AIR CHOICE ONE

GENERAL CONDITIONS OF CARRIAGE

 

The following Conditions of Carriage, together with your ticket and membership agreement, constitute the contract between you as the passenger, and Multi-Aero, Inc. ("MAI"). These conditions apply to all transportation services provided by MAI.

MAI is responsible for transportation only on flights operated by MAI. From time to time, MAI may act as an agent to issue tickets, check baggage, and book reservations for transportation via other carriers with whom MAI has agreements. You should obtain the terms and conditions applicable to transportation by other carriers directly from such carriers.

DEFINITIONS

"We", "our", "ourselves" and "us" means Multi-Aero, Inc., a Missouri corporation.

"You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a ticket or membership agreement. (See also definition for "Passenger").

"Authorized Agent" means a passenger sales agent who has been appointed by us to represent us in the sale of our air transportation services.

"Baggage" means your personal property accompanying you on your trip and consists of your carry-on items and any item handed over to a crewmember prior to departure.

‘Carrier" means an air carrier other than ourselves, whose name or airline designator code appears on your ticket or itinerary.

"Check-In Deadline" means that you must have arrived at the airport and completed check-in formalities at least 30 minutes prior to the scheduled departure time.

"Convention" refers to the following treaties that may apply in the case of international transport:

The convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 ("the Warsaw Convention");

The Warsaw convention as amended by, The Hague and by Additional Protocol No. 4 of Montreal (1975) Guadalajara Supplementary Convention (1961) (Guadalajara); or

The Montreal Convention (1999)

"Damage" includes death, wounding, or bodily injury to a Passenger; or loss, partial loss, theft or other damage to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.

"Electronic Ticket" means the Itinerary /Receipt issued by us or on our behalf and, if applicable, a boarding document.

"Force Majeure" means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.

"Itinerary/Receipt" means a document or documents we issue to Passengers / Members traveling on Electronic Tickets that contains the Passenger’s name, flight information and notices.

"Passenger" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your", and "yourself").

"Stopover" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.

"Tariff" means the published fares, charges and/ or related Conditions of Carriage of an airline filed, where required, with the appropriate authorities.

"Ticket" means either the document entitled "Passenger Ticket" or "Member Itinerary" or the Electronic Ticket, in each case issued by us or on our behalf, and includes these Conditions of Contract, incorporated by reference, and notices.

APPLICABILITY OF CONDITIONS OF CARRIAGE

Except as provided herein these Conditions of Carriage apply only on those flights, or flight segments, where our name is indicated on the Ticket for that flight or flight segment.

If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall, nevertheless, remain valid. In the event of inconsistency between these Conditions of Carriage and any other policies we may have regarding particular subject, these Conditions of Carriage shall prevail.

TICKETS

Validity. Except in the case of an Electronic Ticket, a valid Ticket or Itinerary for membership holders must be presented for all transportation services. Tickets are valid for use only by the Passenger named therein. Passengers will be required to present government issued photo identification before boarding the aircraft. Failure to provide proper photo identification is grounds for MAI or another Carrier to deny the passenger boarding the aircraft without refund. Unless otherwise indicated on the Ticket, each Ticket is non-transferable. The Ticket is, at all times, the property of the issuing carrier.

Mutilated or Lost Tickets. If the Ticket presented is mutilated or if it has been altered by anyone other than us or our authorized Agent, the Ticket will not be acceptable for travel.

In case of a lost or mutilated Ticket, upon your request, we will replace such Ticket provided there is readily ascertainable evidence that a Ticket valid for the flight(s) in question was fully issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another Carrier for misuse of the Ticket. We will not claim reimbursement from you for any such losses that result from our own negligence. The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent. Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiration of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.

Period of Validity. Except as otherwise provided in the Ticket or these Conditions of carriage, a ticket is valid for valid for one year from the date of issue.

Name of Carrier. Our name may be abbreviated on the Ticket. Our address shall be deemed to be the airport of departure as shown on the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment on the Itinerary Receipt.

FARES, TAXES, FEES, AND CHARGES

Fares. Unless otherwise expressly stated, fares apply only for carriage from the airport at the point of origin to the airport at the point of destination. Fares do not include ground transport service between airports and between airports and town terminals. Should you change your Itinerary or dates of travel, this may affect the fare to be paid.

Taxes, Fees and Charges. You are responsible for paying applicable taxes, fees, and charges imposed by government or other authority, or by the operator of an airport. At the time of Ticket purchase, you will be advised of then current taxes, fees, and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees, and charges imposed on air travel are constantly changing and may be imposed after the date of Ticket issuance. If there is an increase in a tax or fee, or a charge is imposed even after Ticket issuance, you are obliged pay to it. Like wise, if a new tax, fee, or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees, or charges that you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.

Currency. Fares, taxes, fees, and charges are all payable in United States dollars.

RESERVATIONS

Reservation Requirements, We or our Authorized Agent will record your reservation(s). Upon request, we will provide you with written confirmation of your reservation(s). Certain fares have conditions that limit or exclude your right to change or cancel reservations.

Ticketing Time Limits. If you have not paid for the ticket prior to the specified ticketing time limit, as advised by us or our authorized Agent, we may cancel your reservation.

Personal Data: You will be required to provide us with personal data for the purposes of making a reservation, purchasing a Ticket, obtaining a membership into the Share A Flight program, obtaining ancillary services, developing and providing services, facilitation of immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, authorized Agents, government agencies, other Carriers or the providers of the above-mentioned services.

Cancellation of Onward Reservations. Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. If you do advise us in advance, however, we will not cancel your subsequent flight reservations.

Standby Policy. A "Standby Passenger" is one who does not have a confirmed reservation for a flight. MAI or another Carrier will prepare a standby list on a first-come, first-served basis. If a Passenger with a confirmed reservation cancels before the departure time or fails to be at the boarding gate at the Check-In Deadline, the reserved seat will be offered to a Standby passenger. Standby Passengers may be called days, hours or minutes before a scheduled flight. Standby Passengers may show up at the boarding gate forty-five (45) minutes prior to the scheduled departure time and still get on the flight if space becomes available.

CHECK-IN AND BOARDING

All Passengers must be at the boarding gate by the time of the Check-In Deadline. We reserve the right to sell your seat to a Standby Passenger if you are not at the boarding gate by the Check-In Deadline. In such event, we shall not be responsible or liable for the cost of your Ticket or for any other loss or expense incurred due to your failure to comply with the Check-In Deadline.

REFUSAL AND LIMITATION OF CARRIAGE

Right to Refuse Carriage. In the reasonable exercise of our discretions, we may refuse to carry you or your Baggage if we have notified you in writing that we would not at any time after the date of such notice carry you on our flights. In this circumstance, you will be entitled to a refund. We may also refuse to carry you or your Baggage if one or more of the following have occurred or we reasonably believe may occur:



BAGGAGE

Baggage Allowance. All passengers are limited to small carry on bags or garment bags weighing a total of 20 pounds or less.

Excess Baggage. Due to weight limitations on flights, any Passenger desiring to carry items in excess of 20 pounds must seek our prior approval. We reserve the right to charge you an additional fee for the carriage of any item weighing over 20 pounds.

Unacceptable Items as Baggage. You must not include not include in your baggage any of the following (herein "Unacceptable Items")

Limitation of Liability. MAI’s liability for loss or damage to Baggage is limited to the actual value of such Baggage or $500.00, whichever is less. If, however, despite being prohibited, any unacceptable item is included in your Baggage, MAI shall not be responsible for any loss or Damage to such item.

Right to Refuse Carriage of Baggage. We will refuse to carry as Baggage any Unacceptable Item, and we may refuse further carriage of any such items upon discovery. We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reason, or the comfort of other passengers. Further information about Unacceptable Items is available upon request. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information on acceptable packing and containers is available upon request.

Right of Search. For reasons of safety and security we may request that you permit a search and scan of you person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether your Baggage contains any Unacceptable Item. In the event a scan causes Damage to you or an x-ray or scan causes Damage to your Baggage, we shall not be liable for such Damage unless due to our fault or negligence.

ANIMALS

If we agree to carry your animal, they will be carried subject to the following conditions:

SCHEDULES, DELAYS, CANCELLATION OF FLIGHTS

Schedules. The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.

Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time after issuing your Ticket. If you provide us with contact information, we will endeavor to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time, which is not acceptable to you, and we are unable to book you on an alternate flight that is acceptable to you, you will be entitled to a refund.

MAI Cancellation, Rerouting and Delays. We will take all necessary measures to avoid delay in carrying you and your Baggage. In the exercise of these measures and to prevent a flight cancellation, we may arrange for a flight to be operated on our behalf by an alternative Carrier and /or aircraft.

Except as otherwise provided by the Convention, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination, or cause you to miss a connection flight on which you hold a confirmed reservation, we shall, at your option, take one of the following actions, which shall be your sole and exclusive remedy and we shall have no further liability to you:

Passenger Cancellation. If, you cancel a flight at least twenty-four (24) hours before departure, there will be a $75.00 cancellation fee. If you do not show up at the boarding gate by the Check-In Deadline, the full fare will be charged and you will not be entitled to a refund.

REFUNDS.

Share A Flight Membership. Refunds for any Members in the Share A Flight Program will be processed according to the Membership Guidelines. Refer to the back of your membership application for details. For all other passengers, we will refund a Ticket or any unused portion according to the following rules:

Involuntary Refunds. If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination, or cause you to miss a connection flight on which you hold a reservation, the amount of the refund shall be:

Voluntary Refunds. Once your transportation has been confirmed and you have been issued a ticket or a charter has been arranged, we have reserved an aircraft and crew for your use. Therefore, if you have to cancel your ticketed reservation or charter for any reason, we have nonetheless incurred costs. You may be entitled to a refund, depending on the timeliness and adequacy of the notice provided to us, as described below.

   1. SHARE-A-FLIGHT. For Share-A-Flight members only, we will make every effort to resell unused transportation services before your anniversary date, although we are not under any obligation to do so. If you cancel a Share-A-Flight seat for which you hold a ticket:

   2. Private Charter Service. The following rules apply if you need to cancel a charter service that you have arranged, and that we have confirmed.

Refunds on Lost Tickets. If you lose your Ticket or portion of it, upon furnishing us with satisfactory proof of the loss, and payment of a reasonable administration charge, refund will be made as soon as practicable after the ticket expires, on the following conditions:

Right to Refuse a Refund. We may refuse a refund where application is made after the Ticket expires. We may refuse a refund on a Ticket that has been presented to us, or to Government officials, as evidence of intention to depart from that country, unless you show to our satisfaction that you have permission to remain in the country or that you will depart from that country by another carrier or another means of transport.

CONDUCT ABOARD AIRCRAFT

General. If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to endanger the aircraft or any person or property on board, or obstruct the crew in the performance of their duties, or fail to comply with any instructions of the crew including but not limited to those with respect to smoking, alcohol or drug consumption, or behave in a manner that causes discomfort, inconvenience, Damage or injury to other passengers or the crew, we may take such measures as we deem reasonably necessary to prevent continuation of any point, and you may be prosecuted for offences committed on board the aircraft.

Electronic Devices. For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.

ARRANGEMENTS FOR ADDITIOINAL SERVICES

Ground Arrangements. If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, in doing so we act only as your agent. The terms and conditions of the third party service provider will apply.

INTERNATIONAL FORMALITIES

General. You are responsible for obtaining all required travel documents and for complying with all laws, regulations, orders, demands, and travel requirements of countries to be flown from, into, or through which you transit. We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules, or instructions.

Travel Documents. Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.

Refusal of Entry. If you are denied entry into a country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.

Responsibilities for Fines, etc. If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on you ticket, or any of your funds in our possession.

Customs Inspection. If required, you shall attend inspection of your Baggage, by customs or other Government officials. We are not liable to you for any loss or Damage suffered by you in the course of such inspection or through your failure to comply with this requirement.

Security Inspection. You shall submit to any security checks by Governments, airport officials, other Carriers, or by us.

LIABILITY FOR DAMAGE

General. Our liability is determined by these Conditions of Carriage. Any other Carrier involved in your journey will have its liability determined by its own Conditions of Carriage.

International Travel. Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention.

MAI’s Liability Rules. Where your carriage is not subject to the liability rules of the Convention, the following rules shall apply:

Reduction of Liability. Any liability we have for Damage will be reduced by any negligence on your part that causes or contributes to the Damage in accordance with applicable law.

Liability Limits Apply to Authorized Agents. The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorized Agents, servants, employees and representatives to the same extent as they apply to us. The total amount recoverable from us and from such Authorized Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.

No Waiver of International Liability Rules. Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.

Special Agreement. Special Agreement applicable to carriage to, from or with an agreed stopping place in the United States of America:

TIME LIMITATION ON CLAIMS AND ACTIONS

Notice of Claims. If you wish to file a claim or an action regarding Damage to Baggage, you must notify us as soon as you discover the Damage, and at the latest, within seven (7) calendar days of the date that of the last segment flown. Every such notification must be made in writing

Limitation of Actions. Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

ARBITRATION

MAI and Share A Flight members, Passengers agree that all claims, controversies and any related issues that may arise at any time between Passenger and MAI or its representatives, directors, officers, employees, and Authorized Agents shall be settled by arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, provided however, that Members (and member’s heirs), Passenger ( and Passenger’s heirs) shall have the right to pursue any claims for death or personal injury in a court of law in lieu of arbitration. Arbitration shall be held at MAI’s facility.