Terms and Conditions of the Air Carrier Operating Your Flight(s)
(all references to “we”, “our”, or “us” mean the applicable Air Carrier operating your flight)
Privacy Policy
We recognize the importance of protecting your personal information. In contracting with you, we ask you for various pieces of personal information. This information is used solely to provide you with the service or information you are requesting. We do not sell this information to others. If we provide any personal information.
Throughout this site you will find links to other web sites. We are not responsible for the privacy practices of these linked sites and we strongly suggest that you consult the privacy policy for each site you visit. This privacy policy applies solely to information collected by us, either directly or through any of our authorized agents.
Travel Policy / Contract of Carriage
The following terms and conditions, along with the validated ticket, constitute a contract between the applicable Air Carrier and our passengers. All transportation by us is subject to these terms and conditions, as well as to any terms and conditions specified on or in any ticket, ticket jacket, E-ticket receipt, web site, or printed schedule. By purchasing a ticket or accepting transportation, the passenger agrees to be bound thereby. A copy of this contract may be obtained from our authorized marketing agent, Arrive Air Service, LLC (“Arrive Air”), by calling its central reservations office at (800) 821-1724, by accessing its web site at www.ArriveAir.com or by contacting Arrive Air at 3028 Castle Pines Drive, Duluth, GA 30096 (Attn: Passenger Care). Arrive Air also acts as the authorized marketing agent for other FAA certificated Part 135 Air Carriers.
Applicability
The following terms and conditions apply to all transportation provided by us for you and apply whether or not a ticket for such transportation was sold by us, either directly or on our behalf by our authorized marketing agent, Arrive Air, or one of its sub-agents. Our obligations hereunder extend only to the ticketed passenger. This section, however, does not apply to any Charter Customer (defined below) who enters into a charter agreement with us for the relevant air transportation, whether the charter agreement involves a charter of the entire aircraft or is a Shared Charter (defined below). Any limit or restriction upon, or any waiver of, any passenger rights or remedies, as set forth in this contract of carriage, in favor of us, or otherwise available to us under applicable law, shall apply with equal force to our employees, agents and representatives, including, without limitation, Arrive Air and its sub-agents.
Definitions
Baggage: All personal property taken aboard the aircraft by the passenger, including checked baggage and personal wing items (as those terms are defined below).
Charter Flight: Any flight where the departure location, the departure time, and the arrival location are negotiated in advance of the flight by the passenger (the “Charter Customer”) and us. On a Charter Flight, the Charter customer may purchase all or less than all of the available passenger seats on the aircraft.
Checked Baggage: Any article or other passenger property that is taken into our custody and control and transported by us in the cargo compartment of the aircraft during a flight.
Passenger: Any person, except members of our crew and other on-duty personnel, carried or to be carried in an aircraft with our consent.
Disabled Individual: Any person who (a) has a physical or mental impairment that, on a permanent or temporary basis, which substantially limits one or more major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairment, as further defined in U.S. Department of Transportation regulations at 14 C.F.R. 382.5.
Qualified individual with a disability: Any individual with a disability (as defined in the definition of “Disabled Individual”) who:
1. With respect to accompanying or meeting a traveler, use of ground transportation, using terminal facilities, or obtaining information about schedules, fares, or policies, takes those actions necessary to avail himself or herself of facilities or services offered by us to the general public, with reasonable accommodations, as needed, provided by us;
2. With respect to obtaining air transportation provided by us, offers or makes a good faith attempt to offer to purchase or otherwise validly obtain a such a flight; or
3. With respect to obtaining air transportation or other services or accommodations, as provided by U.S. Department of Transportation regulations on Nondiscrimination on the Basis of Disability in Air Travel, 14 C.F.R. Part 382:
(a) Purchases air transportation on an aircraft we operate and presents himself or herself at the airport for the purpose of traveling on the flight for which a purchase was made;
(b) Meets reasonable, nondiscriminatory requirements of the applicable contract of carriage applicable to all passengers; and
(c) Whose carriage will not violate the requirements of the Federal Aviation Regulations or, in the reasonable expectation of us or our employees or representatives, jeopardize the safe completion of the flight or the health or safety of other persons.
Itinerary: The route of a passenger's transportation by air.
Personal wing item: Any article or personal property that is carried by the passenger to the aircraft to be stowed in the wing locker of the aircraft during a flight.
Shared Charter: A Charter Flight where the Charter Customer has purchased less than all of the passenger seats on the aircraft, and the passenger seats not purchased by the Charter Customer are sold by us on an individual "per seat" basis. The departure point, the departure time, and the arrival point of each Shared Charter are posted by us in advance of the flight.
Ticket: The document issued by us (either directly or on our behalf by our authorized marketing agent, Arrive Air, or any of its sub-agents) that provides for the carriage of the passenger and his/her baggage.
Baggage & Baggage Claims
General
Baggage will be accepted for transportation from ticketed passengers only. We will not accept baggage whose size, weight or character makes it unsuitable for transportation on the aircraft as determined by us. All baggage is subject to inspection. Government safety and security regulations apply to our carriage of baggage.
Baggage Allowance
For each ticketed passenger, we will transport free of charge up to 30 lbs. of baggage. We will refuse to accept any baggage for transportation if it or its contents cannot withstand ordinary handling, or if its weight, size, or character renders it unsuitable for transportation on the particular aircraft which it is to be carried.
Excess baggage will be carried on a space available basis. Baggage compartment constraints of the aircraft may restrict the size of the bags that may be accepted for travel, regardless of weight.
Conditions of Checked Baggage
Baggage must be checked in at the airport in advance of flight departure. If a passenger does not present his or her baggage for check-in within sufficient time to allow for normal handling procedures for that airport, we may accept the baggage for transportation on a later or subsequent flight, but in no event will we be responsible for any loss that arises from the delay in delivery of the baggage. All checked baggage must have name identification on the outside. Only the holders of the baggage claim check may claim checked baggage. We are not responsible for determining that the holder of the claim check is entitled to the baggage. If baggage claim checks are lost, proof of ownership may be required prior to release of the baggage. Except as otherwise provided below, acceptance of baggage by the bearer of a claim check without filing a written complaint will constitute evidence of delivery by us of the passenger's baggage with all original contents in good condition. We may refuse to transport any baggage that the passenger refuses to submit for inspection.
Limits of liability for baggage including fragile or perishable goods.
Liability, if any, for loss, delay or damage to checked baggage is limited to the proven amount of damage or loss, but in no event shall be greater than $500 per passenger.
We assume no liability for fragile, valuable or perishable articles. We are not liable for optics, keys, jewelry, money, silverware, negotiable papers, securities, books, documents, irreplaceable antiques, heirlooms, collectibles, artifacts, works of art, prescription medication, samples, photographs, electronic equipment, sound reproduction equipment, computer equipment, cellular phones, fragile articles or other similar valuable items and commercial effects included in checked baggage with or without our knowledge (or the knowledge of our authorized marketing agent, Arrive Air or any of its sub-agents). If any such items are lost, damaged, pilfered, or delayed, you will not be entitled to any reimbursement from us. These items should be carried by the passenger to the aircraft and placed in the wing locker. We are not liable for any checked baggage that has a liability release form, known as a "limited release" tag, signed by the passenger.
We assume no responsibility or liability for loss or damage to personal wing items carried by the passenger to the aircraft and stored in the wing locker prior to boarding.
We are not liable for minor damage such as scratches, scuffs, stains, dents, cuts and dirt resulting from normal wear and tear.
Claims restrictions, including time requirements for reporting or filing baggage claims.
Lost, delayed or damaged baggage must be reported to us (or to our authorized marketing agent, Arrive Air) within four (4) hours of the arrival of the flight on which the loss, damage or delay is alleged to have occurred. All claims for any loss, damage or delay of checked baggage must be received by us (either directly or on our behalf by Arrive Air) in writing within thirty (30) days of the incident that allegedly precipitated the loss, damage or delay. Any legal action must commence within one year of the incident. Otherwise, such claims will be considered waived.
We assume responsibility only for those claims arising from transportation of baggage on our routes. All claims are subject to proof of loss.
No action shall be maintained for any loss, damage, delay or pilferage of checked baggage, unless appropriate notice is given in accordance with this section. If notice is not given in accordance with this section or legal action is not commenced within one year from the date of the incident, any such claims will be considered waived.
Delayed Bag Delivery & Interim Expenses
We will attempt to ensure that baggage arrives before or at the same time as the passenger. In the event that checked baggage does not arrive before or at the time the passenger arrives, we are committed to deliver checked baggage to passengers in a timely and efficient manner. This delivery may be by us or by an authorized agent contracted at our expense to provide such bag delivery. Passengers may also choose to pick-up their bags in lieu of delivery.
Provided the passenger is not in his or her hometown, he or she is entitled to reasonable interim expenses resulting from delayed bags. The passenger may purchase that which he or she deems reasonable taking into consideration the purpose of the trip. Our responsibility for interim expenses is limited to $100.00 per day, $300.00 maximum, per ticketed passenger without regard to the length of time the property is delayed or missing. Passengers must maintain receipts for reimbursement. Passengers may be reimbursed for additional purchases only if prior written authorization is obtained from us or our authorized marketing agent, Arrive Air.
If the delayed bag becomes a claim for which monetary compensation is appropriate in accordance with this contract of carriage, interim expenses advanced for the initial delay will be deducted from the claim's settlement total. Interim expenses are not available as an additional remedy for bags which are lost or damaged and for which such a claim is reported and processed, without regard to whether the claim results in compensation in accordance with this contract of carriage.
Restricted Articles
Federal law forbids the carriage of hazardous materials aboard aircraft in your baggage or on your person. A violation can result in five years imprisonment and penalties of $250,000 or more. (See 49 USC § 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples include: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals. For further information, contact us or our authorized marketing agent, Arrive Air.
Federal law provides that no person shall carry a deadly or dangerous weapon, either concealed or unconcealed, aboard any of our aircraft except: (1) employees or officials of a municipality or State, or the United States, who are authorized to carry firearms (e.g. FBI, Secret Service, LEO prisoner escort, Federal Air Marshall) or (2) crewmembers and other persons authorized by us to carry firearms. Appropriate documentation and identification will be required of any passenger traveling under this provision. Firearms that are unloaded, dismantled and encased in a hard-sided suitable locked container may be carried as checked baggage. Ammunition must be securely packaged in a container made of durable fiber, wood or metal, or in the manufacturer's original package to a maximum not exceeding eleven (11) pounds. The passenger will be required to complete the applicable declaration forms.
Live Animals
Some live pets are accepted for transport on our flights subject to a service charge and other conditions as noted herein. Pets must be accompanied by a traveling passenger, as pets will not be accepted as unaccompanied freight. Pre-notification is required.
On our flights, passenger must provide a kennel suitable for transport of the pet. Kennels for large pets (27" x 20" x 19" or larger) may not fit in the aircraft and the passenger should contact us or our authorized marketing agent, Arrive Air, for information regarding size constraints. Reservations are recommended, as in most cases only one pet per aircraft is permitted.
On flights where kennels are not required, dogs may travel as follows: Dogs not exceeding 35 pounds in weight may be carried on the passenger's lap; Dogs exceeding 35 pounds in weight must be properly restrained with a leash, harness or similar device; Specific seating arrangements apply to accommodate non-kenneled live animals in the aircraft cabin.
The animal must be harmless, odorless, inoffensive and suitable for cabin air transport as determined by us. A passenger assumes full responsibility for the safety, well being and conduct of his or her pet while on-board the aircraft, and for compliance with all governmental requirements or restrictions of the country, state, or territory from and/or to which the animal is being transported. Upon arrival, health certificates may be required by local authorities, depending upon the route over which the pet is traveling. We assume no responsibility for the impaired health or death of the animal.
Service animals accompanying disabled passengers will be carried at no additional charge to the passenger. (See, “Service animals” under section entitled "Acceptance of Passengers" below).
Acceptance of Passengers
Refusal to transport
We may refuse to transport, or may remove at any point, any passengers: when necessary to comply with government regulations; when necessary for the safety and/or comfort of themselves or other passengers; or when the passenger's conduct is disorderly, abusive, or violent towards other passengers or our employees or agents.
We will not refuse to provide transportation to a disabled individual, who may be transported in accordance with the Company's General Operations Manual in compliance with the Federal Aviation Administration (FAA), on the basis of his or her disability. We define a “disabled individual” as indicated above, to include any passenger needing special assistance and/or consideration because of physical or mental limitations such as blind, deaf, mentally handicapped (not so severe as to endanger the safe operation of the flight), elderly, senile, persons with heart conditions, etc. Passengers who, because of age, mental or physical condition, disability or impairment, require individual attention (on enplaning, deplaning, during flight and/or during emergency evacuation, or during ground handling at an airport) will be afforded a reasonable amount of assistance by our personnel.
We ma Air may refuse to provide transportation to any passenger on the basis of safety, and may refuse to provide transportation to any passenger whose carriage would (in our view) violate federal regulations or our FAA-issued General Operations Manual. In exercising this authority, our personnel will not discriminate against any disabled individual solely on the basis of the disability.
If more than one disabled individual is traveling on the same flight, we will, in our sole discretion, determine whether all may travel on the same flight, as per the FAA and in the interest of safety. Special seating requirements apply.
Any passenger who refuses to permit the search of his or her person or property for explosives, hazardous materials, contraband, or concealed, deadly, or dangerous weapons or articles
Any passenger who refuses on request to produce positive identification. (Note: we shall have the right to require, but shall not be obligated to require, positive identification of passengers.)
Special Medical Requirements. We will refuse to transport persons requiring the following medical equipment or services, which either are not authorized or cannot be accommodated on our aircraft: medical oxygen for use onboard the aircraft, incubators, medical devices requiring electrical power from the aircraft, or persons who must travel on a stretcher.
We may refuse to transport, or remove from the aircraft, at any point any passenger in the following categories as may be necessary for the comfort or safety of such passenger or other passengers:
1. Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent, or whose clothing is lewd, obscene, or patently offensive; (Note: We will not refuse to provide transportation to a qualified individual with a disability solely because the individuals disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crew members or other passengers);
2. Persons who are unable to occupy a seat with the seat belt fastened;
3. Persons who appear to be intoxicated or under the influence of drugs;
4. Persons who are known to have a contagious disease;
5. Persons who refuse to comply with instructions given by our employees or representatives;
6. Persons who have an offensive odor, except where such condition is the result of a disability. Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons; provided, however, that we will carry passengers who meet the qualifications and conditions established in Transportation Security Administration Regulation 49 C.F.R. 1544.219;
7. Prisoners (i.e., persons charged with or convicted of a crime) under escort of law enforcement personnel; other persons (i.e., non-prisoners) in the custody of law enforcement personnel who are being transported while wearing manacles or other forms of restraint; persons brought into the airport in manacles or other forms of restraint; persons who have resisted escorts; or escorted persons who express to our employees or representatives an objection to being transported on the flight;
8. Persons who have misrepresented a condition which becomes evident upon arrival at the airport, and the condition renders the passenger unacceptable for carriage;
9. Infants fourteen (14) days of age or younger, unless approved for carriage in writing by an attending physician; or
10. Persons who are unwilling or unable to abide with our non-smoking rules.
The fare of any passenger denied transportation or removed from our aircraft en-route under the provisions defined herein will be refunded. The sole recourse against us or any of our agents available to any passenger who is refused transportation or removed en-route will be the recovery from us of the refund value of the unused portion of his or her flight.
Carriage of Minors
Infants fourteen (14) days of age or younger: We will not provide transportation services to any infant fourteen (14) days of age or younger, unless an attending physician approves such infant for air travel in writing. Infants must be accompanied by a passenger eighteen (18) years of age or older.
Children over fourteen (14) days and under two (2) years of age not occupying a seat will be carried without charge when accompanied by a fare-paying passenger eighteen (18) years of age or older. We cannot guarantee that an unoccupied seat will be available for any child traveling without charge and without a confirmed reservation. Safety seats for children without a confirmed reservation may have to be transported as baggage if unoccupied seats are not available.
We assume no responsibilities for unaccompanied children beyond those applicable to adult passengers.
Service animals
We will permit dogs and other service animals used by qualified disabled individuals, to accompany the person on a flight free of charge. Kennels are not required, although the animal must be properly restrained in a harness or similar device. Specific seating arrangements apply to accommodate un-kenneled live animals in the aircraft cabin. A passenger assumes full responsibility for the safety, well being and conduct of his or her service animal while on-board the aircraft, and for compliance with all governmental requirements or restrictions of the country, state, or territory from and/or to which the animal is being transported.
Cancellation of Reservations
Passengers who have not checked-in, received a boarding card, and are not at the boarding point ready to board the aircraft at least ten (10) minutes before the scheduled departure time are subject to having their reservation for that flight (if any) cancelled as well as all other reservations in their ticket itinerary.
Passengers who are "un-ticketed" and have not purchased a validated ticket at least thirty (30) minutes prior to scheduled departure time are subject to having their reservation for that flight cancelled as well as all other reservations in their ticket itinerary.
When a passenger fails to honor a segment of a reservation, we will cancel, without notification, all continuing and returning portions of the itinerary contained in the same reservations record.
If the passenger has not purchased a validated ticket for a confirmed seat for a reservation that is placed on a courtesy hold with ticketing time limits as defined by the fare rules, the reservation will be cancelled without notice at the expiration of the time limit.
If our refusal to transport a passenger is for reasons defined in section "Refusal to transport", the reservation will be cancelled.
When there is a record that a reservation was cancelled (either by us or the passenger) after a ticket for a confirmed flight was issued, the ticket may not be accepted for the flight specified. In such event, passengers will not be eligible for denied boarding compensation. If the passenger has purchased the ticket and the reservation is cancelled pursuant to this paragraph, we may refund the ticket in accordance with its refund policy or offer flight accommodations on the next flight with seats available.
Tickets
No person will be entitled to transportation except upon presentation of a valid ticket. Such ticket will entitle the passenger to air transportation only between airports of origin and destination via the routing designated on the ticket.
Our unused tickets are valid for transportation for a period of one (1) year from the date of original issue unless a shorter validity period is indicated on the ticket.
The fare for carriage is subject to change prior to commencement of carriage. The fare charged on the ticket applies only to the transportation specified thereon. Any passenger-initiated changes to such transportation may result in a change in the fare, assessment of monetary penalties, or loss of transportation value.
Tickets are non-transferable. We are not liable to the owner of a ticket for honoring such a ticket when presented by another person.
Refunds & Lost Tickets
Voluntary refunds
When a passenger requests a refund on a refundable ticket issued by us and the passenger has complied with all applicable provisions of the applicable contract of carriage, the ticket will be refunded as follows:
72 hours prior to flight: Full Refund
24 hours prior to flight: 75% refund
Less than 24 hours prior to flight: 100% travel credit good for one month on space available basis.
Involuntary refunds
In the event that we fail to provide a previously confirmed seat and we do not re-route the passenger on another one of our flights or that of another air carrier, we will refund directly to the affected passenger:
(a) An amount equal to that paid, if no portion of the ticket has been used; or
(b) The refund will be the amount equal to the applicable fare for the unused segment(s) if a portion of the ticket has been used.
In no instance will the amount refunded be greater than the amount paid for the ticket.
The applicable refund will be granted only if the passenger complies with the provisions set forth in this contract of carriage.
Passengers on flights cancelled by or not rescheduled within four (4) hours of original departure time by us where the passenger does not accept an offer of substitute transportation via the next available flight or ground transportation will be offered a refund in accordance with the preceding terms of this section.
Changes
Request to change tickets are subject to the following:
(a) Transfer of ticket prior to scheduled or posted flight date: $10 per occurrence;
(b) Flight changes more than 24 hours prior to scheduled or posted flight time: $75.00 per occurrence (subject to availability); and
(c) Flight changes less than 24 hours prior to scheduled or posted flight time: Not permitted.
Fares
All fares are subject to change without notice.
The fare charged on the ticket applies only to the transportation specified thereon. Any passenger-initiated changes to such transportation may result in a change in the fare, assessment of monetary penalties, or loss of transportation value.
When a passenger calls us or our authorized marketing agent, Arrive Air, or one of its sub-agents, the fare quoted may be stored and guaranteed for twenty-four (24) hours as a courtesy to the passenger. Cancellations may be made without penalty within this period of time and the reservation will simply be cancelled due to lapse of time if the reservation is not later confirmed.
Flight delays and re-routings
We undertake to use reasonable commercial effort to transport all passengers and baggage expeditiously.
Schedule irregularity means any:
(a) Flight cancellation or any other delay or interruption in the scheduled operation of our flight; or
(b) Schedule changes that require re-routing of the passenger at departure time, because prior notice of such schedule change had not been given to the passenger prior to the passenger’s arrival at the airport for check-in on the original flight.
Schedule irregularity does not include Force Majeure events as defined below.
When a passenger is delayed because of a schedule irregularity involving one of our flights, we will transport the passenger on our next flight on which space is available. If we are unable to arrange alternate air transportation acceptable to the passenger, we will refund the flight coupon(s) for the unused portion in accordance with the procedures outlined in "Involuntary refunds", above.
Force Majeure Event includes:
Any condition beyond our control (including but without limitation, meteorological conditions, acts of God, airport traffic congestion and delays, riots, embargoes, hostilities, or unsettled international conditions whether actual, threatened or reported) or because of delay, demand, circumstances or requirements due, directly or indirectly, to such condition;
Any labor dispute affecting our service;
Any government regulation, demand or requirement;
Any shortage of labor, fuel or facilities available to us or others; or
Any other fact not reasonably foreseen, anticipated, or predicted by us.
We may, in the event of a force majeure event, without notice, cancel, terminate, divert, postpone, or delay any flight or reservation and determine if any departure or landing should be made, without liability except to refund for any unused portion of the ticket.
Amenities for Delayed Passengers:
No amenities or compensation will be provided to a passenger on a flight that is delayed or cancelled in the area where the passenger originates or at the passenger's destination.
No amenities or compensation will be provided to a passenger on flights that are delayed or cancelled due to any force majeure event.
We will attempt to communicate frequently and keep the passenger informed as to the nature of delayed flights.
Denied Boarding
Oversell situations may occur. They also may result from booking rejection problems that occur between reservations systems used by us or our authorized marketing agent, Arrive Air, or any of its sub-agents and/or other agents. Finally, sometimes they result from inadequate contact information for alerting passengers of schedule changes in advance.
When an oversell situation occurs, we will encourage passengers to voluntarily relinquish seats in exchange for a free ticket on any route we operate, or other compensation that we determine is appropriate. The request for and selection of volunteers will be in a manner determined solely by us. We will transport the passenger on our next flight on which space is available.
If volunteers are not forthcoming, we will select the passenger who will be denied boarding and will make every effort to make appropriate arrangements on both us and the passenger's connecting flight, if applicable. The selection of the passenger(s) for denied boarding will be in a manner determined solely by us. Consideration for priority in boarding may include a passenger's disability, traveling of unaccompanied minors and whether other passengers may experience a severe hardship (in the judgment of our personnel) as a result of denied boarding. Business commitments will not, of themselves, constitute a severe hardship. Passenger will not be eligible for denied boarding compensation if we arrange for alternate transportation, acceptable to passenger, which is scheduled to arrive at the airport of the passenger's destination earlier than or within four (4) hours of the original scheduled flight. No denied boarding compensation will be provided if the passenger does not fully comply with all provisions as set forth in this contract of carriage. The passenger will not be eligible for compensation if the ticket was issued for free or for employee-industry travel.
Acceptance of denied boarding compensation in whatever form constitutes full compensation for any and all damages arising as a result of our inability to provide air transportation. By accepting such compensation, the passenger will be deemed to have waived any and all claims or actions against us in connection with our inability to provide such transportation.
Smoking
Smoking is prohibited on all of our aircraft and during all of our flights.
Our right to change the terms of the contract
We reserve the right to change the terms of this contract of carriage, flight schedules, and fares without notice.
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