org if you booked directly or your third party provider if you booked through a third party.
Each guest is permitted to check two pieces of baggage free of charge (up to 38 lbs. in total weight), including snow sport equipment. One boot bag and one ski/snowboard bag are treated as one piece of baggage. Any additional checked baggage will be subject to a fee of $50 for each additional piece. Bicycles may be checked for a fee of $50 per bicycle and must be packed in a bike box. Reservations are required for bikes due to limited space; once capacity has been met bikes are subject to space available on a first come, first serve basis.
Carry-on baggage is limited to one item that is capable of being stored in the overhead bin and one small personal item.
Advanced Air and Taos Air will transport a pet that remains confined to a suitable container that fits under the Guest seat for a fee of $100 each way. Participant needs to call 833-359-8267(FLY TAOS) to confirm space.
All checked and carry-on baggage must have outside baggage tags for identification.
Advanced Air and Taos Air refuses to accept the following high value, fragile, or perishable items as 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 equipment; 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; or cash and other negotiable instruments. No payment will be made for claims relating to loss or damage for the foregoing items.
Advanced Air and Taos Air limits its liability for proven actual and consequential damages for lost, damaged, or delayed baggage and its contents to $3,400 per Guest. Any baggage problems must be reported at the airport to a representative of Advanced Air and Taos Air or its agent 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 Advanced Air and Taos Air with any questions regarding its baggage policies. See section 14: Notice of Claims for more information.
All Participants and all checked baggage must be checked in at the airport ticket counter no later than 30 minutes prior to the scheduled departure time.
Participant’s payments are protected in part by a standby letter of credit with Pacific Western Bank, International Trade Finance, 401 West ‘A’ Street, San Diego, CA 92101. Unless Participant files a qualified claim with Advanced Air and Taos Air, or if Advanced Air and Taos Air 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. Termination means the date of arrival (or in the case of a canceled charter, the intended date of arrival) of the return flight. 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.
Advanced Air and Taos Air is the principal and is responsible to Participant for providing public charter air transportation services. Neither Advanced Air and Taos Air, 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 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.
Advanced Air and Taos Air is committed to quality service. In the unlikely event that you have cause for dissatisfaction during your charter, please call 833-359-8267(FLY TAOS) to discuss the problem with a Customer Service Representative.
“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. All Guests must have a valid (unexpired) government issued photo ID. For all Advanced Air and Taos Air Flights a valid (unexpired) government issued photo ID such as a passport or state issued driver’s license is mandatory for all persons 18 years of age or older. WITHOUT THIS IDENTIFICATION, YOU WILL BE DENIED BOARDING AND WILL NOT BE GIVEN A RETURN.
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 Advanced Air and Taos Air, 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. California state law shall govern this Agreement. Any claim against Advanced Air and Taos Air must be presented in writing within ten days of the date of Participant’s return flight, and Advanced Air and Taos Air is expressly not liable for any claims presented after said ten-day period.
Electronic signature or acceptance through the Internet, GDS, online travel agent, or travel agency 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.
For telephone sales in which the Participant pays by credit card, Advanced Air and Taos Air will send a copy of this Agreement by mail or electronic mail within 3 days. Participant must execute the Agreement prior to travel. Participant is entitled to a full refund if the Participant decides not to participate in the Charter after reviewing the Agreement.
4. Personal Items Onboard the Aircraft
Subject to the restrictions set forth below, Advanced Air and Taos Air will check the baggage of a fare-paying Guest for the flight on which the Guest is traveling. Guest may not check baggage for transportation on any flight other than the flight on which the Guest is traveling. Advanced Air and Taos Air will not check baggage to a destination other than the final destination on the Guest’s reservation. Acceptance of baggage by Advanced Air and Taos Air is subject to the following terms and conditions:
Advanced Air and Taos Air do not accept transportation of any firearms or ammunition.
7. Hazardous Materials
Federal law prohibits carriage of hazardous materials aboard aircraft in your baggage or on your person. Items listed include fireworks: signal flares, firecrackers, sparklers or any other explosive; flammable liquids or solids: fuel paint, solvents, lighter fluids, or matches; compressed gases: spray cans, butane fuel, scuba tanks propane tanks, oxygen bottles or self-inflating rafts; weapons: loaded and unloaded firearms, ammunitions, gunpowder, mace, tear gas or pepper spray; other hazardous materials: dry ice, gasoline powered tools, camping equipment with fuel, wet cell batteries, oxidizers, corrosives, radioactive materials including radio-pharmaceuticals, poisons or infectious substances. Self-heating meals will be accepted within personal item or checked baggage; however, activation and use of self-heating meals will be prohibited onboard the aircraft. Two-wheel electric boards, hoverboards, gliders, electric unicycles, or intelligent scooters of any type which use lithium or lithium ion batteries are not accepted. You must declare your hazardous materials to the crew or air Carrier representatives immediately. A violation of Federal Hazardous Materials Regulations (49 CFR Parts 171-180) can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C 5124). This aircraft is not certified to carry any hazardous materials. There are special exceptions for small quantities of medicinal and toiletry articles carried in your baggage and certain smoking materials carried on your person. For more information, please consult your flight crew. TSA restricts and limits carriage of certain items aboard aircraft including, but limited to, the following items: Guns and firearms including stun guns / shocking devices, realistic replicas of firearms, parts of guns and firearms, compressed air guns, starter pistols, spear guns, flare pistols, gun lighters, pellet guns, firearms and BB guns are prohibited. Sharp objects including razor blades, box cutters, utility knives, knives of any length, metal scissors with a blade length of 4 inches or more, throwing stars, axes and hatchets, bows and arrows, ice axes / ice picks, meat cleavers, sabers and swords. Club-like items including martial arts weapons, brass knuckles, lacrosse sticks, baseball bats, hockey sticks, cricket bats, pool cues and billy clubs. All explosives including realistic replicas of explosives, flares in any form, plastic explosives, hand grenades, blasting caps, gunpowder, ammunition, fireworks and dynamite. Also, incendiaries including aerosol (except for personal care or toiletries in limited quantities), fuels, (cooking fuels and any flammable liquid fuel), gas torches, realistic replicas of incendiaries, any type of matches, all types of lighters, and gasoline. Disabling chemicals and other dangerous items including cylinders containing compressed gas, fire extinguishers, spillable batteries, chlorine, pepper spray, liquid bleach, spray paint, tear gas and mace is not allowed. Tools greater than 7 inches in length, saws and saw blades, drills and drill bits, crowbars and hammers are restricted. For further assistance, please consult your flight crew. For additional information please visit: http:// www.tsa.gov/traveler-information/prohibited items.
8. Wheelchairs and Wheelchair Batteries
Carrier will accept wheelchairs, whether manually operated or battery operated, as checked baggage on the same flight as the Guest who uses the device. Carrier will accept for in-cabin stowage other mobility aids such as crutches, braces, canes, and walkers, provided approved stowage is available and complies with federal regulations. Other Assistive Devices, including prescription medicine, syringes, or auto-injectors to administer medicine and other medical equipment discussed in Section 9 may be stowed and used within the cabin. If a manual wheelchair, mobility device or other Assistive Device cannot be stowed in-cabin, Carrier will transport them in the baggage compartment. Carrier will accept additional wheelchair batteries and battery-powered wheelchairs with the battery attached if the battery is labeled by the manufacturer as non-spillable. Batteries lacking non-spillable manufacturer labeling and spillable batteries that cannot remain in an upright position must be placed in special shipping boxes. Due to the advance notice requirement that may apply to obtaining these boxes, Guests should advise Carrier at least forty-eight (48) hours before scheduled departure of the need for an appropriate battery box. For stowage in the baggage compartment, only lithium batteries whose terminals are completely enclosed in a case are permitted, all others must be removed from the device and stowed in the cabin. Damaged or leaking batteries will not be transported.
9. Medical Equipment and Supplies
Carrier will allow a Qualified Individual with a Disability to use in the Guest cabin a personal ventilator, respirator, continuous positive airway pressure machine (CPAP), bi-level positive airway pressure machine (BiPap) or an FAA- approved portable oxygen concentrator (POC). These medical devices must meet FAA requirements, display a manufacturer’s label that it meets such requirements, and can only be stowed and used consistent with FAA, TSA and PHMSA regulations. Guests must bring an adequate supply of non-spillable batteries, plainly marked as such, to last for 150% of the expected travel time. Carrier may deny boarding if a Guest does not comply with the foregoing requirements.
10. Domestic Transportation
Carrier’s liability for loss of, damage to or delay in the delivery of checked or unchecked baggage or its contents is limited to proven damage or loss. Under no circumstances will Advanced Air and Taos Air’s liability exceed the minimum Carrier liability, as defined in 14 CFR Part 254, unless Guest is traveling with wheelchairs, mobility aids and/or Assistive Devices or Guest has purchased excess coverage. Qualified Individuals with a Disability traveling with wheelchairs or Assistive Devices, or mobility aids will have no limit on liability for repair or replacement of such wheelchairs, Assistive Devices, or mobility aids. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less any applicable depreciation for prior usage or damage.
11. Fragile and Perishable Items
Fragile and Perishable Items as Baggage Carrier, in its discretion, may refuse to accept any fragile or perishable goods. For domestic transportation, Carrier assumes no liability for fragile or perishable goods. If Carrier does accept such goods for transportation, in the case of domestic transportation it reserves the right to require the Guest to sign a limited release with respect to such goods. In the case of domestic transportation, Carrier shall not be responsible for loss, damage or delay of such fragile items whether or not such a limited release has been signed by the Guest. Fragile items include, without limitation, items such as bicycles, blueprints, cameras, ceramics, china, crystal, dolls, figurines, flash equipment, flowers, glass or glass containers, lenses, maps, mirrors, models, musical instruments or equipment, paintings, perfumes, makeup, liquids, bottles, plants, sculptures, strollers, trophies, vases and wines. Perishable items include, without limitation, items such as fruits, vegetables, meats, fish, poultry, bakery products and other forms of food, flowers and floral displays and plants. Such items may also be subject to applicable agriculture rules of the destination jurisdiction. Dry ice shipments are limited by dangerous goods regulations and are discussed separately in Section 7.
12. Improperly Packaged and Damaged Items
Carrier reserves the right to refuse to transport items that are improperly packaged or that are damaged at the time the item is checked. If such items are accepted, Carrier is not liable for any loss or damage resulting from the inherent defect or quality of the item. As a condition of accepting such items, Carrier may require the Guest to sign a limited liability release form. Carrier shall not be responsible for loss, damage or delay of such items whether or not such a limited release has been signed by the Guest.
Smoking of any kind aboard the aircraft is prohibited in accordance with Federal Law. This includes but is not limited to cigarettes, cigars, electronic cigarettes, and/or vape pens. Although Advanced Air and Taos Air is aware of various state laws that allow recreational or medical marijuana possession however, federal law prohibits the carriage of marijuana, including medical marijuana. Guests in possession, whether on their person or in their baggage will be subject to federal regulations.
14. Notice of Claims
For domestic transportation, initial notice of any claim for loss, damage, or delay in delivery of baggage must be given at any Guest service counter or any office of Carrier within four (4) hours after arrival of the flight on which the loss, damage or delay is alleged to have occurred. Confirming written notice of any baggage related claim, and initial written notice of any other type of claim against Carrier, with appropriate details of the claim, must be given to Carrier not more than twenty-one (21) days after occurrence of the event giving rise to the claim. Failure to give notice within these time limits will not bar the claim if the claimant establishes to the satisfaction of Carrier that he/she was unable to give such notice. For domestic transportation, legal action on any claim described above must be brought within one (1) year of Carrier’s written denial, in whole or in part, of the claim.
15. Refusal to Transport
The following Guests will be refused transportation on Carrier:
16. Government Laws and Regulations
All transportation is sold and all carriage is performed subject to compliance with all applicable government laws and regulations, including those of the Federal Aviation Administration and U.S. Department of Transportation, Transportation Security Administration, and all applicable Conventions, special contracts, treaties, and tariffs, many of which are not specified herein but are nevertheless binding on Carrier and all Guests.
17. Extra Assistance
Guests requiring extra assistance must contact our reservations department prior to booking. We do our best to provide service to Guests with physical limitations, but due to the constraints of our aircraft, there are some services that we are prohibited from offering in accordance with FAA safety regulations and the US DOT regulations. For information on the Department of Transportation Part 382 and/or to contact the DOT, please view the Air Carriers Access Act. Assistance getting to the gate and/or aircraft: Our aircraft require ground loading, due to their size and configuration. Most of our airports are on one level or have an elevator available to get you to the ground level for boarding. Contact our reservations department for accommodations and information about airport facilities. Assistance boarding or disembarking our aircraft:
Traveling with your own wheelchair:
One wheelchair per Guest will be accepted and transported at no additional charge. Advance notice to reservations is required recommended due to space limitations on the aircraft. Early check-in is also recommended for all Guests with wheelchairs so that there is adequate time to load the wheelchair on board and offer any special assistance that may be needed. FAA regulations prohibit transportation of battery powered wheelchairs inside of the Guest cabin.
18. Guests of size requiring additional space
Guests of size (300+ pounds) requiring extra space must contact our reservations department prior to booking. Guests of size must be able to be transported without compromising the safety of themselves or other Guests on board the aircraft; however Advanced Air and Taos Air will not refuse to provide transportation to any Guest solely because a Guest’s size results in an inconvenience to crewmembers or other Guests. Seat belt extenders, generally extending the length of a seat belt up to 24 inches are available for Guests who may need to lengthen the size of the belt.
19. Pets, Service Animals, and Psychiatric Service Animals
Taos Air is a public/private partnership dedicated to providing air service to/from Taos and the Enchanted Circle region. Partners include: