OPERATOR PARTICIPANT AGREEMENT
- This Operator-Participant Contract (“Agreement”) sets forth the terms and conditions under which Brendan Airways LLC dba USA3000 Airlines (“USA3000”), headquartered at 335 Bishop Hollow Rd, Newtown Square, PA 19073 , in return for payment of the amount indicated as the total charter price on receipt agrees to provide you (“Participant”) with charter air transportation via USA3000.
- Responsibility: USA3000, as the principal, is responsible to Participant for arranging and providing all of the services and accommodations offered in connection with this charter flight. Neither USA3000, nor its agents, servants, employees, or your travel agent, assumes any responsibility for any claim, cause of action, injuries, losses or damages arising from the acts or omissions of any third-parties involved with you flight, quarantine, disturbances, government restrictions or regulations, damage, delay of baggage or other property (except as specifically set forth below), inconvenience, loss of enjoyment, loss of pay, disappointment, mechanical breakdown, government actions, strike, lockouts, war, terrorism, weather, acts of God, force majeure or other factors or causes beyond our control.
- Reservations and Payment: Charter reservations may be made online at our website at www.USA3000.com or by calling our toll free reservations at 1-877-872-3000. For bookings made by calling 1-877-872-3000 or via the Internet, credit card payments are accepted only, and are processed automatically. Cash purchases maybe made at the airport. Full payment is due at the time of booking your flight, however, Participants have the right to receive a copy of this Agreement prior to making payment. If payment is made by credit card, Participants waive any charge back rights associated with claims resulting from factors that are not under the control or not the responsibility of USA3000; however, Participants may cancel the reservation for a fee of $200.00 and receive a credit for any balance of the fare for future travel on any USA3000 schedule or charter services. Name changes can be made on payment of a non negotiable $25 administrative fee per segment. USA3000 retains the right to accept or decline any person as a member of the Charter or to change or withdraw a Charter if necessary. All payments are payable and / or deposited to Susquehana Patriot Bank, 101 South Bryn Mawr Ave, Bryn Mawr, PA 19010, USA3000 depository bank.
- Baggage : USA3000 will accept for transportation as baggage such personal property as necessary for the wear, use, comfort or convenience of the passenger for the anticipated duration of the trip. For each ticketed passenger USA3000 will transport for free a maximum of three bags (two checked bags and one carry-on). USA3000 allows each passenger to check 2 normal sized suitcases with a combined total weight of not more than 50 pounds, and no checked bag may exceed 50 pounds. The first checked bag shall not exceed 62 inches in overall dimension (length + width + height – in inches), the second bag shall not exceed 55 inches in overall dimension. All baggage must have outside baggage tags for identification. The dimensions of the carry-on bag shall not exceed 45 inches (L+W+H) and 10 pounds. The carry-on bag must be capable of being stowed under a passenger seat or in an approved overhead compartment. Carry-on baggage us limited to one per passenger in addition to one personal item such as a purse, overcoat or wrap, an umbrella, a handheld camera, and a reasonable amount of reading material or an infant bag. Carry-on baggage allowances may be restricted due to lack of space. All baggage, checked or carry-on is subject to inspection including but not limited to electronic search and hand search. Any excess baggage (within weight and dimension allowance) will be accessed a $50.00 per piece fee, baggage over the dimension allowance will be $50.00 per piece, baggage which is overweight will be $50.00 per piece.
- Baggage Policy Effective May 1, 2008:
USA3000 will accept for transportation as baggage such personal property as is necessary for the wear, use, and comfort or convenience of the passenger for the anticipated duration of the trip. For each ticketed passenger, USA3000 will transport for free a maximum of two bags (one checked bag and one carry-on). USA3000 allows each passenger to check for free a single normal sized suitcase with a weight of not more than 50 pounds and measuring 62 linear inches or less (length + width + height). All baggage must have outside baggage tags for identification. Carry-on baggage must fit in a space no larger than 24" x 16" x 10". The carry-on bag must be capable of being stowed under a passenger seat or in an approved overhead compartment. If a carry-on does not fit into the USA3000 sizing box at the airport, it must be checked and the passenger may be charged accordingly. Carry-on baggage is limited to one bag per passenger in addition to one personal item such as a purse, overcoat or wrap, and umbrella, a handheld camera, a reasonable amount of reading material, or an infant bag. Carry-on baggage allowances may be restricted due to lack of space. All baggage, checked or carry-on, is subject to inspection including, but not limited to, electronic search and hand search. Any excess baggage (within weight and dimension allowance) will be assessed a $25.00 per piece fee. Baggage which is overweight will be $25.00 per piece. No piece of baggage weighing in excess of 70 lbs. will be accepted for travel. Some special checked items, such as golf bags, surfboards, windsurfers, bicycles, etc. will incur a $50.00 charge. Prices and policies are subject to change without notice.
- Liability: On International flights, total liability for reasonable, provable damages for the disappearance of, damage to, or delay in delivery of a passenger’s personal property in USA3000 custody, including baggage, is limited to $9.07 per pound up to maximum free allowance unless documents weight shows payment of excess charges together with declared weight. There is NO LIABILITY for the following items: currency, eyewear, photographic/electronic equipment, supplies, media and peripherals; musical instruments; ornamental items including jewelry, wigs, wig boxes, furs, antiques, artifacts, silverware, timepieces; artistic items and works of art, including paintings, prints, rugs, and statuary; cameras and related equipment and supplies; recreational items including sporting/camping goods/items/equipment; mechanical items; negotiable instruments or papers, securities; paper items including decorations, manuscripts, books, personal papers, publications, and business documents; perishable or edible items; light sensitive materials including film and x-ray plates; precious metals, samples, animals, fragile items and other similar valuable and commercial effects, and all medicines, drugs, and toiletries. When USA3000 has exercised ordinary standard of care, it shall not be liable for delay in delivery of any perishables, or for damage to or caused by fragile items, liquids or perishables which are unsuitably packed, and which are included in a passenger’s checked baggage with or without USA3000 knowledge. However, fragile items or perishable items without appropriate packaging may, at the sole discretion of USA3000 be accepted upon the execution of a limited liability release form furnished by USA3000, releasing USA3000 from liability for damage to, or loss or spoilage of contents or delay in delivery resulting in damage to, loss or spoilage of such items. USA3000 will accept cloth, canvas, vinyl and other soft-sided baggage as checked baggage, but accepts no responsibility or liability for damage such as scratches, scuffs, dents, stains or cuts that results from normal wear and tear. There is no liability for damage to or loss of protruding baggage parts (such as wheels, straps, pockets, pull handles, hanger hooks) or other items attached to baggage, oversized, overweight, over packed and/or previously damaged bags. USA3000 assumes responsibility only for those claims arising from the transportation of baggage over its own routes aboard its own aircraft. USA3000 assumes no responsibility for property damage or loss resulting from passenger security screening or loss incurred in passenger waiting rooms or concourses or for property not checked into USA 3000 custody. All claims are subject to proof of value, loss and are subject to depreciation. Any baggage problems must be reported as soon as possible, and in the case of lost, stolen or delayed baggage, MUST BE REPORTED TO A USA3000 REPRESENTATIVE PRIOR TO LEAVING THE AIRPORT TERMINAL, and no action shall commence or be maintained against USA3000 unless there is full compliance with these requirements.
- Airport Check-in: All charter Participants must check-in at the airport ticket counter no later than 45 minutes for international flights prior to the scheduled departure time. USA3000 reserves the right to resell any seats 30 minutes prior to departure if Participants have not yet checked in. Any Participant who fails to check in on time will not receive any refund for missed flights or connections.
- Air Transportation: Participant is flying on a flight operated as a public charter. USA300 is the charter operator and the direct air carrier. USA3000 Airbus A320 aircraft with 168 seats are used to operate flights. USA3000 reserves the right to substitute scheduled air service when necessary at no additional cost and at comparable departure times based on participation in the charter program. Participants will be notified of any such decision no less than 10 days prior to departure, and may either accept the scheduled service or request a full refund within 7 days of notification. USA3000 reserves the right to substitute another air carrier or to change the aircraft type or capacity and does not guarantee single plane or non-stop service. No refund or compensation will be given for such substitutions or changes.
- Security Agreement: Your payments are protected by a letter of credit issued to the Department of Transportation (DOT) by Susquehana Patriot Bank, 101 South Bryn Mawr Ave, Bryn Mawr, PA 19010, (the “Securer”) Unless you file a claim with USA3000, or if USA3000 is not available, with the Securer within 60 days of the completion of your flight or, in the case of cancellation, the intended date of your scheduled return flight, the Securer will be released from all liability to you.
- Cancellation and Refund: Your right to a refund if you change your travel plans is limited. If you cancel your reservation (except as set forth below), there will be no refund of the Charter Price. If you cancel your flight, for sales made by credit card, you have a right to a full refund until the Operator-Participant Contract is signed. If you cancel your flight after signature, you will receive a refund less $200.00 cancellation fee. If you provide a substitute participant you will be charged $25 administrative fee per segment. If USA3000 makes a Major Change prior to departure, you have the right to cancel and receive a full refund. The following are Major Changes: (1) a change in the departure or return date, unless the change result from a flight delay experience by USA3000. (If, however, the delay is more than 48 hours, it will be considered a Major Change); (2) a change in the origin or destination city, unless the change affects only the order in which the cities named in a tour package are visited; (3) a Charter Price increase of more than 10 percent occurring 10 or more days before departure. In no event may USA3000 change your Charter Price less than 10 day prior to departure (with the exception of fees relating to any special services such as excess baggage charges, pet fees, or unaccompanied minor fees). If a Major change must be made in the flight, USA3000 will notify you in writing within 7 days after first learning of the change, but in any event at least 10 days prior to your scheduled departure. If, less than 10 days before your scheduled departure USA3000 becomes aware that a major change must be made, we will notify you as soon as possible. Within 7 days after receiving notification of a major change, but in no event after your scheduled departure, you may cancel your charter and you will receive a full refund within 14 days after canceling. If a major change occurs after departure of the flight that you are unwilling to accept, USA3000 will refund within 14 days after your scheduled return date that portion of you payment that applies to the services not accepted. If USA3000 must cancel the flight we will notify you within 7 days of the cancellation, but in no event no later than 10 days before the scheduled departure date. USA3000 has no right to cancel a flight less than 10 days before departure except for circumstances that make it physically impossible to perform the flight. If that occurs, USA 3000 will notify you as soon as possible but not later than the scheduled departure date. If the flight is cancelled, USA3000 will make a full refund to you within 14 days of cancellation.
- General: USA3000 is not liable for any incidental or consequential damages. The rights and remedies made available under this contract are in addition to any of the rights and remedies made available under applicable laws. USA3000 offers refunds under this contract with the express understanding that the receipt of the refund or alternative travel arrangements by a Participant waives any and all additional remedies. By executing this agreement Participant specifically acknowledges and consents to the conditions set forth herein. This agreement may be amended only in writing and signed by USA3000 and the Participant(s). Any oral representations or modifications shall be with no force or effect. Except for baggage claims, any claim against USA3000 must be presented in writing within 30 days of the date of your flight, and Participant agrees that USA3000 is expressly not liable for any claim presented after said 30-day period.
- Customer Service: USA3000 is committed to quality service. In the unlikely event that you have cause for dissatisfaction during your flight, please feel free to call 1-800-577-3000 x1860 to discuss the problem with a Customer Representative if you believe you still have a valid complaint, you must send a written account of your complaint within 30 days of your flight. No consideration will be given unless your written communication has been received by the USA3000 within that time.
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