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CONSUMER OPERATOR PARTICIPATION CONTRACT (COPC) CONTRACT
RESERVATION FORM Present at airport upon
check-in.
Up to six (6) passengers traveling together may sign
this form.
Origin City:___________________________ Destination
City:________________________
Departure Date:_______________________ Return
Date:___________________________
Airline:______________________________ Authorized
Booking Agent:________________
1. TOUR
OPERATOR: CFirstClass Corp dba SkyValue USA. Please read the
information provided within the contents of this document, your signature
acknowledges your understanding of this Consumer Operator Participation
Contract (herein after referred to as the "Agreement").
2. GENERAL: When you reserve a
trip as described in this Agreement, a contract is made and each party has
certain rights and obligations. The price of the trip, dates of the
outbound and return flights, the origin and destination cities and other
conditions are specified in this Agreement. The Charter Participants
(“You” or “Your”), named in this Agreement, CFirstClass Corp. dba SkyValue
USA, 1100 Lee Wagener Blvd., Suite 205, Fort Lauderdale, Florida 33315
(“Tour Operator”), and your booking agent, (“Authorized Agent”) agree to
provide the air transportation, and amenities and services specified in
your confirmation subject to the terms, conditions and limitations
contained in this Agreement.
3.
RESERVATIONS: To reserve space, you must make a reservation
accompanied by payment in the appropriate amounts, payable to your
Authorized Agent or Tour Operator’s escrow account. Reservations must be
received by the Authorized Agent/Tour Operator. The Authorized Agent/Tour
Operator will process each reservation on a first come, first serve basis
as established by their order of receipt. Reservations paid by cash, money
order or certified check will be held for five (5) days. If payment
is not received by the end of the fifth day, the reservation will be
cancelled. With your approval and authorization, the payment will be
held and your name placed on a waiting list in case confirmed passengers
cancel their reservations.
4. PAYMENT &
FINANCIAL PROTECTION: You hereby agree to confirm payment in full at the
time of submitting your reservation. Your payment is escrowed with the
National City Bank of the Midwest at 755 West Big Beaver Road, Suite 1400
Troy, Michigan 48084. Your payment is also protected by a Surety Bond. Any
participants’ claim against this Surety Bond must be filed in writing
within sixty (60) days after the date (or intended date) of operation of
the return flight with the Tour Operator; and if party is unavailable,
with National City Bank of the Midwest. Upon expiration of this sixty (60)
day period, National City Bank of the Midwest is automatically released
from any liability to the participant under the Surety Bond except as to
claims that have already been properly filed.
5. NOTICE TO PERSONS
UNDER AGE 21: State laws prohibit persons under the age of 21 from
consuming alcoholic beverages. Any trip participant under age 21 will not
be permitted to engage in these activities.
6. CHANGES AND
CANCELLATIONS: If you cancel your trip (or change your
departure date, length of stay, or class of service), the below charges
will apply.
Penalties: Charge
is per person, cancel penalty is 100%, change penalty is $50. Trip
must be cancelled before departure date to retain value for use at a later
time. A fee will apply for rebooking. If the original class of
service is not available at time of rebooking you must pay the difference
in the original fare paid to the new fare. tickets will not be
refunded if a lower fare class is available on a new travel
date.
7. CANCELLATIONS BY
AUTHORIZED AGENT/TOUR OPERATOR: Authorized
Agent/Tour Operator reserves the right to cancel your trip at any time
prior to scheduled departure for any reason. You will be notified in
advance. The notice will be in writing and provided within seven (7) days
of cancellation, but no later than ten (10) days before the scheduled
departure date. A full refund will be made within fourteen (14) days after
such cancellation. Authorized Agent/Tour Operator will not cancel a trip
less than ten (10) days before departure, except for circumstances that
make it physically impossible to perform the trip. If such circumstance
occurs, Authorized Agent/Tour Operator will notify you as soon as possible
and if the trip is canceled, Authorized Agent/Tour Operator will refund
all monies within fourteen (14) days.
8. MAJOR
CHANGE: You may cancel within seven (7) days after receiving
notification of a major change (but in no event later than departure) and
receive a full refund within fourteen (14) days thereafter. A major change
is as follows:
A change in the
departure or return date unless the change results from a flight delay
experienced by the air carrier, although, a delay of longer than
forty-eight (48) hours will automatically be considered a major change;
A change in the origin or destination city;
If a major change occurs, Authorized Agent/Tour
Operator will notify you within seven (7) days after learning of the
change, but at least ten (10) days before scheduled departure. If
Authorized Agent/Tour Operator first becomes aware of a major change less
than ten (10) days before scheduled departure, Authorized Agent/Tour
Operator will notify you as soon as possible. If a major change occurs in
a public charter after departure of your outbound flight which you are
unwilling to accept, Authorized Agent/Tour Operator will refund within
fourteen (14) days after your scheduled return day, that portion of
payment which applies to the services not provided.
9. AIR
TRANSPORTATION: Flights will be operated via chartered service
of Xtra Airways. The airline supplies the air transportation subject
to all applicable U.S. regulations. The Authorized Agent/Tour Operator
reserves the right to substitute another duly-licensed air carrier and/or
change aircraft type, capacity and routing and does not guarantee non-stop
or single plane services. No refund will be given for such substitution or
changes. Additionally, subject to the provision of this Agreement
governing “Major Change”, Authorized Agent/Tour Operator reserves the
right to change the form of air services from charter flight to scheduled
flight and vice-versa. Consumer protection in this Agreement afforded
public charter passengers will apply only to passengers who travel on a
public charter flight. Passengers who travel on a scheduled service will
receive only the consumer protection applicable to scheduled
service.
10. BAGGAGE:
The direct air
carrier limits liability for loss or damage to personal luggage to the
actual value of such baggage, but not more than $1,250.00 per person for
checked or unchecked baggage. The Authorized Agent/Tour Operator cannot be
responsible for lost or damaged luggage. This limit will apply
unless an excess valuation is declared at the time of check-in.
Damaged soft-sided luggage is not covered by this liability. All
lost or damaged luggage must be reported to the airline at time of
incident and before you leave the airport.
11.
RESPONSIBILITY: The Tour Operator acts as the principal and is
responsible for making arrangements with the Authorized Agent, therefore,
you agree that unless the Authorized Agent/Tour Operator is negligent,
they are not responsible to you for any claims, losses, damages, costs or
expenses arising out of your injury or death, damage, loss of, or delay of
your baggage, or other property; or delay, inconvenience, loss of
equipment, or frustrations, whether physical or mental, resulting from the
following:
The act or omission of any person or firms supplying
your charter services.
Mechanical breakdown, government actions, strikes,
weather, acts of God or other factors and causes beyond the Authorized
Agent/Tour Operator control of your charter services.
Your failure to follow instructions, including but
not limited to, check-in and baggage handling.
Authorized Agent/Tour Operator may refuse to accept
or retain you as a participant at any time whenever Authorized Agent/Tour
Operator, in its sole judgment, conditions warrant, in which case
appropriate refunds will be made.
12. TICKET AND
VOUCHERS: Once presented to the passenger, the safekeeping of
airline tickets, vouchers and other travel documents shall be the
passengers’ responsibility. Authorized Agent/Tour Operator is not
responsible for the loss or theft, misplacement, nor for additional
expenses incurred through the loss, theft or misplacement of the
documents. The passenger’s failure to possess necessary tickets may result
in the denial of boarding without the right to alternate transportation or
refund. SkyValue assumes no responsibility for any passengers making
independent connections to/from our flights.
13. REFUNDS:
Any refunds due you
will be made as soon as possible. Please note, however, that no refunds
will be made for any services provided in the itinerary that you do not
use. Refunds (if applicable) for air programs must be issued upon the
return of the unused ticket. SkyValue bookings made through travel agents
must be handled by the travel agent including communications prior to your
departure, payment and refund transactions. If a paper ticket is issued
and for any reason should you lose your airline ticket, you will have to
purchase a new ticket at your own expense and upon your return home, you
must contact your travel agent to begin refund procedures by completing a
“Lost Ticket Application” (fees may apply). Any refunds made by the
airline will be based on the value of the original ticket issued less any
airline processing fees. In most cases the replacement ticket you have to
purchase will be more expensive.
14.
MISCELLANEOUS: Authorized Agent/Tour Operator reserves the right to
amend this Agreement without notice to the participant so long as such
amendment is in compliance with applicable government regulations. The
acceptance by the participant of a refund offered under this Agreement
shall constitute a waiver of any other rights and
remedies.
Please understand that we cannot control and will not
be responsible for such factors as weather, government actions, terrorism,
mechanical breakdowns, your physical, medical or mental disabilities, your
failure to obtain valid travel documents or your failure to follow travel
instructions.
SkyValue is not responsible for losses or damages
arising from bodily or emotional injury, property or other economic damage
caused by factors beyond our control. SkyValue is not responsible for
bodily, emotional or consequential damages or monetary losses due to
flight delays, airline turbulence, transportation accidents or other
unforeseen circumstances.
All prices and features described herein (as well as
in SkyValue's website) are subject to change without notice.
6. HANDICAPPED FACILITIES: SkyValue does not
guarantee the availability of wheelchairs at any airport.
Print Name:_____________________________ Date of
Birth (optional):________________
Signature:______________________________
Print Name:_____________________________ Date of
Birth (optional):________________
Signature:______________________________
Print Name:_____________________________ Date of
Birth (optional):________________
Signature:______________________________
Print Name:_____________________________ Date of
Birth (optional):________________
Signature:______________________________
Print Name:_____________________________ Date of
Birth (optional):________________
Signature:______________________________
Print Name:_____________________________ Date of
Birth (optional):________________
Signature:______________________________
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