Terms and Conditions
CONTRACT OF CARRIAGE
Passenger Terms, Conditions of Transportation, Assumption of Risk, Release of Liability, and Electronic Agreement
IMPORTANT NOTICE: THIS IS A BINDING LEGAL AGREEMENT. IT AFFECTS IMPORTANT LEGAL RIGHTS, INCLUDING RIGHTS TO RECOVER FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS. READ IT CAREFULLY BEFORE ACCEPTING.
Carrier. This Contract of Carriage (the “Agreement”) is issued by Air & Opportunity Aviation, LLC, doing business as Coastal Seaplanes (“Carrier,” “Coastal Seaplanes,” “Company,” “we,” “us,” or “our”). It governs every reservation, sightseeing tour, air tour, experience, custom charter, repositioning flight, ground or dockside activity, and other passenger transportation or related service purchased from, arranged by, or provided by Carrier (collectively, “Flight Services”).
Acceptance. By checking the acceptance box, submitting payment, completing a booking, boarding an aircraft, or participating in any Flight Services, the person making the reservation (“Booking Customer”) knowingly and voluntarily accepts this Agreement for themselves and represents that they are authorized to accept it for every person included in the reservation (each a “Passenger”). The Booking Customer agrees to provide this Agreement to all Passengers before participation and is responsible for ensuring their compliance.
Condition of Service. Acceptance of this Agreement is a material condition of Carrier’s agreement to accept the reservation and provide Flight Services. Carrier may refuse or discontinue service if the Booking Customer or any Passenger does not accept or comply with this Agreement.
1. Definitions
1.1 “Aircraft” means any aircraft operated, substituted, arranged, or used by Carrier in connection with Flight Services.
1.2 “Booking Customer” means the individual or entity that requests, purchases, or pays for a reservation, whether for themselves or for others.
1.3 “Passenger” means each person named, included, transported, or intended to be transported under a reservation, including the Booking Customer when traveling.
1.4 “Pilot in Command” or “PIC” means the pilot having final authority and responsibility for the operation and safety of the Aircraft.
1.5 “Reservation” means the confirmed booking and all related Flight Services, passengers, itinerary, dates, times, add-ons, and amounts paid or payable.
1.6 “Scheduled Departure” means the departure time shown in Carrier’s most recent written confirmation, as adjusted by any written notice from Carrier.
1.7 “Carrier Parties” means Carrier and its parents, subsidiaries, affiliates, members, owners, officers, directors, managers, pilots, employees, agents, contractors, vendors, volunteers, representatives, insurers, aircraft owners or lessors, successors, assigns, and participating property, dock, marina, resort, lodging, restaurant, excursion, transportation, or experience partners.
2. Scope, Applicable Law, and Regulatory Authority
2.1 Scope. This Agreement applies to all Flight Services and to all activity occurring before, during, and after a flight when connected with the reservation, including communications, booking, payment, check-in, weighing, safety briefings, boarding, docking, embarking, disembarking, waiting, ground transportation arranged by Carrier, and presence at an aircraft, ramp, shoreline, marina, pier, dock, float, vessel, or participating location.
2.2 Federal Regulation. Flight operations may be conducted under applicable provisions of Title 14 of the Code of Federal Regulations, including Parts 91 and 135, and are subject to applicable federal aviation, transportation, security, and hazardous-materials requirements.
2.3 Controlling Law. If any term of this Agreement conflicts with a nonwaivable law or regulation, that law or regulation controls only to the extent of the conflict. All remaining terms remain effective.
2.4 No Unauthorized Modification. No employee, pilot, agent, vendor, or representative may modify this Agreement or waive any requirement unless the modification or waiver is in a written record expressly authorized by an officer of Carrier.
3. Authority of the Pilot in Command and Operational Control
3.1 Final Authority. The PIC has final and exclusive authority over the operation and safety of the Aircraft. Safety and regulatory determinations made by the PIC or Carrier are final.
3.2 Operational Decisions. Carrier and the PIC may determine or change, at any time, the Aircraft, passenger acceptance, baggage or cargo acceptance, weight and balance, fuel load, route, altitude, departure point, arrival point, water operating area, intermediate stops, boarding location, departure or arrival time, flight duration, or whether a flight will be delayed, modified, diverted, interrupted, returned, or canceled.
3.3 No Passenger Direction. No Passenger may direct or interfere with operational decisions. Requests and preferences may be considered but are never guaranteed.
3.4 Safety First. Carrier may take any action reasonably believed necessary for safety, legal compliance, protection of persons or property, or orderly operations, without liability for resulting delay, inconvenience, itinerary change, or loss, except to the extent liability cannot lawfully be limited.
4. Booking Customer’s Authority and Responsibility for All Passengers
4.1 Authority to Accept. The Booking Customer represents and warrants that they are at least eighteen (18) years old, have capacity to enter into this Agreement, and are authorized to make the Reservation and accept these terms for every Passenger included in it.
4.2 Duty to Inform. The Booking Customer must provide all Passengers with a reasonable opportunity to review this Agreement before travel and must communicate all safety, arrival, identification, baggage, weight, cancellation, and conduct requirements.
4.3 Responsibility for Group. The Booking Customer is responsible for the accuracy of information supplied for all Passengers, for payment of all amounts due, and for losses, costs, damage, delay, or claims resulting from any Passenger’s conduct, inaccurate disclosure, or failure to comply.
4.4 Adult Passengers. To the fullest extent permitted by law, the Booking Customer represents that each adult Passenger has authorized the Booking Customer to arrange the Flight Services and accept contractual terms on that Passenger’s behalf. Each adult Passenger also independently accepts this Agreement by presenting for check-in, boarding, or participating after having notice of the Agreement.
4.5 Minors. The Booking Customer represents that a parent or legal guardian has authorized each minor’s participation and accepted this Agreement for the minor. A parent or legal guardian must accompany any Passenger under eighteen (18) unless Carrier gives prior written approval. Nothing in this Agreement is intended to waive a minor’s rights beyond what applicable law permits.
4.6 Organizations and Group Bookings. A Booking Customer acting for a business, school, club, resort, event organizer, travel advisor, concierge, or other organization represents that they have authority to bind that organization and arrange participation for the listed Passengers.
5. Reservations, Pricing, and Payment
5.1 Confirmation and Payment. A Reservation is not confirmed until Carrier accepts it and receives the required payment. Carrier may require full payment at booking and may cancel or release any unpaid Reservation.
5.2 Pricing. Quoted prices apply only to the stated itinerary, aircraft availability, passenger count, passenger and baggage weights, dates, times, and services. Changes may require repricing.
5.3 Taxes, Fees, and Additional Services. The Booking Customer is responsible for applicable taxes, government charges, landing, docking, marina, parking, waiting, repositioning, additional flight time, cleaning, damage, special handling, and third-party charges not expressly included in the written confirmation.
5.4 Fare Differences. When a Passenger-requested reschedule changes the itinerary, date, duration, passenger count, departure point, destination, or included services, the Booking Customer must pay any increase in price. A lower current price does not create a refund or credit unless Carrier agrees in writing.
5.5 Payment Authorization. The Booking Customer authorizes Carrier and its payment processor to charge the payment method provided for all amounts due under the Reservation and this Agreement, including approved changes and fees.
5.6 Chargebacks. The Booking Customer agrees to contact Carrier in good faith before initiating a payment dispute. A chargeback does not alter the nonrefundable character of a Reservation or relieve the Booking Customer of valid payment obligations.
6. Customer Cancellations and Rescheduling
6.1 Nonrefundable Reservations. All customer-initiated cancellations are nonrefundable, regardless of reason. This includes illness, injury, emergency, travel delay, missed connection, schedule conflict, inaccurate directions, traffic, personal weather concerns, dissatisfaction with forecast conditions, or any other expected or unexpected circumstance.
6.2 Rescheduling 48 Hours or More Before Departure. A request received by Carrier at least forty-eight (48) hours before the Scheduled Departure may be rescheduled to another available date without a rescheduling fee. Any fare difference or additional service cost remains payable.
6.3 Rescheduling 24 to 48 Hours Before Departure. A request received less than forty-eight (48) hours but at least twenty-four (24) hours before the Scheduled Departure may be rescheduled upon payment of a one-hundred-dollar ($100) rescheduling fee per Reservation, plus any fare difference or additional service cost.
6.4 Less Than 24 Hours Before Departure. A Reservation may not be canceled for refund, credited, or rescheduled less than twenty-four (24) hours before Scheduled Departure. The Reservation will be canceled and the entire fare forfeited.
6.5 How Notice Is Measured. A rescheduling request is effective only when actually received and acknowledged by Carrier through an authorized communication channel. Voicemail, social-media messages, or messages to a third-party partner are not effective unless acknowledged by Carrier.
6.6 Partial Cancellations. Removal of one or more Passengers, reduction of seats, shortening of an itinerary, or elimination of an included service is treated as a customer-initiated cancellation of that portion and does not create a refund or credit.
6.7 Rescheduling Deadline. All rescheduled Flight Services must be completed within eighteen (18) months after the original booking date, not the rescheduling date. Unused value expires at the end of that period and is forfeited.
6.8 Availability. Rescheduling is subject to Carrier’s operating season, Aircraft, crew, route, location, capacity, regulatory, and scheduling availability. Carrier does not guarantee the same date, time, route, experience, partner service, price, or Aircraft.
6.9 Nontransferability. Reservations and credits are nontransferable and may not be sold, assigned, bartered, or redeemed for cash unless Carrier approves the transfer in writing.
7. Carrier Delays, Modifications, and Cancellations
7.1 Right to Change or Cancel. Carrier may delay, modify, relocate, reroute, interrupt, divert, reschedule, or cancel any Flight Services when Carrier or the PIC determines that weather, visibility, wind, water or wave conditions, tides, docking conditions, maintenance, Aircraft readiness, crew availability, air traffic, airspace or maritime restrictions, fuel availability, passenger or baggage limitations, regulatory requirements, safety concerns, or other operational conditions warrant the action.
7.2 Carrier Cancellation Remedy. When Carrier cancels the Flight Services and does not provide a substantially equivalent service, the Booking Customer may choose: (a) a refund of the amount paid to Carrier for the canceled, unused Flight Services, returned to the original form of payment; or (b) rescheduling to an available date completed within eighteen (18) months after the original booking date, without a rescheduling fee.
7.3 Exclusive Remedy. To the fullest extent permitted by law, the remedy in Section 7.2 is the Booking Customer’s sole and exclusive remedy for a Carrier-initiated cancellation.
7.4 Delays and Modifications. A delay, route change, change of operating location, shortened or extended ground period, substitution of Aircraft, or other modification does not automatically constitute a cancellation or create a refund right. Carrier will determine whether the core Flight Services were provided.
7.5 Passenger Declines an Operable Flight. When Carrier and the PIC determine that a flight may safely and legally operate, a Passenger’s decision not to fly is customer-initiated and is governed by Section 6, even when the decision is based on weather concerns.
7.6 No Third-Party Expense Liability. Carrier is not responsible for hotel, meal, rental-car, rideshare, parking, marina, event, admission, missed-connection, lost-wage, childcare, pet-care, replacement transportation, or other incidental or third-party expense resulting from a delay, modification, diversion, interruption, or cancellation.
8. Schedules, Routes, Aircraft, and Experiences
8.1 Estimates Only. Published or communicated departure times, arrival times, flight durations, routes, views, wildlife sightings, water operating locations, partner schedules, menus, and itineraries are estimates or intended plans and are not guarantees.
8.2 Aircraft Substitution. Carrier may substitute an Aircraft, operator, crew, or transportation method when lawful and operationally appropriate.
8.3 Experiences and Partner Services. Restaurants, resorts, marinas, charter boats, guides, ground transportation, and other third-party services may be independently owned and operated. Carrier does not control and is not responsible for their acts, omissions, availability, quality, delays, closures, or separate terms.
8.4 Missed Connections. Carrier does not guarantee connections with airlines, trains, vessels, events, accommodations, or other transportation and is not liable for a missed connection or appointment.
8.5 Commercial Purpose. Unless expressly stated in a signed agreement, Flight Services are not promised to satisfy any particular business, production, photography, fishing, hunting, event, or transportation objective.
9. Check-In, Arrival, Identification, and Passenger Information
9.1 Arrival Time. Passengers must arrive at the location and time directed by Carrier, generally no later than twenty (20) minutes before Scheduled Departure. Late arrival may cause shortened service, refusal of transport, cancellation, or forfeiture without refund.
9.2 Identification. Carrier may require government-issued photo identification for any Passenger and may require it for all Passengers age sixteen (16) or older.
9.3 Accurate Information. The Booking Customer and each Passenger must provide accurate legal names, ages, contact information, passenger weights, mobility needs, medical or behavioral concerns relevant to safe transportation, and baggage descriptions and weights.
9.4 Passenger Weight. Accurate passenger weight is safety-critical. Carrier may weigh Passengers and baggage. Materially inaccurate weight information may result in reseating, baggage removal, additional charges, rescheduling, or refusal of transport without refund.
9.5 Changes in Passenger Composition. Adding, replacing, or changing Passengers requires Carrier’s prior approval and may require repricing, new weight-and-balance review, or a new Reservation.
10. Baggage, Personal Property, and Restricted Articles
10.1 Baggage Limits. Baggage is accepted only within limits set by Carrier and the PIC. Carrier may limit, remove, refuse, or transport baggage separately because of weight, balance, dimensions, safety, weather, or operational requirements.
10.2 Personal Property Risk. Passengers are solely responsible for securing and safeguarding personal property before, during, and after Flight Services. Items may be exposed to water, weather, movement, confined spaces, loading, docks, boats, and handling.
10.3 Excluded Items. Carrier is not responsible, to the fullest extent permitted by law, for loss of or damage to cash, jewelry, electronics, cameras, computers, medications, documents, keys, artwork, fragile items, perishables, irreplaceable items, or items not disclosed to and expressly accepted by Carrier.
10.4 Hazardous Materials. Passengers may not bring or tender any item prohibited or restricted by applicable hazardous-materials or aviation law, including explosives, fireworks, fuels, flammable liquids or solids, compressed gases, corrosives, oxidizers, poisons, radioactive materials, or prohibited batteries, except when specifically permitted by law and accepted in advance by Carrier.
10.5 Firearms and Weapons. Firearms, ammunition, weapons, and defensive devices must be disclosed before arrival and may be transported only if lawful and expressly accepted and secured as directed by Carrier. Undisclosed items may result in refusal of transport and referral to authorities.
10.6 Search and Inspection. Carrier may inspect, weigh, open, or require disclosure concerning baggage or articles when reasonably necessary for safety or legal compliance. Refusal may result in denial of transport without refund.
10.7 Cargo. Commercial cargo, freight, or property tendered for carriage is accepted only under a separate written agreement or written confirmation from Carrier. Passenger baggage is not treated as declared-value cargo.
11. Passenger Fitness, Medical Conditions, Mobility, and Special Assistance
11.1 Fitness to Travel. Each Passenger represents that they are physically, medically, mentally, and behaviorally able to participate safely, including boarding and exiting in the operating environment, unless a need for assistance has been disclosed and accepted in advance.
11.2 Disclosure. Passengers must disclose before booking any condition, limitation, recent procedure, pregnancy-related concern, severe allergy, need for oxygen, mobility device, service animal, or other circumstance that may affect safe transportation or require accommodation.
11.3 No Medical Advice. Carrier personnel do not provide medical advice. Passengers should consult a qualified healthcare professional when uncertain about fitness to fly.
11.4 Accommodation. Carrier will consider reasonable requests for assistance consistent with applicable law, Aircraft limitations, available equipment, personnel, safety, and advance notice. Small-aircraft and dock environments may impose practical limitations.
11.5 Refusal or Discontinuation. Carrier may refuse, delay, or discontinue transport when a medical, mobility, behavioral, or safety concern cannot reasonably be accommodated or creates a direct threat or operational limitation, subject to applicable law.
11.6 Emergency Medical Authorization. If a Passenger becomes injured or ill and is unable to provide informed direction, the Booking Customer and Passenger authorize Carrier Parties to contact emergency services and obtain reasonably necessary first aid, evacuation, ambulance transport, hospital care, anesthesia, surgery, or other treatment recommended by qualified medical personnel. The Passenger is responsible for resulting costs.
12. Passenger Conduct and Safety Rules
12.1 Compliance. Passengers must promptly follow all instructions of the PIC and Carrier personnel before, during, and after Flight Services.
12.2 Required Conduct. Passengers must remain in designated areas, use seat belts and safety equipment as instructed, keep aisles and exits clear, secure loose articles, avoid distracting the crew, and use caution around Aircraft, propellers, water, docks, floats, ramps, vessels, vehicles, and equipment.
12.3 Prohibited Conduct. Passengers may not smoke or vape; tamper with controls, doors, latches, safety equipment, or Aircraft systems; unbuckle or move about contrary to instructions; engage in threatening, abusive, discriminatory, unsafe, disruptive, or illegal conduct; or interfere with crew duties.
12.4 Alcohol and Drugs. Carrier may refuse transport to any person who appears intoxicated, impaired, disorderly, or under the influence of alcohol, cannabis, controlled substances, or medication in a manner that may affect safety or conduct.
12.5 Children and Dependents. The responsible adult must supervise children and dependent Passengers at all times and ensure their compliance with instructions.
12.6 Consequences. Noncompliance may result in removal, refusal of transport, diversion, early termination, cancellation, law-enforcement contact, and forfeiture of all amounts paid. The Booking Customer is responsible for resulting costs and damage.
13. Refusal of Transport
13.1 Grounds. Carrier may refuse or discontinue transport of any Passenger who, in Carrier’s or the PIC’s judgment:
· presents or may present a safety, security, health, operational, or regulatory risk;
· fails to comply with law, this Agreement, or crew instructions;
· is intoxicated, impaired, disorderly, abusive, threatening, or disruptive;
· provides inaccurate or incomplete identity, age, weight, baggage, payment, or medical information;
· does not possess required identification or authorization;
· tenders prohibited, undeclared, or unacceptable articles;
· arrives late or at the wrong location;
· cannot be safely accommodated within Aircraft, dock, equipment, staffing, or weight-and-balance limitations; or
· has not paid all required amounts.
13.2 Refund Status. When transport is refused or terminated because of a Passenger’s act, omission, condition, late arrival, inaccurate disclosure, or noncompliance, no refund, credit, or rescheduling is required, except where applicable law mandates otherwise.
14. Assumption of Risk
14.1 Voluntary Participation. Each Passenger knowingly and voluntarily chooses to participate in Flight Services and accepts the risks associated with aviation, seaplane, marine, dockside, waterside, ground, transportation, and recreational activities.
14.2 Inherent and Other Risks. Risks include, without limitation: Aircraft or equipment malfunction; pilot, crew, passenger, vendor, or third-party acts or omissions; takeoff, flight, turbulence, maneuvering, landing, docking, beaching, taxiing, loading, unloading, boarding, and disembarking; emergency or precautionary landing; collision; fire; propeller or machinery contact; fuel or chemical exposure; drowning; immersion; cold or heat exposure; slips, trips, and falls; unstable, wet, moving, narrow, elevated, or uneven surfaces; waves, wakes, tides, currents, wind, rain, lightning, fog, reduced visibility, wildlife, insects, and marine life; remote locations; delayed emergency response; and risks that are unknown, unanticipated, or not specifically described.
14.3 Serious Consequences. These risks may cause inconvenience, delay, emotional distress, illness, bodily injury, disability, property damage, drowning, or death.
14.4 Acceptance of Responsibility. Each Passenger assumes full responsibility for the ordinary and inherent risks of participation and for risks arising from the Passenger’s health, conduct, equipment, property, choices, or failure to follow instructions.
15. Release and Waiver of Liability
15.1 Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BOOKING CUSTOMER AND EACH PASSENGER, FOR THEMSELVES AND THEIR HEIRS, ESTATE, PERSONAL REPRESENTATIVES, BENEFICIARIES, GUARDIANS, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE THE CARRIER PARTIES FROM ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, LOSSES, DAMAGES, COSTS, OR EXPENSES OF ANY KIND ARISING FROM OR RELATING TO FLIGHT SERVICES.
15.2 Included Claims. The release includes claims for personal injury, illness, disability, death, property loss or damage, emotional distress, economic loss, delay, or interruption, whether asserted in contract, tort, negligence, premises liability, bailment, warranty, statute, or any other theory, including claims arising from the ordinary negligence or alleged ordinary negligence of a Carrier Party.
15.3 Nonwaivable Liability. This Agreement does not release liability that applicable law prohibits the parties from waiving. Any reference to a release, waiver, indemnity, limitation, or covenant applies only to the fullest lawful extent.
15.4 Broad Construction. The parties intend this release to be interpreted as broadly and inclusively as applicable law permits.
16. Covenant Not to Sue
16.1 Covenant. To the fullest extent permitted by law, the Booking Customer and each Passenger agree not to commence, maintain, assist, or voluntarily participate in any claim, lawsuit, arbitration, administrative proceeding, or other action against a Carrier Party concerning a matter released under this Agreement.
16.2 Representatives. This covenant is intended to bind the accepting parties and, to the extent legally permissible, their heirs, estates, personal representatives, beneficiaries, guardians, successors, and assigns.
16.3 Enforcement Costs. If a person bound by this covenant brings a claim in violation of it, Carrier may seek recovery of reasonable attorneys’ fees and costs incurred to enforce the covenant, but only to the extent permitted by applicable law.
17. Indemnification and Responsibility for Damage
17.1 Indemnity. To the fullest extent permitted by law, the Booking Customer agrees to defend, indemnify, and hold harmless the Carrier Parties from third-party claims, liabilities, losses, damages, judgments, penalties, fines, and reasonable attorneys’ fees arising from: (a) the Booking Customer’s or any Passenger’s conduct; (b) inaccurate or incomplete information; (c) violation of this Agreement or law; (d) damage to Aircraft, docks, facilities, vehicles, equipment, or property; or (e) a claim by a person for whom the Booking Customer purported to act without actual authority.
17.2 Passenger-Caused Damage. The Booking Customer is responsible for the reasonable cost to inspect, clean, repair, replace, reposition, or restore property damaged or excessively soiled by any Passenger in the Reservation.
17.3 No Indemnity for Prohibited Matters. No indemnity applies to the extent prohibited by law.
18. Limitation of Liability and Damages
18.1 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NO CARRIER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF USE, ENJOYMENT, OPPORTUNITY, PROFITS, REVENUE, WAGES, BUSINESS, OR REPUTATION; OR THE COST OF SUBSTITUTE TRANSPORTATION, LODGING, MEALS, EVENTS, ADMISSIONS, OR OTHER THIRD-PARTY ARRANGEMENTS.
18.2 Property. Carrier’s responsibility for baggage or personal-property loss or damage is limited to the fullest extent permitted by applicable law and does not extend to excluded valuables described in Section 10.
18.3 Maximum Recovery. Where liability cannot lawfully be excluded, Carrier’s aggregate contractual liability arising from a Reservation will not exceed the amount actually paid to Carrier for the specific affected Flight Services, except when applicable law requires a different measure.
18.4 Essential Basis. The parties agree that the price and availability of Flight Services reflect these allocations of risk and limitations of liability.
19. Force Majeure
19.1 Events Beyond Reasonable Control. Carrier is not liable for delay, modification, interruption, nonperformance, or cancellation caused by circumstances beyond its reasonable control, including weather; tides; water or dock conditions; natural disaster; fire; flood; epidemic or public-health event; wildlife; air traffic control; airport, airspace, waterway, or maritime restriction; temporary flight restriction; government or military action; civil disorder; terrorism; security event; labor interruption; utility or communications failure; fuel or supply shortage; vendor or partner closure; crew illness or unavailability; or mechanical condition requiring inspection, maintenance, or repair.
19.2 Safety and Compliance. Carrier may act conservatively when evaluating force-majeure or safety conditions and need not wait until performance becomes impossible.
19.3 Remedies. Customer remedies for a Carrier cancellation remain governed by Section 7.2.
20. Photography, Video, and Publicity
20.1 Incidental Recording. Passengers understand that photography, video, audio, or surveillance may occur during Flight Services for safety, operational, training, documentation, security, or promotional purposes.
20.2 Media Permission. To the fullest extent permitted by law, each adult Passenger grants Carrier a royalty-free, perpetual, worldwide right to photograph or record the Passenger and the Passenger’s property in connection with Flight Services and to use, reproduce, edit, publish, display, and distribute the resulting media for lawful advertising, marketing, social media, web, educational, or promotional purposes without compensation.
20.3 Minors and Opt-Out. The Booking Customer represents that a parent or legal guardian has authorized media use involving a minor. A Passenger who does not wish to be intentionally featured in promotional media must notify Carrier in writing before boarding. Carrier will make reasonable efforts to honor the request, but cannot guarantee exclusion from incidental background images or safety and operational recordings.
20.4 No Ownership of Passenger Content. This section does not transfer ownership of photographs or recordings independently created by a Passenger, but Carrier may repost publicly shared content when permitted by the platform or the Passenger.
21. Claims and Notice
21.1 Prompt Notice. A Passenger must promptly report any injury, property damage, baggage issue, or service concern to Carrier before leaving the operating location when reasonably possible.
21.2 Written Claim. Any claim must be submitted in writing with sufficient supporting information within thirty (30) days after the event giving rise to it, except that visible baggage or property damage should be reported within seven (7) days. These notice periods do not shorten any period that applicable law does not permit the parties to shorten.
21.3 Cooperation. Claimants must reasonably cooperate in investigation, preserve relevant evidence, provide requested records, and allow inspection of allegedly damaged property.
21.4 No Admission. Carrier’s investigation, communication, refund discussion, goodwill gesture, or settlement offer is not an admission of liability.
22. Governing Law, Venue, and Jury-Trial Waiver
22.1 Governing Law. This Agreement and any dispute arising from it or from Flight Services are governed by applicable federal law and, where state law applies, the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.
22.2 Exclusive Venue. Subject to any mandatory federal jurisdiction or venue rule, any lawsuit arising from or relating to this Agreement or Flight Services must be brought exclusively in a state or federal court having jurisdiction in the Commonwealth of Virginia, with venue in the City of Newport News or the federal district encompassing that locality, unless Carrier agrees otherwise in writing.
22.3 Consent to Jurisdiction. The Booking Customer and each Passenger consent to personal jurisdiction in those courts and waive objections based on inconvenient forum to the fullest extent permitted by law.
22.4 Jury-Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT OR FLIGHT SERVICES.
23. Electronic Records, Signature, and Checkbox Acceptance
23.1 Consent to Electronic Transaction. By selecting the acceptance checkbox, the Booking Customer separately and affirmatively consents to conduct this transaction electronically and to receive this Agreement, booking confirmations, notices, and related records electronically.
23.2 Electronic Signature. The Booking Customer agrees that checking the acceptance box, clicking a booking or payment button, or otherwise electronically manifesting assent constitutes the Booking Customer’s electronic signature and has the same force and effect as a handwritten signature.
23.3 Attribution and Records. Carrier may maintain evidence of assent, including the Agreement version, date and time, booking identifier, account information, email address, payment record, device or network information, and other available transaction data.
23.4 Ability to Retain. The Booking Customer should download, print, or save a copy of this Agreement. Carrier’s booking process should make the Agreement available in a form capable of retention at the time of acceptance.
23.5 Withdrawal from Electronic Process. A person who does not wish to transact electronically must not complete the online booking and should contact Carrier before purchase to ask whether an alternative process is available. Withdrawal from electronic transactions does not cancel an existing Reservation or alter the cancellation policy.
24. Amendment of Contract
24.1 Prospective Changes. Carrier may amend this Agreement at any time by posting or providing a revised version. The version accepted when the Reservation is purchased governs that Reservation unless a later change is required by law, is accepted by the Booking Customer, or is more favorable to the customer and expressly applied by Carrier.
24.2 Operational and Safety Rules. Carrier may update operational, safety, baggage, check-in, identification, and hazardous-material requirements when reasonably necessary for safety, regulatory compliance, or changed operating conditions. Carrier will provide notice when practicable.
24.3 Booking-Specific Terms. A written charter agreement, quote, invoice, confirmation, or addendum may supplement this Agreement. If a booking-specific written term expressly conflicts with this Agreement, the booking-specific term controls only for that Reservation and only as to the conflict.
25. General Contract Provisions
25.1 Entire Agreement. This Agreement, together with Carrier’s written booking confirmation and any expressly incorporated addendum, is the entire agreement concerning its subject matter and supersedes prior or contemporaneous oral and written statements concerning that subject matter.
25.2 No Reliance. The Booking Customer and Passengers acknowledge that they are not relying on any promise, representation, guarantee, or statement not contained in the applicable written booking materials.
25.3 Severability and Reformation. If any provision is held invalid, illegal, or unenforceable, it will be enforced to the maximum lawful extent or reformed as narrowly as necessary, and the remaining provisions will remain in effect.
25.4 No Waiver. Carrier’s delay or failure to enforce a provision is not a waiver. A waiver on one occasion does not waive the same or another provision on a later occasion.
25.5 Assignment. The Booking Customer may not assign a Reservation or this Agreement without Carrier’s written consent. Carrier may assign or delegate its rights and obligations to an affiliate, successor, or authorized operator as permitted by law.
25.6 Headings. Headings are for convenience and do not limit the meaning of any provision.
25.7 Interpretation. This Agreement will not be construed against a party solely because that party drafted it. “Including” means “including without limitation,” and the singular includes the plural when context permits.
25.8 Survival. Payment obligations, releases, waivers, covenants, indemnities, limitations of liability, claims provisions, governing-law provisions, and electronic-record provisions survive completion, cancellation, expiration, or termination of the Reservation.
25.9 Third-Party Beneficiaries. Each Carrier Party is an intended third-party beneficiary entitled to enforce the protections granted to Carrier Parties.
25.10 Contact and Notices. Notices to Carrier must be delivered through the contact information or communication method identified in the Reservation confirmation or on Carrier’s official website. Carrier may send notices to the email address or telephone number supplied by the Booking Customer.
26. Final Acknowledgment
BY CHECKING THE ACCEPTANCE BOX AND COMPLETING THE RESERVATION, THE BOOKING CUSTOMER ACKNOWLEDGES AND AGREES THAT:
· the Booking Customer has read and understands this entire Agreement;
· the Agreement contains a release of liability, assumption of risk, covenant not to sue, indemnification obligations, limitations of damages, and waiver of jury trial;
· all customer-initiated cancellations are nonrefundable and rescheduling rights are limited by Section 6;
· the Booking Customer is accepting for themselves and represents authority to accept for all Passengers included in the Reservation;
· the Booking Customer will provide the Agreement and all applicable instructions to every Passenger;
· participation is voluntary, and the Reservation would not be accepted without agreement to these terms; and
· electronic acceptance is intended to constitute a binding electronic signature