CHARTER OPERATOR-PARTICIPANT AGREEMENT

Transcription

1 CHARTER OPERATOR-PARTICIPANT AGREEMENT This Charter Operator-Participant Agreement (together with the Annexes, Reservation Form and Conditions of Carriage attached hereto (the "Agreement")) sets forth the terms and conditions under which SONAIR USA, LLC, with its principal office located at 5444 WESTHEIMER ROAD, SUITE 1685, HOUSTON, TX 77056, (hereinafter referred to as Charter Operator ), in return for payment in the amount indicated as the Total Charter Price, agrees to provide you, the passenger (hereinafter referred to as "Participant" or Passenger ), with public charter air transportation service. ATLAS AIR INC., a Delaware corporation, having its principal place of business located at 2000 WESTCHESTER AVENUE, PURCHASE, NEW YORK (hereinafter referred to as the Carrier ) shall operate and conduct as air carrier the public charter air transportation service (hereinafter the Public Charter ). Charter Operator desires to provide, and Carrier is willing to operate and conduct, the Public Charter utilizing a portion of the seat capacity of the Aircraft heretofore employed for the Houston Express Private Charter. Seating capacity employed for the Public Charter will be limited to a total of eighty (80) seats. Responsibility. CHARTER OPERATOR, AS THE PRINCIPAL, IS RESPONSIBLE TO PARTICIPANT FOR ARRANGING AND PROVIDING THE PUBLIC CHARTER. CHARTER OPERATOR ASSUMES NO RESPONSIBILITY, UNLESS NEGLIGENT, FOR ANY CLAIM, ACTION, CAUSE OF ACTION, INJURIES, LOSSES OR DAMAGES ARISING FROM THE ACTIONS OF THE CARRIER OR ANY THIRD-PARTY CONTRACTORS SUPPLYING SERVICES, WITH RESPECT TO, BUT NOT LIMITED TO: RESERVATIONS; MISSED CONNECTIONS; COSTS OR EXPENSES ARISING OUT OF PERSONAL INJURY, ACCIDENT OR DEATH; QUARANTINE; DISTURBANCES; GOVERNMENT RESTRICTIONS OR REGULATIONS; DAMAGE, LOSS, STOLEN OR DELAY OF BAGGAGE OR OTHER PROPERTY; INCONVENIENCES; LOSS OF ENJOYMENT; LOSS OF PAY; DISAPPOINTMENT; MECHANICAL BREAKDOWN; GOVERNMENT ACTION; STRIKE; LOCKOUTS; WAR TERRORISM; WEATHER; ACTS OF GOD; FORCE MAJEURE; OR OTHER FACTORS OR CAUSES BEYOND ITS CONTROL. Reservations and Payment. Full payment and an acceptance of this Agreement is required to secure reservations. ALL CHECKS AND MONEY ORDERS MUST BE MADE PAYABLE TO: SONAIR USA, LLC ESCROW ACCOUNT, LEVEL ONE BANK C/O SHELBY FINANCIAL CORPORATION, or to Participant s travel agent, who in turn must make their check payable to the escrow account at the depository bank. Checks and money orders should be mailed to the depository bank s agent: SHELBY FINANCIAL CORPORATION, 1 NORTH BATON ROAD, SUITE 203, FRAZER, PA CREDIT CARD OR OTHER APPROVED METHOD OF ELECTRONIC PAYMENT SHALL BE PROCESSED DIRECTLY INTO THE ESCROW ACCOUNT AT THE DEPOSITORY BANK. Charter Price. The Total Charter Price quoted to Participant, and as listed on the attached Reservation Form, includes the Basic Fare for charter air transportation, fuel surcharges and all applicable taxes and fees for the itinerary booked on the Reservation Form. Participant is responsible for all incidental expenses during the Public Charter. Except for "Major Changes" as described below, no refund will be made for services included in the Charter Price, which Participant voluntarily does not use. Additional fees such as charges for upgrades, date changes, no show, baggage, excess baggage, pet, cargo and unaccompanied minor fees, if applicable, are not included in the Total Charter Price but shall be charged at the rates set forth in Annexes A, B and C. These fees are also available on the Charter Operator's web-site at If you have any questions about these fees, please call the Charter Operator or Participant s travel agent. Fuel Surcharges. From time to time, Charter Operator may be responsible to pay Carrier Fuel Surcharges to defer the rising cost of fuel. Charter Operator reserves the right to pass these Fuel Surcharges on to Participant up to a maximum of 10% of the Basic Fare indicated on the Reservation Form and in accordance with the Major Changes section of this Agreement. Charter Operator shall make every reasonable effort when working with the Carrier to ensure an accurate and realistic fuel base is used to calculate fares in an effort to keep Fuel Surcharges at a minimum. For more information about the Fuel Surcharges, please see Annex A. 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 about this coverage, please check the box marked "Insurance" on the Reservation Form. Major Changes and Cancellations. If Charter Operator makes Major Changes prior to departure, Participant has the right to cancel and receive a full refund of the Total Charter Price. The following are Major Changes: (1) A change in the departure or return date shown in the Agreement, unless the change results from a flight delay experienced by the Carrier. In any event, however, a date change that the Charter Operator knows of more than 2 days before the scheduled flight date, and any delay of more than 48 hours, will be considered a major change. (2) A change in the origin or destination city shown in the Agreement for any flight leg, unless the change affects only the order in which cities named in the tour package are visited. (3) A price increase to the Participant that occurs 10 (ten) or more days before departure and results in an aggregate price increase of more than 10%. If Charter Operator knows of a Major Change 10 or more days before a scheduled departure, the Charter Operator will notify Participant within 7 (seven) days after first learning of the change, but in any event at least 10 (ten) days prior to the scheduled departure. If less than 10 (ten) days before the scheduled departure Charter Operator becomes aware that a Major Change must be made, Charter Operator will notify Participant as soon as possible. WITHIN 7 (SEVEN) DAYS AFTER RECEIVING A PRE-DEPARTURE NOTIFICATION OF A MAJOR CHANGE, BUT IN NO EVENT LATER THAN DEPARTURE, PARTICIPANT MAY CANCEL PARTICIPANT S RESERVATION AND PARTICIPANT WILL RECEIVE A FULL REFUND OF THEIR CHARTER PRICE WITHIN 14 (FOURTEEN) DAYS AFTER CANCELING. IF A MAJOR CHANGE OCCURS POST-DEPARTURE OF THE PUBLIC CHARTER, WHICH PARTICIPANT REJECTS, CHARTER OPERATOR WILL REFUND, WITHIN 14 (FOURTEEN) DAYS AFTER PARTICIPANT S SCHEDULED RETURN DATE, THAT PORTION OF PARTICIPANT S CHARTER PRICE, WHICH APPLIES TO THE SERVICES NOT PROVIDED. If Charter Operator must cancel the Public Charter, Charter Operator will notify Participant in writing within 7 (seven) days of the cancellation, but in no event later than 10 (ten) days before the scheduled departure date. CHARTER OPERATOR MAY NOT CANCEL THE PUBLIC CHARTER LESS THAN 10 (TEN) DAYS BEFORE THE SCHEDULED DEPARTURE DATE EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE PUBLIC CHARTER. If that occurs, Charter Operator will notify Participant as soon as possible, but no later than the scheduled departure date. If Charter Operator cancels the Public Charter, Charter Operator shall make a full refund of the Total Charter Price to Participant within 14 (fourteen) days after cancellation. The rights and remedies made available under this Agreement are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this Agreement with the express understanding that the receipt of that refund by a Participant waives the additional remedies. Conditions of Carriage. This Public Charter is subject to the Carrier s Houston Express Conditions of Carriage for Passengers and Baggage, available at: e.pdf (the Conditions of Carriage ), which are specifically hereby incorporated by reference. Baggage Allowances. For a description of the baggage requirements and additional charges, if applicable, please see Annex B. Further details regarding the baggage allowances, requirements, prohibitions and liability are available in the Conditions of Carriage. Unacceptable Items In or as Baggage. See Conditions of Carriage. Baggage Liability. See Conditions of Carriage available at: e.pdf. Air Carrier and Aircraft. The Public Charter is operated by Atlas Air Inc., an FAA Certificated U.S. air carrier, under DOT rules and regulations governing carriage by air. Additional Carrier obligations and requirements regarding

2 Participants/Passengers are set forth in Carrier s Conditions of Carriage. Flights are operated on Boeing series commercial aircraft. Charter Operator reserves the right to substitute aircraft or scheduled air service when necessary at no additional cost and at comparable times if possible, and does not guarantee aircraft type or capacity. Charter Operator will make every reasonable effort to notify all Participants in the event of a schedule change in accordance with this Agreement. No refunds or compensation will be given for changes in aircraft type or for substitution of service. For International Flights Only. Additional restrictions may be imposed by the foreign government involved. If landing rights are denied by a foreign government resulting in a cancellation of that flight, Participant is entitled to a full refund of the Total Charter Price. Security Agreement. Participant s payments are protected, in part, by Charter Operator s irrevocable Stand-by Letter of Credit issued by Capital One Bank N.A. located at 301 West 11 th Street, 3 rd Floor, Wilmington, DE The Stand-by Letter of Credit is on file with the U.S. Department of Transportation. Unless Participant files a qualified claim with Charter Operator, or if Charter Operator is not available, with Capital One Bank, N.A., within 60 days after the completion of your charter (or in the case of cancellation, the intended date of arrival of your charter), Capital One Bank N.A., will be released from all liability to Participant under the Stand-by Letter of Credit. Participant Changes, Cancellations and Refunds. THE RIGHT TO REFUNDS IF THE PARTICIPANT CHANGES OR CANCELS PLANS IS LIMITED; provided, however, that the Participant always retains the right to a full refund of any fees paid with respect to a charter until this Agreement has been accepted as indicated by Participant s electronic or handwritten signature. If the Participant changes the desired date of travel or cancels a previously booked reservation, the following fees shall apply: Participant Itinerary (Date) Changes. (Applicable only to Economy Class (Y) and SPN ticket fares). 15 days or more prior to departure Date Change Fee of $ any change in rate for new date/itinerary 14 days or less prior to departure Date Change Fee of $ % of Base Fare + cost of new date/itinerary Participant Cancellations. (Applicable to all classes and ticket fares) 15 days or more prior to departure Cancellation Fee of $ days or less prior to departure Cancellation Fee of 100% of Base Fare Any Participant who wishes to cancel a flight will receive a full refund (less any applicable Administrative Fee, not to exceed $25) upon providing a substitute participant to the Charter Operator or its sales agent, or upon being substituted for by a participant found by the Charter Operator. The above-referenced fees are not refundable under any circumstances. After departure of the first flight segment, itinerary changes and cancellations are not permitted. Airport Check-In. All Participants must check in at the airport ticket counter no later than two hours prior to the scheduled departure time. See Flight Schedule at Annex D and Reservation Form. Check-in is available and open three hours prior to the scheduled departure time. Participant must be at the boarding gate and in possession of a boarding pass no later than 45 minutes prior to departure. Charter Operator reserves the right to resell any seat or deny boarding to any passenger not checked in 60 minutes prior to departure, and the Participant shall have no claim against Charter Operator or the Carrier for such canceled reservation. Charter Operator, and/or airport representatives and subcontractors, reserves the right to deny boarding to any Participant that becomes irate and or suspicious to the Flight Crew, airport representatives, check-in agents, and/or security agents performing security duties for the Charter Operator and/or the Carrier as required by law. Participants will not receive refunds for missed flights or connections and or for boarding denial due to security procedures that are required and mandated by TSA and any other local government authority either in United States of America or abroad. For additional details on the requirements of Check-In and Boarding, please see the Conditions of Carriage. Customer Service. Charter Operator and Carrier are committed to quality service. In the unlikely event that you have cause for dissatisfaction during your charter, please contact any Customer Service Representative from SonAir, Atlas Air, and WTA or by to houexp.luanda@wtangola.net. Exceptions and Restrictions to Travel Documents. All Charter Participants must have valid passports, except as may be permitted by relevant customs and border authorities. No refunds will be made if improper documentation results in denied boarding or entry. Please see the Conditions of Carriage for further information regarding children (14 years of age or under). Note that additional paperwork will be required for such child Participants. A child between the ages of 5 and 14 may travel unaccompanied under certain circumstances and such travel may be subject to additional fees. Please see Annex C for information on the unaccompanied minor fees and contact the Charter Operator for more details. General. Rights and Remedies: The rights and remedies made available under this Agreement, including the procedures for Major Changes, are in addition to any other rights and remedies available under applicable law. Refunds: Any refund offered by the Charter Operator or the Carrier to the Participant is with the express understanding that the receipt of that refund or alternative travel arrangement by a Participant waives all additional remedies available under applicable law. Execution of Agreement: By executing this Agreement, Participant specifically acknowledges and consents to all conditions set forth herein. Entire Agreement: This Agreement contains the entire agreement between the Charter Operator and the Participant and it supersedes any prior written or oral agreements or representations. Amendment: This Agreement can be amended only in writing and must be signed (electronic or by hand) by the Charter Operator and the Participant. Any oral representations or modifications shall have no force or effect. Governing Law: New York state law shall govern this Agreement. Claims: Any claim against Charter Operator or the Carrier must be presented in writing to the Charter Operator or Carrier at the addresses listed above. Claims are to be made within the time periods set forth in the Warsaw or Montreal Convention, whichever may apply, and the Conditions of Carriage, which are specifically incorporated herein. Acceptance. Participant s electronic signature or acceptance through the internet, as evidenced by Participant s execution of the Signature block on the Reservation Form, shall indicate Participant s agreement to the terms and conditions of this Agreement. In transactions that do not involve electronic signature confirmation of acceptance via the internet by executing the Signature block on the Reservation Form, Participant s written signature immediately below and on the Reservation Form shall indicate Participant s agreement to be bound by the terms and conditions of this Agreement and Reservation Form. I agree to the terms and conditions of this Agreement and Reservation Form. (Participant s Signature) (Participant s Full Name) (Date)

3 TAXES, FEES & ADDITIONAL CHARGES ANNEX A CLASS Contracts BUSINESS DELUXE BUSINESS (C) ECONOMY COACH (Y) SPN (A) PREMIUM (W) TAXES AND FEES APPLICABLE TO ALL CHARTER FLIGHTS: Tax + fees OW* LAD-IAH IAH-LAD OW (One-Way) Tax + fees RT* RT (Round-Trip) ADDITIONAL CHARGES THAT MAY BE APPLICABLE: Fuel Surcharge* Airport - - 1,200,00 - * Only for upgrades from Y to W Date Change fee *150,00 * Only for Y class, W Class and SPN NO-SHOW per leg 350,00 All Prices are in US-Dollars Baggage Charges/ See Annex B Excess Baggage Unaccompanied See Annex C Minors *As applicable, these fees are added to the Basic Fare to calculate the Total Charter Price noted on the Reservation Form.

4 BAGGAGE ALLOWANCE AND EXCESS BAGGAGE ANNEX B Free Checked and Unchecked Baggage Allowance All Checked Baggage must have outside baggage tags for identification. Checked and Unchecked Baggage allowances vary by Carrier and weight restrictions per FAA standard weight regulations. Each Participant on the Public Charter is permitted the following Checked and Unchecked Baggage Allowance: TRAVELLING CLASS CHECKED BAGGAGE (*) UNCHECKED BAGGAGE (**) BUSINESS DELUXE 4 bags max. 32 kg (70.5 lbs) each 1 bag max. 16kg (35.3 lbs) Business Class 3 bags max. 32 kg (70.5 lbs) each 1 bag max. 16kg (35.3 lbs) Economy Premium / Economy Class / SPN 2 bags max. 32 kg (70.5 lbs) each 1 bag max. 10kg (22 lbs) (*) max. size 62 linear inches (W+L+H) = 160 linear cm (**) max. size 45 linear inches (W+L+H) = 115 linear cm Excess Baggage Baggage in excess of the Free Checked and Unchecked Baggage Allowance listed immediately above is referred to as Excess Baggage. All Excess Baggage must have outside baggage and tags for identification. Excess Baggage will be allowed on the Houston-Luanda and/or Luanda/Houston legs of the Public Charter, however, Excess Baggage is subject to additional fees as set out in this Agreement: 1. $110 per additional bag up to a maximum of 2 extra bags (inclusive) in economy class and Economy Premium and a maximum of 3 extra bags (inclusive) in business class and 4 extra bags (inclusive) in Business Deluxe 2. $180 per additional bag in excess of 2, 3 or 4 extra bags, respectively and until a maximum of 10 bags each passenger. Above this limit company shall be contacted to verify availability to transport the excess luggage and the price per additional bag in excess. 3. Oversized bags $110/bag 4. Excess weight: Bags in excess of the above weight will not be accepted. Payments for Excess Baggage Excess Baggage charges are payable in US-Dollars at check-in. Credit cards are not currently accepted on the Luanda-Houston route, and tariffs must be paid prior to travelling. Credit cards are accepted on the Houston-Luanda route. Payments for Pets If you intend to take a pet or other animal on board the charter, please call the Charter Operator or Participant s travel agent for more information about requirements, limitations and associated fees.

5 UNACCOMPANIED MINORS ANNEX C 1. Unaccompanied Minors (UM) are defined as children the age of 5 years old through and including the age of 14 years old who are traveling without a parent, legal guardian or adult. 2. Children who are under 5 years old are not eligible for UM travel. 3. Children who are 5 years old through and including the age of 7 years old may travel without an adult if, and only if, their only travel is on the Public Charter. 4. The parent or legal guardian of children (8 years old through and including the age of 14 years old) who are connecting with another carrier should contact the connecting carrier to determine if that carrier has any unaccompanied minor fees and/or restrictions. 5. WTA must be notified in advance of any UM travelling on the Public Charter. 6. The UM must arrive at the airport a minimum of 2 hours prior to departure accompanied by a responsible adult who must remain until the aircraft has departed the gate. The UM must be met at arrival by a parent, legal guardian or responsible adult with notarized documentation from the parent or legal guardian authorizing discharge of the child to the custody of the responsible adult. 7. UM forms must be utilized and properly filled out prior to departure. (Forms are supplied by Charter Operator at Check-in prior to travel.) 8. All UMs must have notarized authorization from both parents, or, if parent s are deceased, the UM s legal guardian, in order to be allowed entry to Angola or the United States. 9. Prior to UM s departure, Parent or Legal Guardian of UM must provide contact information (i.e., name, address, phone, cell, etc.) for the person(s) responsible for UM at departing and arriving cities. 10. The UM fee is USD 200 per UM and is subject to a limited number of UMs per flight, that will be 3 UM s

6 FLIGHT SCHEDULE ANNEX D Houston - Luanda: Departs on: Monday and Wednesday from George Bush Intercontinental Airport (Terminal D) Check-in times: 07:15 am to 9:15 am Luanda - Houston: Departs on: IAH-LAD Departure UTC (Local) Arrival UTC (Local) Current 15:45 (10:45 a.m.) 6:20 (7:20 a.m.) *Winter Schedule 16:45 (10:45 a.m.) 6:45 (7:45 a.m.) Tuesday and Thursday from Aeroporto Internacional 4 de Fevereiro Check-in times: 06:00 pm to 08:30 pm LAD-IAH Departure UTC (Local) Arrival UTC (Local) Current 21:00 (10:00 p.m.) 11:40 (6:40 a.m.) *Winter Schedule 21:00 (10:00 p.m.) 12:35 (6:35 a.m.) * Winter Schedule effective 6 November 2016 through 12 March 2017.

7 1. PARTICIPANT/PASSENGER DETAILS > HOUSTON EXPRESS Public Charter Reservation Form Electronic Signature Required Mr./Mrs. Miss/CHD ADDRESS: FIRST NAME + MIDDLE NAME (as it appears on passport) 2. PAYMENT: PLEASE INDICATE METHOD OF PAYMENT: Credit card authorization. You are hereby authorized to charge the following credit card with the amount corresponding to Charter Price indicated below. DATE: Contact # I dd-mm-yyyy SURNAME / LAST NAME (as it appears on passport) CREDIT CARD I CASH 'OTHER (PLEASE INDICATE): C/C NUMBER C/C TYPE EXPIRING DATE 3.TRAVEL DETAILS STUDENT SPN ECONOMY Y ECONOMY PREMIUM W BUSINESS C BUSINESS DELUXE - A LUANDA TO HOUSTON FROM TO DATE FLT NR. CLASS UNITED AIRLINE FREQUENT FLYER NUMBER LAD IAH dd-mm-yyyy HOUSTON TO LUANDA FROM TO DATE FLT NR. CLASS UNITED AIRLINE FREQUENT FLYER NUMBER IAH LAD dd-mm-yyyy 4. INSURANCE (PLEASE CHECK ONE): Please send me information on optional trip cancellation, health, and accident insurance. I am not interested in the optional trip cancellation insurance. 5. WAITLIST (PLEASE CHECK ONE): If there are not enough seats available on this flight to cover this reservation Please do not process my credit card payment. Please retain my payment and place my name on a waiting list for this flight. I understand that you will notify me within 7 days if my flight is fully booked. MANDATORY REQUIREMENTS ATTENTION: BOOKING WILL NOT BE ACCEPTED WITHOUT THIS INFORMATION ATTACH PASSPORT COPY (if traveling for first time) PROVIDE PASSPORT DETAILS (for frequent travellers) Passport number Nationality Date of birth Expiring date DD/MM/YYYY DD/MM/YYY SPECIAL INFORMATION > WTA / HOUSTON EXPRESS USE ONLY YOUR CONFIRMATION CODE I B SIGNATURE Houston Express Basic Fare Taxes + Fees Fuel Surcharge Total Charter Price USD 0.00 Additional Charges Electronic Confirmation*. I hereby confirm that I have read the terms and conditions set forth in the Charter Operator Participant Agreement, Reservation Form, and Conditions of Carriage and that I acknowledge and accept all terms set forth therein. (*If a member of a group that will travel together pays for the group, that member of the group may sign and confirm the Agreement/Reservation Form on behalf of the group.] Houston / Luanda Monday and Wednesday George Bush Intercontinental Airport Terminal D Check-in: 07.15am/9.15am (time reference - local) Departure: am Arrival: 07:00 (10/March to 02/Nov)/06:00 (03/Nov to 09/March) Luanda / Houston Tuesday and Thursday Aeroporto International 4 de Fevereiro Check-in: 06.00pm/08.30pm (time reference - local) Departure: 10.00pm Arrival: 06:00 (10/Mar to 02/Nov)/07:00 (03/Nov to 09/March) Baggage Allowance: Y - 2 pieces W - 2 pieces C - 3 Pieces A - 4 pieces - 70lbs each