PUBLIC CHARTER
OPERATOR-PARTICIPANT CONTRACT
This agreement sets forth the terms and conditions under which we Destination Express. in return for payment of the amount indicated as the total charter price, agree to provide you a charter flight.
RESPONSIBILITY: Destination Express as the principal is responsible to you for arranging and providing all of the services and accommodations offered in connection with these charter flights, provided, however, that in the absence of negligence on Destination Express we are not responsible for personal injury or property damage or other loss or expense caused by the air carrier, hotel, or other supplier(s) of any of the other services being offered or provided in connection with the charter.
RESERVATIONS AND PAYMENT: Payment of the Charter Price and a signed contract is required to secure reservations. If the charter is fully booked when your reservation is received, your payment will be returned within 7 days, or with your authorization, we can retain the deposit and place your name on a waiting list in case other passengers cancel their reservations. Even if you authorize us to put your name on a waiting list, we will notify you within 7 days that your selected flight is fully booked.
All checks, money orders, and credit card payments must be made payable to Destination Escrow.
CHARTER PRICE: The charter price, Departure Date, Return Date, Origin City, Destination City and Tour Itinerary are set forth on the Tour and Travel Acknowledgment attached. Any tips or gratuities not specifically mentioned as included in the total charter price will be at your discretion. Except for "major changes," as described below, no refund will be made for any accommodations or services included in the charter price which you voluntarily do not use.
INSURANCE: Trip cancellation, health, and accident insurance are available. We strongly recommend it. This important, low-cost protection can save you money if you are forced to cancel or alter your trip. If you are interested in receiving more information please contact DX Travel Insurance and Assistance Services at (801) 726-5783 direct. Cancellation insurance is provided by DX Travel Insurance. Destination Express and/or its agents do not guarantee payment under any cancellation insurance policy or the viability of an insurance company.
BAGGAGE:
Weight and Size Allowance: GOLF CLUBS are permitted, Additional Costs apply. For all other baggage Maximum weight is 44 pounds and maximum size is 62 inches (length + width + height) per checked piece of luggage. Items from 51 to 70 pounds will be accepted. Items weighing from 71 to 100 pounds and oversized items in excess of 62 inches will be accepted but should be cleared with Swift Air prior to departure day. Any item weighing more than 100 pounds must be cleared with Swift Air as well. Contractual arrangements may preempt these limitations. Please contact your booking agent or tour operator for specific baggage allowances. Swift Air may refuse any property for transportation if it cannot accept ordinary handling or if its weight, size, or character renders it unsuitable for transportation.
Liability: Swift Air liability for lost, damaged or delayed baggage will be determined by replacement cost allowable by insurance and as specified in the Contract of Carriage.
Claims: Damaged or lost baggage must be reported, in person, upon arrival at the passenger’s destination.
Conditional Acceptance: Improperly packed and/or fragile items will be conditionally accepted and Swift Air will not be responsible for any damage to items that are tagged with Conditional Acceptance.
Carryon Baggage: In keeping with new security directives from the TSA, strict limitations are being imposed on carry-on items.
Passengers may carry only one bag plus one smaller, personal-type item onboard the airplane. Each item of carry-on baggage may have external dimensions no larger than ten inches by fourteen inches by twenty four inches (10”X14”X24” – 48 linear inches).
Swift Air, at its sole discretion, may allow additional carry-on baggage on flights where the load factor permits. Personal-type items include purses, briefcases, cameras, food containers, or laptops (case included). All Passengers and Employees and their items are subject to a thorough, physical search.
Swift Air will refuse to transport items of carry-on baggage that may be harmful or dangerous to a passenger, the flight crew, or to the aircraft. Carry-on baggage requirements are subject to change from time to time, based upon changes in applicable federal regulations.
The following items are not considered carryon bags or personal-type items and are not counted against the “one-bag plus one personal-type item” limit: Assistive/mobility devices for individuals with a disability. There is no limit to the number of assistive/mobility devices a Passenger can bring onboard the aircraft. Outer garments or other wearable articles of clothing. Food for consumption during flight contained in disposable packaging. Walking canes or umbrellas.
CRAFT: This flight will be performed by Swift Air using a 737-800 Series Aircraft with a maximum of 94 public charter seats.; or using an ERJ 135 Series Aircraft with a maximum of 30 public charter seats. The air carrier reserves the right to substitute equivalent aircraft if necessary.
SECURITY AGREEMENT: Your payments are protected in part by a surety bond that DX is a part of through Fidelity & Deposit Company of Maryland.
Unless you file a claim with us, or, if we are not available, with the securer within 60 days after the completion of the charter, the securer will be released from all liability to you under the security agreement.
CANCELLATION AND REFUND: If you cancel your reservations: you WILL RECEIVE NO REFUND EXCEPT UNDER THE LIMITED CIRCUMSTANCES SET FORTH BELOW, notification of cancellation should be called in to our reservation department. Cancellations are effective from the day that you advise us of your cancellation and you receive a cancellation number. All requests for refunds must be sent to us in writing at the address listed under Charter Operator Information. (see below)
Cancellation Notice Received: Cancellation/administration Fee:
Except as specifically provided below, a non-refundable Twenty Five Dollar ($25.00) administration fee per person will be charged on all cancelled reservations.
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Except as specifically provided below, if you cancel within 14 days or less prior to the flight, no refund will be issued. One Hundred Percent (100%) of the cost of the package will be retained by Destination Express; unless you have DX Travel Insurance.
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If you are a comped passenger you will be required to secure your reservation with a major credit card. Your credit card will be charged the amount of the trip per person for the trip only if you fail to appear and participate in the charter. Cancellations less than 14 days of the flight will be charged $25 per person. By signing this Agreement you agree to have your credit card charged accordingly.
Please be sure to call our Reservations Department to notify us of your cancellation. Administration fees (if any) are effective from the day that you advise
If you cancel and we are able to resell your seat(s) you will receive a full refund less a $25.00 administrative fee; however, no such resale shall have occurred until all seats on the flight have been sold out initially. Alternatively, if at the time of cancellation you are able to provide a substitute passenger(s) to take over your reservation(s) for a travel package of equal or greater value, you will receive a full refund less a $25.00 administrative fee. Refunds will be made within 14 days of receipt of your notice of cancellation (or within 14 days of resale of your cancelled seat(s) as the case may be.)
If we make major changes 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 results from a flight delay experienced by the air carrier. (If, however, the delay is longer 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 cities named in a tour package are visited; (3) a substitute of any hotel not listed in this contract; and (4) a price increase of more than 10 percent occurring 10 or more days before departure. In no event can we increase your price less than 10 days before departure.
If a major change must be made in the program, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure. If, less than 10 days before scheduled departure, we become 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 later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling.
If a major change occurs after the departure of the flight, which you are unwilling to accept, we will refund, within 14 days after your scheduled return date, that portion of your payment, which applies to the services, not accepted.
If we must cancel the charter: we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. We have no right to cancel the charter less than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip. If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date. If the charter is canceled, we will make a full refund to you within 14 days after cancellation.
The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.
INTERNATIONAL FLIGHTS: The operation of these flights is subject to the foreign governments involved granting landing rights for the flight. If the air carrier cannot obtain these rights, the flight will be canceled and a full refund will be made to you automatically.
Destination Express.
At time of Reservation Agreement to Participate in 380 Program is Part of the Reservation.