SkyValue Terms & Conditions THE ACCEPTANCE OF YOUR TRAVEL DOCUMENTS CONSTITUTES ACCEPTANCE OF AN AGREEMENT TO THIS CONTRACT. Thank you for choosing a SkyValue ("Operator") charter air reservation. To ensure that you understand the conditions of your particular reservation, please read the following policies and procedures completely. A signed operator/participant contract is required for each charter air passenger with payment. All policies and procedures, including dollar amounts, in this contract are subject to change at any time without notice at the sole discretion of SkyValue. This contract includes very important information to the passenger ("Participant") from CFIRSTCLASS CORP dba SkyValue USA the ("Operator"). Payment by the participant for an air reservation shall represent consent and acknowledgment of all provisions in the condition list as published in this contract. All checks and money orders must be made payable to our depository bank, "National City Bank of the Midwest" or to your travel agent, who in turn must make their check payable to the depository account at the bank. The charter price, as indicated on your air itinerary, includes a charter flight as well as all applicable air fare taxes and fees. Reservations: Air only bookings made electronically on the website require full payment at time of booking. Groups: If you are traveling as part of a group of 10 or more adults, different deposit, payment and cancellation policies may apply. Please contact the Group Department at 866-796-6117. Charter Cancellations & Changes: There is a $50 per person fee for any date change, including name substitutions, once initial payment has been received by the Operator.  Once travel document is issued cancellations must take place before departure date.  In order to retain the value of the ticket for use at a later time.  A fee will apply.  Baggage: Baggage allowance is 50 pounds per bag (two bags maximum, plus one carry-on not to exceed 45 inches in combined overall dimensions) per paying passenger for all trips. Limitations on checked baggage (not to exceed 50 pounds per bag) may apply during peak travel seasons. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and at additional charges by the carrier. The air carrier's liability excludes cloth, canvas, vinyl, and soft-sided, or fragile baggage, jewelry, cameras, and photographic equipment, electronic equipment, cash, medicine, sporting equipment, and other valuable or fragile items. All claims are subject to proof of amount of loss, and, to preserve the passenger's rights, should be presented directly to the carrying airline in writing immediately upon discovery of the claim and prior to leaving the airport terminal. No baggage claim will be accepted after baggage has been removed from the terminal building at the airport. Golf Clubs or sporting equipment can be classified towards clients "free" baggage allowance. Oversized/nonstandard checked baggage (i.e. surfboards, etc.) will be carried based on space availability on the aircraft. Additional charges will only apply once the free baggage allowance has been exceeded by each passenger. (i.e. 2 checked pieces, not to exceed 50 lbs per bag). Additional baggage charge is $50 per bag; excess weight charges are $25 each (51 to 70 pounds) and $65 each (71 to 100 pounds). Over 100 pounds is considered Cargo. SkyValue does not accept baggage that is considered Cargo. The Operator accepts no liability for any claims related to baggage. Baggage, Interim Expenses: SkyValue/XP will not pay any interim expenses during the first 24 hours in the case of delayed baggage.  If under extraordinary circumstances, the passenger requires interim expense money (for clothing, tools, medicine, etc.) during the first 24 hours, such payment will be made upon management approval only.  Interim expenses are not paid if the passenger resides at a locality near the origination airport. Baggage, Claims: In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by SkyValue/XP unless preliminary notification of such claim is presented to SkyValue/XP within 4 hours after arrival of the flight on which the loss, damage, or delay is alleged to have occurred.  Thereafter, SkyValue/SP will consider such claim only upon written notice from the climant submitted to SkyValue/XP no later than 21 days after the occurrence of the event giving rise to such claim.  SkyValue transportation is ticketless and therefore not endorsable to other airlines: Any SkyValue/XP issued itineraries shall not be valid for travel on any other airline.  SkyValue/XP itineraries are only valid for transportation on XP. Transferability of Ticketless Itineraries: SkyValue/XP ticketless itineraries are not transferable. Sporting Equipment Bicycles Non-motorized Bicycles, will be accepted as checked baggage at no additional charge provided the limit of two checked bags is not exceeded; the bicycle is properly packaged; and the box containing the bicycle fits within the 62-inch sizing limit and does not weigh more than 50 lbs. (The maximum weight is 50 pounds and the maximum size is 62 inches (length + width + height) per checked piece of luggage). Handlebars, kickstand, and pedals must be removed and placed inside the box. A $50.00 each-way charge applies to bicycles that don’t meet the above criteria. Bicycles packaged in a cardboard box or soft-sided case will be transported as a conditionally accepted item.   Golf Clubs Golf Clubs that are in a hooded or soft-sided golf bag will be accepted on a conditional basis. Golf clubs that are transported in a hard, plastic travel case should be tagged with a regular tag. Golf equipment includes golf clubs, golf balls, and golf shoes, contained in one bag. Golf equipment will be included in the free baggage allowance of two pieces. Should this limit be exceeded, excess baggage fees will apply.   Scuba Equipment Scuba eqiupment will be transportated on a conditional basis as checked baggage provided the SCUBA tank is verifiably empty and the valves are removed at the time of acceptance. SCUBA equipment includes masks, flippers, and a tank Scuba equipment will be included in the free baggage allowance of two peices. Should this limit be exceeded, excess baggage fees will apply.   Boogieboards Boogieboards may be checked in substitution of one piece of the free baggage allowance for each fare-paying passenger at no charge on a one-for one basis. Overweight charges may apply.   Windsurfing/Sail boards Windsurfing/Sail boards may be transported as checked baggage for a fixed charge of $50.00 each way. They must be transported with keel removed and placed in checked baggage to prevent damage to the sail, boom, and other baggage.   Surfboards Surfboards will be transported as checked baggage for a fixed charge of $50.00 each way. Keels and fins must be removed and placed in carryon or checked baggage to prevent damage to other baggage. Guns and ammunition Guns Customers are responsible for knowing and following the firearms laws of the state(s) that they will be traveling to and from. Our Customers must declare the gun to the Customer Service Agent at the ticket counter (no firearms will be accepted curbside) and prove that the firearm(s) chambers are free of ammunition and the magazine clip has been removed (when applicable). Paintball guns and BB guns are considered the same as all other firearms. Paintball guns are allowed in checked baggage and are not subject to the container requirements of firearms. Customers must declare the paintball gun to the Customer Service Agent at the ticket counter. Compressed gas cylinders are allowed in checked baggage or as a carryon only if the regulator valve is completely disconnected from the cylinder and the cylinder is no longer sealed (i.e. the cylinder has an open end). TSA Security Screeners must visibly ensure that the cylinder is completely empty and that there are no prohibited items inside. Firearms must be encased in a hard-sided, LOCKED container that is of sufficient strength to withstand normal handling, as follows: A firearm in a hard-sided, locked container may be placed inside a soft-sided, unlocked suitcase. A firearm placed inside a hard-sided, locked suitcase does not have to be encased in a container manufactured for the transportation of firearms. Only the Customer checking the luggage should retain the key or combination to the lock. No exceptions will be made. Firearms may be checked and will count toward the free baggage allowance for each fare-paying passenger. We allow multiple firearms to be transported inside one hard-sided case. SkyValue assumes no liability for the misalignment of sights on firearms, including those equipped with telescopic sights. Firearms are never allowed in carryon luggage. Ammunition Small arms ammunition for personal use (provided it is properly packed) is permissible in checked baggage only. The ammunition may be placed in the same container as the firearm and must be securely packed in cardboard (fiber), wood, or metal boxes, or other packaging specifically designed to carry small amounts of ammunition. When checking ammunition, Customers are limited to 11 pounds gross weight (ammunition plus container) per person. Magazines or clips containing ammunition must be securely packaged (placed in another small box or in a secure cutout in the carrying case, in order to protect the primer of the ammunition). Make sure guns are unloaded and definitely never transport a gun in your carryon baggage! Gunpowder (black powder) and primers or percussion caps are not allowed in checked or carryon baggage. Loose ammunition or loose loaded magazines and/or clips are not allowed. Paintballs must be packaged in a leak-proof container and will be conditionally accepted. Special Need Passengers: Operator has no control over the extent of wheelchair and supplemental oxygen accessibility features. Operator cannot guarantee the availability of wheelchairs or supplemental oxygen at any airport. Responsibility: The operator's and/or their agent's liability is limited. They act as agents for the Participant in relation to air travel. The Operator, and its parent, subsidiaries, and affiliates will not be responsible or liable for injury, personal injury, property damage, property and other losses, accident, delay or irregularity which may be caused either by reason or defect, through the acts or default of any company or person contracted in conveying passengers or in carrying out the arrangements of the flights, or as direct or indirect acts of God (such as storms, hurricanes, earthquakes), dangers of the sea, fire, breakdown of machinery or equipment, acts of governments or other authorities de jour or de facto, wars, hostilities, civil disturbances, strike(s), riots, theft, pilferage, epidemics, quarantines, medical or custom regulations, or from any other cause beyond the operator's control.  The Operator reserves the right to decline to accept any participant as a member of a flight, or to cancel a flight if necessary. The sole and exclusive responsibility and liability of any airline used in the Operator's programs shall be in accordance with and as limited by the contract of a carriage in the participant's ticket, the applicable tariffs, and the provisions of the Warsaw Convention. Independent Contractors: All transportation (the "services") provided in this reservation are furnished by independent contractors over which we exercise no control. The Operator makes no guarantees or warranties, express or implied, regarding any such services. This includes, but is not limited to flights. These flight inclusions/rates are based on inclusions/prices at print time and are subject to change without notice. The Operator will not be responsible or liable if any of the services described that cease to be available. Flights/Aircraft : For public charter participants, flights will be performed using Xtra Airways 737 aircraft. The air carrier and the Operator reserve the right to substitute other aircraft/airlines if necessary, including scheduled service. Single plane and nonstop service as well as flight times are not guaranteed. Meal and beverage service is at discretion of carrier and alcoholic beverages are generally not included.  Entire Agreement: In the event any paragraph of this agreement shall be declared invalid or void by any court, such declaration shall not invalidate the entire agreement and all other paragraphs of the agreement shall remain in full force and effect. The parties agree any claim or litigation arising out of or relating to this agreement, or the breach or validity thereof, shall be brought in Broward County, Florida, the location of SkyValue's corporate offices, and the governing law shall be the laws of the State of Florida. NOTE: Participant agrees that in the event that any civil proceeding, arbitration, mediation or action of any kind, is commenced by the participant against the Operator or any of its agents, affiliates, officers, assignees or employees, the limit on any damages (which includes but is not limited to damages, interest, court costs, attorney fees, expenses of litigation, and punitive damages) shall be the amount the participant paid the Operator for the trip which is the subject matter of this Terms and Conditions Agreement. Security Agreement: All payments received by the Operator for this trip are protected in part by a Standby Letter of Credit issued by National City Bank of the Midwest ("Bank"). Claims must be filed directly with the Operator and Bank or if the Operator is unavailable with Bank, Attention Travel Division, National City Bank of the Midwest, Travel Division, 755 West Big Beaver Rd., Suite #1400, LOC R-J40-14, Troy, MI  48084 within 60 days after completion of the trip. Otherwise, the Bank and the Operator shall be released from all liability to you. Conditions of Contract: As used in this contract “ticket” means this passenger ticket and baggage check, of which these conditions and the notices form part, “carriage” is equivalent to “transportation”, “carrier” means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage, “WARSAW CONVENTION” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable. Carriage hereunder is subject to the rules and limitations relation to liability established by Warsaw Convention unless such carriage is not “International Carriage” as defined by that Convention. To the extent not in conflict with the foregoing, carriage and other services performed by each carrier are subject to: (a) provisions contained in this ticket, (b) applicable tariffs, (c) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of the carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply. Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its agent. Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of its agents, servants and representatives of carrier and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives. Checked baggage will be delivered to the bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within 7 days from receipt, in case of delay, complaint must be made within 21 days from the date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation. This ticket is good for carriage for the dates booked, changes can be made by paying a change fee. Fares for carriage are subject to change without notice.  The fare for carriage hereundeer is not guaranteed until booking is paid.  Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetable or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping placed shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility to making connections. Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract. Carrier reserves the right to refuse carriage to any person who has acquired a ticket in violation of applicable law or carrier's tariffs, rules or regulations issued by the Carrier whose name is in the “Issued By” section on the Passenger Ticket and Baggage Check.