THIS OPERATOR-PARTICPANT CONTRACT (“CONTRACT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH WE, AURORA ANGUILLA RESORT & GOLF CLUB, 6600 France Avenue S., Suite 550, Minneapolis, MN 55435, agree to provide a seat and issue a ticket to you on the charter flights identified below, in exchange for payment of the amount indicated as the Charter Price.
RESPONSIBILITY: We, as the principal, are responsible to you for arranging the charter flight, provided however, that in the absence of negligence on our part, we are not responsible for personal injury or property damage caused by the air carrier. We also are not responsible for personal injury or property damage caused by suppliers of non-transportation related services, including those relating to any ground transportation arrangements you may have made.
RESERVATIONS AND PAYMENT: This Contract forms part of your Reservation. We will confirm the reservation within 7 days. The ticket will be issued after (a) the reservation is confirmed and (b) you have paid the Charter Price in full. All checks, money orders, and credit card payments must be made payable to AURORA ANGUILLA, which shall deposit the payment into a depository account.
CHARTER PRICE: The Charter Price represents the total cost for a ticket on charter flights that operate on the dates and between the cities stated in this Reservation. U.S. and foreign passenger taxes are included in the Charter Price.
AIRCRAFT: We have arranged the charter flight(s) with the air carrier identified below. We reserve the right to substitute the air carrier, if necessary. The air carrier also reserves the right to substitute the aircraft. The air carrier has a separate Contract of Carriage that states the conditions under which it provides air transportation services. You can obtain this separate document directly from the air carrier.
BAGGAGE: The air carrier allows each passenger to check one bag and bring one carry-on bag. The Charter Price includes all baggage charges. For INTERNATIONAL flights, the air carrier's liability for lost or damaged bags is limited to the actual value of the baggage but not more than the amounts set forth in the Montreal Convention. The Montreal Convention limits liability to 1,288 SDR per passenger regardless of the number of bags. If, however, you declare a higher value for baggage and pay an additional charge in advance, the air carrier’s liability may be higher. You must submit a claim for lost or damaged baggage to the air carrier or to us within 7 days of the charter flight. Your claim must include the Baggage Check.
SECURITY AGREEMENT: We have protected your payment through two financial security agreements from (1) ACSTAR Insurance Company, 30 South Road, Farmington, CT 06032 and (2) Central Bank and Trust, 4582 S. Ulster Street, Suite 150, Denver, CO 80237 (collectively “the Securers”). These Securers protect your payment in case the charter flight does not operate. Unless you file a claim with us, or, if we are not available, with the Securers within 60 days after the charter’s completion, the Securers will be released from all liability to you under the security agreements.
CANCELLATION AND REFUND: You have no right to a refund if you travel on the charter flight and are denied entry by foreign authorities. Your right to a refund will be limited, if you cancel your reservation, or if you fail to travel on the charter flight. If we resell your seat, you will receive a full refund, less a $25 administrative fee. Otherwise, your right to a refund is:
|If we receive your notice:
||You will receive:
|30 or more days before departure
||Full refund less $25 admin fee
|10-29 days before departure
|Less than 10 days before departure
||No Refund, except government taxes
All requests for refunds must be sent to us in writing or by email. Refunds will be made within 14 days of receipt of your notice of cancellation.
We have no right to cancel the charter flight less than 10 days before departure except in circumstances that make it physically impossible for the flight to operate. If this occurs, we will notify you as soon as possible but no later than the departure date. If the charter is cancelled, we will issue a full refund within 14 days of the cancellation.
MAJOR CHANGES: If we make major changes before departure, you have a 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 (if the delay is longer than 48 hours, it will be considered a major change); (2) a change in the origin or destination city; or (3) 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 to 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. You will receive a full refund within 14 days after canceling. If a major change occurs after the flight’s departure, which you are unwilling to accept, we will refund, within 14 days of your scheduled return date, the portion of your payment that applies to the services not accepted.
INSURANCE: Trip cancellation, health, and accident insurance may be available. If you are interested in receiving more information about this coverage, please let us know.
INTERNATIONAL FLIGHTS: The operation of the charter flight is subject to the foreign government granting landing rights. If the air carrier cannot obtain landing rights and the flight is canceled, we will issue a full refund to you automatically.
CHARTER FLIGHT AND BAGGAGE INFORMATION
Total Charter Price (incl. taxes): $3,500.00
Air Carrier: Best Jets International
Aircraft Type & Capacity: EMB-170 w/ 30 seats
Origination City: Westchester County Airport (HPN)
Destination City: Anguilla (AXA)