Conditions of Carriage

Conditions of Carriage

Date Issued: 20-Jun-2017
Version: 23
  1. Introduction
  2. General Information
    1. Definitions
    2. Elite Airways Acting As Agent for Another Airline
    3. Waiver/Modification of Terms
    4. Specific Fares and Charges
    5. Use of Radios, TVs and Other Electronic Devices On Board Aircraft
    6. Claims Notification
    7. Applicable Law
    8. Liability For International Travel
    9. Our Customer Commitment
  3. Acceptance of Customers
    1. Refusal to Transport
    2. Customers with Disabilities
    3. Transporting Disabled Personnel
    4. Passengers with Portable Oxygen Concentrators
    5. Complaint Resolution
    6. Accompanied Children
    7. Unaccompanied Minors
    8. Service Animals
  4. Cancellation of Confirmed Reservations
    1. Failure to Use Flight Coupons
    2. Pre-Assigned Seats
  5. Tickets
    1. Ticket Validity
    2. Altered, Mutilated, and Invalid Tickets
    3. Transferability of Tickets
  6. Check-In
  7. Fares
    1. General
    2. Additional Collection
    3. Connecting Flights
    4. Stopovers
    5. Routings
    6. Rerouting When Allowed
    7. Children's Fares
  8. Refunds
    1. Voluntary
    2. Involuntary
    3. Overcharges
    4. Refund Audits
  9. Delayed and Canceled Flights
    1. Elite Airways' Responsibility for Schedules and Operations
    2. Notification
    3. Extended Onboard Ground Delays
    4. Rebooking
    5. Alternate Transportation
    6. Amenities/Services for Delayed Customers
  10. Denied Boarding
    1. Voluntary
    2. Involuntary
    3. Transportation for Customers Denied Boarding
    4. Compensation for Flights Within the Continental United States
    5. Compensation for International Flights
    6. Waiver of Payment of Compensation
    7. Free Air Transportation as Compensation for travel
  11. Baggage
    1. Baggage Allowance
    2. Carry-On Baggage
    3. Conditions of Acceptance
    4. Conditions for Acceptance of Special Items
    5. Transporting Wheelchairs and Scooters
    6. Military Baggage
    7. Restricted Articles
    8. Baggage Claim Limits and Procedures (Domestic)
    9. Baggage Claim Limits and Procedures (International)
  12. Miscellaneous Provisions
  13. Customer Responsibility for Passports and Visas

  14. Customer Complaints

      Appendix A: Elite Airways Tours Packages

 

  1. Introduction

    This document summarizes the general terms of transportation applicable to transportation of customers and their baggage onboard all domestic and international Elite Airways flights. Domestic and international air transportation is also governed by Elite Airways' tariffs on file with applicable government authorities, including the U.S. Department of Transportation. These terms and all applicable tariffs constitute the conditions upon which Elite Airways transports customers and their baggage. Travel on Elite Airways shall be deemed acceptance by the customer of Elite Airways' terms of transportation.

    Since other airlines may have different contracts of carriage (terms of transportation), that information must be obtained directly from the individual airline.

    CONSEQUENTIAL DAMAGES: PURCHASE OF A TICKET DOES NOT GUARANTEE TRANSPORTATION.

    Elite Airways SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR DELAY IN PERFORMANCE OF, OR FAILURE TO PERFORM, TRANSPORTATION OF CUSTOMERS AND OTHER SERVICES INCIDENTAL THERETO (EXCEPT BAGGAGE LIABILITY AS PROVIDED BELOW) WHETHER OR NOT Elite Airways HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

    Elite Airways' TERMS OF TRANSPORTATION ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE. THE MOST UP-TO-DATE VERSION IS AVAILABLE ON THE Elite Airways WEB SITE (ELITEAIRWAYS.COM).

  2. General Information

    1. Definitions:

      Checked Baggage: Any property of a customer, which is accepted for transportation and delivered into the custody of Elite Airways whether checked in the cargo compartment or carried in the cabin of the aircraft.

      Connecting Flight: Requires customers to change aircraft at an intermediate point for the continuation of their trip to their destination.

      Direct Flight: Flight does not require a change of aircraft from point of origin to destination but makes one or more planned intermediate stops en route to customer's final destination.

      Domestic Carriage: Any carriage other than that specifically defined as International Carriage.

      Interline: Travel involving two or more airlines.

      International Carriage: Any carriage in which the place of departure or the place of destination are not located within the United States.

      Nonstop: Flights scheduled to depart from origin and arrive at destination without any planned intermediate stop en route.

      Personal Item: Any property of a customer which is accepted for transportation in the cabin of the aircraft and which is not checked into the custody of Elite Airways.

      Ticket: The customer ticket and baggage check, or in the case of electronic tickets, the confirmation letter, associated notices and boarding pass, into which these terms of transportation are incorporated by reference.

      Special Drawing Right (“SDR”): A unit of currency, the value of which fluctuates and is recalculated each banking day. These values are known to most commercial banks and reported in some newspapers. This unit is sometimes used for International standards.

      Validated Ticket: A ticket that has been purchased (through direct payment or other satisfactory credit arrangement), including electronic tickets, and/or carries the identification stamp of Elite Airways or another airline whose tickets Elite Airways accepts.

    2. Elite Airways Acting As Agent for Another Airline

      Elite Airways will be responsible for the furnishing of transportation only over its own routes. When Elite Airways issues a ticket, checks baggage or makes any other arrangements involving another airline, Elite Airways acts only as agent for such other airline and assumes no responsibility for the acts or omissions of the other airline.

    3. Waiver/Modification of Terms

      No employee of Elite Airways has the authority to waive, modify, or alter any provisions of these terms of transportation or any applicable fares/charges unless authorized by a corporate officer of Elite Airways. Elite Airways-appointed agents and representatives are only authorized to sell tickets for air transportation on Elite Airways pursuant to the terms of transportation and applicable fares/charges of Elite Airways.

    4. Specific Fares and Charges

      Information on specific fares and charges is available through any authorized Elite Airways agent and on the Elite Airways web site (eliteairways.com).

    5. Use of Radios, TVs and Other Electronic Devices On Board Aircraft

      In order to avoid disturbances to the aircraft's electronic navigational equipment, tablets, entertainment players, portable computers, cellular telephones and other portable electronic devices must be turned off for taxi, takeoff and landing. Use of these items in "Airplane mode," however, is permitted in flight unless otherwise restricted by Elite Airways flight crewmembers. Items which may not be operated at any time inside the aircraft include: TV receivers, remote controlled toys, and radio transmitters.

      Cellular phones may be used in transmittal mode inside the cabin on most flights while the aircraft is parked at the gate and the aircraft doorway is open, and after landing while taxiing to the gate, as advised by the flight crew. Cellular phones may not be used while taxiing from the gate, or during takeoff or landing. At the captain's discretion, cellular phones may be used during extended onboard ground delays.

    6. Claims Notification

      Elite Airways reserves the right to reject any claims (except for injury or death) which have not been submitted to Elite Airways in writing within 60 days from the final date of travel. Special rules apply to baggage, as detailed in Section XI.

    7. Applicable Law

      These terms of transportation shall be interpreted and enforced according to the laws of the State of Nevada.

    8. Liability for International Travel

      International travel on Elite Airways is subject to the rules relating to limitations of liability and all other provisions of the Warsaw or Montreal Conventions as amended.

    9. Our Customer Commitment

      Elite Airways has voluntarily established a program setting standards for service levels in the areas of fares, flight information, baggage, ticket purchase and refund, customers with special needs, onboard delays, oversales (overbooking), and complaint resolution. These commitments are incorporated into the applicable sections within this document.

      Elite Airways has committed to:

       

      • Offer the lowest fare for which the customer is eligible.
      • Provide customers with accurate, timely information on flight delays or cancellations.
      • Provide timely baggage delivery.
      • Comply with the required lost-baggage liability limits.
      • Clearly disclose policies for customers with special needs.
      • Improve handling of long onboard delays.
      • Supply basic information and policies about "oversold" flights.
      • Respond promptly to complaints or requests for information.
  3. Acceptance of Customers

    1. Refusal to Transport

      The Company makes available for public inspection at all of its passenger loading gates and ticket counters, its written procedures for making determinations regarding refusal to transport a passenger needing assistance.

      1. Overview

        Elite Airways will not refuse transportation to a customer on the basis that, because the customer may need the assistance of another person to move expeditiously to an exit in the event of an emergency unless his or her transportation would or might be inimical to safety of flight.

        Elite Airways may refuse to transport, or remove from any flight, any passenger for the following reasons:

         

        • Compliance with government requisitions of space.
        • Action necessary or advisable due to weather or other conditions beyond the Company's control (including, without limitation, acts of God, labor disturbances, strikes, civil commotion, embargoes, war, hostilities, or disturbances) actual, threatened or reported.
        • The passenger's refusal to permit a search of person or property for explosives, deadly or dangerous weapons, articles or substances.
        • The passenger's refusal to produce positive identification for verification purposes.
        • The passenger has in the past not complied with the Company's rules, disrupted the Company's operations or abused the Company's employees.
        • The only seat that will accommodate a person's handicap is an exit seat.
        • The passenger's conduct is disorderly, abusive or violent; or the passenger appears to be intoxicated or under the influence of drugs.
        • Attempts to interfere with any member of the flight crew.
        • The passenger appears to be mentally deranged or incapacitated.
        • Engages in any action that might jeopardize the safety or comfort of other passengers.
        • The passenger is barefoot; is unable to sit upright in a seat with the seatbelt fastened or requires a stretcher; is known to have a contagious disease that would be transmissible during the normal course of flight; or has an offensive odor, such as from a draining wound.
        • The passenger is a prisoner in the custody of law enforcement personnel, but without the required minimum number of armed escorts appropriate to the identified risk or, the prisoner is being transported with leg-irons.
        • The passenger requires constant oxygen or other life support equipment. The passenger is pregnant and expecting delivery within 7 days, unless the Company is provided a doctor's certificate, dated within 72 hours of departure, stating that the doctor has examined and found the passenger physically fit for air transportation. With letter, passenger within 7 days of due date will be accepted for flight segments of one hour or less.
        • The passenger is an infant seven days or less in age or is an infant requiring incubator or other life support systems.
        • The passenger is unaccompanied and is both blind and deaf, unless such a passenger is able to communicate with representatives of the Company by either physical, mechanical, electronic or other means. Such passenger must inform the Company of the method of communication to be used.
        • The passenger age, mental or physical condition, disability or impairment is such that the passenger would need excessive or unusual assistance in the event of an emergency or to take care of their physical needs in flight, unless the passenger is accompanied by a ticketed, competent attendant who will be responsible for caring for the passenger.
        • The passenger fails to comply with the 48-hour advance notice requirement.
        • Persons who are unable to occupy a seat in the full upright position with the seat belt fastened
        • Person whose conduct is or has been known to be disorderly, abusive, threatening, intimidating or violent
        • Persons whose travel documents, in the opinion of Elite Airways, are not in order
        • Persons whose entry into, transit through, or embarkation from the United States or any foreign point would be unlawful
      2. Procedures

        Elite Airways requests a 48-hour advance notice for the following services:

         

        Elite Airways will make available at all of its passenger loading gates, its written procedures for making determinations regarding refusal to transport passengers. Upon request of the FAA for a change in procedures or policy to this section, Elite Airways shall institute the change and provide to the FAA the revision within 10 days

        • Provision by the carrier of hazardous materials packaging for a wheelchair battery or other assistive device.
        • Accommodation for a group of ten or more qualified individuals with a disability, who make reservations and travel as a group.
        • Provision for a required traveling attendant or accommodation of a traveling attendant who can provide assistance with aircraft ingress and emergency egress to paying passenger.
    2. Customers with Disabilities

      Elite Airways' policies and procedures comply with the U.S. Department of Transportation regulation, "Nondiscrimination on the Basis of Disability in Air Travel" (14 CFR Part 382). Provisions within this regulation include, but are not limited to:

       

      • Onboard wheelchairs on larger aircraft.
      • Transportation of personal wheelchairs and other assistive devices.
      • Special seating accommodations for customers with physical disabilities or those traveling with a personal care attendant or service animal (advance notice required).
      • Assistance in boarding and deplaning.
      • Assistance in loading and retrieving personal items.
      • Information concerning facilities and services available for customers with disabilities.
      • A Complaints Resolution Officer at our Corporate Headquarters to respond to issues surrounding customers with disabilities.
    3. Transporting Disabled Personnel

      1. Check-In

        Disabled passengers (mobility, vision, or hearing impaired) can check in up to two hours in advance of scheduled departure time and request special seating. Inform the Elite Airways agent or flight attendant of any special assistance associated with your disability that you may require. Movable armrests may be helpful for mobility challenged passengers, so ask the agent to accommodate you in a seat with this feature if it's available. If you're traveling with a companion who will be assisting you, ask the agent to ensure that your companion's name is listed in your reservation and that they are seated next to you. However, in any case, mobility disabled persons must arrive at the airport at least one hour prior to scheduled departure of your flight.

      2. Boarding the Aircraft

        If you need extra time to board the aircraft or assistance with reaching your seat, please inform an Elite Airways gate agent or flight attendant. Special boarding chairs are available to assist physically challenged passengers through the boarding process. Remember to provide clear instructions to personnel regarding how you wish to be lifted. You will be pre-boarded through the aircraft main cabin door.

      3. Deplaning the Aircraft

        Mobility disabled customers are deplaned at the main cabin door upon arrival at your destination. If you require additional wheelchair assistance at your destination or transfer point, please notify a flight attendant at least 45 minutes prior to arrival.

        Please note: airport wheelchairs are in great demand during peak travel times.

    4. Passengers with Portable Oxygen Concentrators

      Portable Oxygen Concentrators (POCs) are small, portable devices that work by separating oxygen from nitrogen and other gasses in the air and providing the user with oxygen at a concentration of more than 90 percent. The POCs operate using either rechargeable batteries or aircraft electrical power. POCs briefly store a small quantity of oxygen until the POC either 1) senses the user's inhalation and dispenses the oxygen (pulse technology), or 2) delivers the oxygen in a continuous flow to the user. Most POCs are not considered hazardous materials by the Pipeline and Hazardous Materials Safety Administration (PHMSA), formerly the Research and Special Programs Administration (RSPA). They do not require the same level of special handling as compressed oxygen and are safe for use onboard aircraft if certain conditions for their use are met. Elite Airways will accept at no charge, FAA Approved Personal Oxygen Concentrators (POCs) for carriage and use on board the aircraft, subject to the customer satisfying the requirements outlined below.

      Elite Airways will accept only current and future POCs that are FAA approved and meet RTCA standards (Radio Technical Commission for Aeronautics), which ensure that the devices do not cause interference with the electrical, navigation, or communication equipment on our aircraft.

      NOTE: Oxygen "purifiers" are not the same as Portable Oxygen Concentrators. Oxygen purifiers cannot be used onboard aircraft.

      1. Customer Responsibilities

        Customers who choose to use POC's on Elite Airways flights should contact the Elite Airways stations manager (321-265-5100) in advance (though not required) for information and to verify requirements.

        Customers using a POC must satisfy all of the following requirements:

        NOTE: When connecting to or from any airline other than Elite Airways, the customer is responsible for making independent arrangements directly with the other airline. The company agent should verify that the customer is aware of this responsibility, but should not deny boarding on Elite Airways flights for this reason.

        • Notify a Company ticket representative of intention to use the POC on board an Elite Airways flight at the time of flight check-in;
        • Ensure that the POC is free of oil, grease, or other petroleum products and is in good condition free from damage or other signs of excessive wear or abuse;
        • Ensure that all portable oxygen concentrator batteries carried onboard the aircraft in carry-on baggage are protected from short circuit and are packaged in a manner that protects them from physical damage. Batteries protected from short circuit include: (1) Those designed with recessed battery terminals; or (2) those packaged so that the battery terminals do not contact metal objects (including the battery terminals of other batteries). When a battery powered oxygen concentrator is carried onboard aircraft as carry-on baggage and is not intended to be used during the flight, the battery must be removed and packaged separately unless the concentrator contains at least two effective protective features to prevent accidental operation during transport.
        • Must have a written statement from their doctor that includes the following information:
          • The user has the ability to see/hear/understand the device's aural and/or visual warnings and is able to take appropriate action;
          • Whether the use of the POC is medically necessary for all or only a portion of a flight;
          • Maximum oxygen flow rate considering the air pressure in the cabin under normal operating conditions;
          • The duration of the expected use of the POC in hours and minutes.
          • Know the scheduled flight time, which is available from the Elite Airways website, reservations office, or travel agencies, and have enough batteries to power the unit for the scheduled flight time plus an additional three hours to account for possible delays on the flight or connecting flights;
          • Be aware that only lotions or salves that are oxygen approved may be used by persons using a POC;
          • Know how to and be able to operate the unit, or travel with a companion who understands how to operate the unit. Flight crews will not operate the unit for customers
    5. Complaint Resolution

      Customers who have complaints about the handling of a customer with a disability may discuss the issue with the local Complaints Resolution Official, contact Elite Airways' Office of Customer Relations (see section XIII), or contact the Department of Transportation.

      U.S. Department of Transportation
      Aviation Consumer Protection Division 400 Seventh Street, S.W.
      Washington, DC 20590

    6. Accompanied Children

      Children less than 5 years of age must be accompanied on all flights and in the same compartment with an adult at least 18 years of age. Children under 12 years of age are accepted for transportation when accompanied on the same flight by a customer at least 18 years of age.

    7. Unaccompanied Minors

      Children 5 to 13 years of age who are not accompanied on an aircraft by a parent, legal guardian, or someone who is at least 18 years of age, are considered unaccompanied minors (UM) and are subject to specific restrictions.

      Unaccompanied Minors are the direct responsibility of the lead flight attendant (FA1). FA1 will ensure that the UM reaches his or her destination and FA1 will meet the predetermined responsible party or gate agent with all appropriate documents.

       

       

      1. Restrictions for Unaccompanied Minors

        • Unaccompanied minors can only travel on nonstop flights. Elite Airways does not offer unaccompanied minor service to or from any other airlines or with connecting flights.
        • Children younger than 5 years of age will not be accepted for unaccompanied travel.
        • On the CRJ 100/200, no more than 8, and on the CRJ 700, no more than 12 unaccompanied minors will be accepted for travel per flight.
      2. Station Procedure

        Prior to accepting an unaccompanied minor on an Elite Airways flight, the gate agent will verify that all applicable portions of the Unaccompanied Minor Form (SOM Form 0019) have been completed by parent or guardian.

    8. Service Animals

      Elite Airways will permit dogs and other service animals to accompany a person with a disability in the cabin of certain aircraft. A service animal is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Elite Airways may request identification or other evidence that an animal is a service animal.

  4. Cancellation of Confirmed Reservations

    All reservations (including those for seats on continuing and return flights) are subject to cancellation without notice:

    Where there is a record that a reservation was canceled (either by Elite Airways as stated above or by the customer) after a ticket for a confirmed seat was issued, the ticket may not be accepted for the flight specified. In that event, the customer will not be eligible for denied boarding compensation.

     

     

     

    1. If the customer has not purchased (through direct payment or other satisfactory credit arrangement) a validated ticket or completed an electronic purchase providing for confirmed seat(s) at least 60 minutes prior to scheduled departure of the flight or earlier, unless a greater time limit is specified.
    2. If the customer fails to fulfill the requirements of the fare type to which the reservation applies.
    3. If the customer is not present at the boarding gate or on the aircraft at least 20 minutes prior to scheduled departure time of the flight.
    4. If the customer fails to occupy the seat reserved (for example, a no-show). A no-show on the first leg of a round trip results in cancellation of the entire itinerary.
    5. If such action is necessary to comply with any governmental regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond Elite Airways' control.
    6. If Elite Airways refuses to transport the customer for any of the reasons stated in Section III above.
    7. Failure to Use Flight Coupons

      A customer who, due to a cancellation or delay of a flight, or a voluntary change, does not fly a segment of his or her itinerary must notify Elite Airways of any alternate travel plans prior to the originally scheduled flight departure to avoid cancellation of remaining segments. Depending on the changes made and the ticket issued, additional charges, including a change fee, or refunds may apply.

    8. Pre-Assigned Seats

      Seats assigned in advance are not guaranteed and form no part of the contract of carriage. Seat assignments may be subject to change and/or may be released for reassignment.

  5. Tickets

    1. Ticket Validity

      If a refundable ticket is not used for the flights and dates purchased, the value of the ticket, less any applicable fees, can be applied towards the purchase of another ticket, for one year from the date of issue as indicated on the ticket. All travel must be completed within one year from original date of ticket issuance. All tickets will expire within one year of original date of ticket issuance.

      Unless otherwise specifically provided by the governing fare tariff, wholly unused nonrefundable tickets are valid and may be changed for one year from the date of issue, provided the customer has notified Elite Airways on or before the scheduled departure date if they do not plan to fly as ticketed due to a voluntary change, subject to any applicable fees. Partially used nonrefundable tickets are valid for one year from the date of issue, provided any voluntary changes are made and the ticket reissued on or before the scheduled date of departure, subject to any applicable fees. All travel must be completed within one year from original date of ticket issuance for both partially and wholly unused nonrefundable tickets. All tickets will expire within one year of original date of ticket issuance. Except as stated above, all nonrefundable tickets have no further value once the scheduled date of departure for any ticketed segment has passed and the customer has failed to travel on such ticketed segment, other than due to an oversale, a cancellation, or a delay of the ticketed flight by the carrier. All unflown segments of such tickets are invalid and may not be applied toward the purchase of another ticket.

    2. Altered, Mutilated, and Invalid Tickets

      A ticket which has not been validated or which has been altered is not valid. Flight coupons presented out of sequence may not be honored, except as provided in section IV above. Flight coupons presented without the corresponding customer receipt may not be honored.

      Tickets are valid for travel only when used in accordance with all terms and conditions of sale.

      Elite Airways specifically prohibits the practices commonly known as:

       

      Where a ticket is invalidated as a result of the customer's non-compliance with any term or condition of sale, Elite Airways has the right in its sole discretion to:

       

      • "Back-to-Back Ticketing" - the combination of two or more round-trip excursion fares for the purpos