a. Service. The Service allows you to reserve seats (each, a “Seat”) in helicopter, as well as reserve the entire aircraft (a “Charter”) between the locations required.
b. Consideration. You may access the Service for free, but in order to reserve a Seat or Charter, you will have to pay a fare, as published on the Website, or as otherwise agreed upon between you and Adventure Air. You agree to these Terms of Service and EULA in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
c. Changes to the Terms of Service and EULA. The Service is owned by Adventure Air. Adventure Air reserves the right to revise the Terms of Service and EULA in its sole discretion at any time and without prior notice to you other than by posting the revised Terms of Service and EULA on the Service. Revisions to this Terms of Service and EULA are effective upon posting. The Terms of Service and EULA will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of the Terms of Service and EULA has been posted by Adventure Air to the Service constitutes your binding acceptance of such revised Terms of Service and EULA. Notwithstanding the preceding sentences of this Section 1.c, no revisions to the Terms of Service and EULA will apply to any dispute between you and Adventure Air that arose prior to the effective date of such revision.
a. Pre-existing Flights. The Website will display Seats available for sale on a number of Preexisting Flights (each, a “Pre-existing Flight”).
b. Requesting a Flight. If you do not see an available Seat at the time and destination you would like to fly, you may elect “contact us”, and fill the form.
c. Reserving a Flight. To reserve a Flight, you will need to provide your credit card information and a cell phone number and go through the steps necessary on the Website to complete your purchase. YOUR FLIGHT IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION E-MAIL FROM ADVENTURE AIR.
a. Fares. The fare for each Seat or Charter will be displayed on the Service. Fares are due and payable upon purchasing a Seat or Charter.
b. Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards or wire transfers. All monetary transactions on the Service take place in U.S. Dollars or in Costarican Colones.
c. Additional Fees. In the event that you are late for your Charter, there will be a charge of $250 per each 15-minute interval starting from 15 minutes after your scheduled departure time. Additional Fees may also apply for late operations, extraordinary FBO fees, catering requests, ground transportation requests and excess baggage.
Passengers must arrive 15 minutes prior to their scheduled departure time for all Flights. Flights may depart up to 5 minutes ahead of their scheduled departure time due to circumstances including, but not limited to, weather, temporary flight restrictions, airport congestion, airport curfews and pilot duty times. Aircraft will not wait for late passengers, and passengers who miss their Pre-existing and Crowdsourced Flights will forfeit the purchase price. Passengers who are late for Charters are subject to Additional Fees as described in Section 5.c. above. Passengers who are late for their Charter flights will forfeit the purchase price if they are more than 30 minutes late and the air carrier can no longer service the Flight due to the Aircraft availability and schedule.
a. Pre-existing Flights. (scheduled Helicopter Tours) You may cancel your Seat reservation(s) for a Pre-existing Flight by providing notice to Adventure Air more than 48 hours prior to the scheduled departure time of the Flight. You can cancel via email to firstname.lastname@example.org or calling Adventure Air to our toll free 1 (844)2246496. In the event of a cancellation pursuant to these terms, Adventure Air will refund the ticket. Adventure Air will not offer cash refunds for any cancellations. A cancellation made within 48 hours of flight time will result in a forfeiture of the full ticket fare.
b. Charters. Charters of an entire aircraft must be cancelled with the following notice: greater than 72 hours in advance of scheduled departure time of the Flight for helicopter and fix wing charters. You can cancel via email to email@example.com . In the event of a cancellation pursuant to these terms, Adventure Air will refund your money. A cancellation made within the required cancellation periods listed in subsections above will result in a forfeiture of the full Charter price.
From time to time, your Flight may be delayed due to weather, unforeseen mechanical issues, temporary flight restrictions, and airport congestion. If your flight is cancelled or delayed, you will be notified by Team Adventure Air via email or phone. In the event weather forecasts look unfavorable and our operators advise us there is a high probability of cancellations due to weather, Adventure Air shall endeavor to send notifications of weather delays or cancellations at least one hour prior to your departure time or no later than 10:00pm on the preceding night for flights scheduled to depart prior to 10:00am. However, weather conditions change rapidly and there may be circumstances where flights are canceled or delayed for weather or mechanical reasons up until the departure time.
In order to minimize the passenger impact of cancellations and delays due to weather, unforeseen mechanical events, temporary flight restrictions and airport congestion, Adventure Air may reassign you to a different aircraft than the type on which you originally purchased your ticket. If for any reason you decline to accept the alternate aircraft, Adventure Air will make the full refund. If Adventure Air has to move your flight to a time earlier than your scheduled departure time due to weather, unforeseen mechanical issues or Temporary Flight Restrictions and you are unable to make the newly scheduled flight, Adventure air will make the full refund.
One small carry on per person is allowed (20 lbs maximum), approximately the same size as a carry on bag on a commercial airline flight. Your luggage will be inspected for size and weight when you arrive to the Adventure Air Heliport. Golf Clubs are only permitted on Charter flights with prior notification and approval. Adventure Air reserves the right to disallow a bag or bags that exceed the maximum allowable weight or are deemed too heavy or large by the pilots operating the aircraft. In this case, Adventure Air can delivery the luggage to the traveler’s destination, at the traveler’s expense.
Pets under 20 lbs and placed in a carrier or on the passenger’s lap are permitted on Flights. Please notify Adventure Air in advance of all travel with pets and service animals by calling our toll free number 1(844) 2246496 or sending an email to firstname.lastname@example.org
Adventure Air may assign specific seats to passengers on Flights at the air carrier’s request based on the weight and size of the passenger and the aircraft.
Adventure Air may, in its sole discretion, refuse to transport or may remove from an aircraft at any point any passenger for one or several reasons, including but not limited to: (i) failure by the passenger to comply with the rules of these Terms of Service or disobeying specific instructions given by aircraft pilots in the interest of safety; (ii) conduct of the passenger that in the judgment of Adventure Air or the airline is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise inimical to the comfort of other passengers or to safety of the flight; (iii) appearance by the passenger that he/she is intoxicated or under the influence of drugs to a degree that refusal or removal may be necessary for the comfort and safety of the passenger, other passengers, or the flight crew.
The tickets of any passenger refused passage or removed enroute under the provisions of this Section 12 will be refunded to the passenger. Such a refund shall be the sole recourse of any Passenger refused passage or removed enroute. UNDER NO CIRCUMSTANCES WILL CARRIER BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE.
You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at Adventure air´s sole discretion. Adventure Air reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
You understand that by using the Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content from Adventure Air (collectively (including Third Party Materials), “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the Service, and rely upon any Content accessible through the Service, at your sole risk and that Adventure Air will not have any liability to you for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
You agree and understand that the Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you will not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that Adventure Air not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal, or other harmful messages or transmissions that you may receive as a result of using the Service.
The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of Adventure All rights not expressly granted by a party hereunder are expressly reserved.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Adventure Air or our employees any ideas then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Adventure Air, you agree that:
a. Adventure Air has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.
b. You irrevocably grant Adventure Air perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
You agree to indemnify and hold Adventure Air, and its members, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Content in the website.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Adventure Air OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, THE PACKAGE, OR SERVICE MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Adventure Air HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ADVENTURE AIR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO Adventure Air BY YOU IN THE PRECEDING 12 MONTHS OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. Adventure Air OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. Adventure Air MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT Adventure Air DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE Adventure Air FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU ACKNOWLEDGE THAT Adventure Air DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND Adventure Air WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. Adventure Air WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING ADVENTURE AIR’S SERVICES RESTS SOLELY WITH YOU. Adventure Air WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE Adventure Air FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN RISK. IN NO EVENT WILL ADVENTURE AIR, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE, PERSONS YOU MEET THROUGH THE SERVICE OR FLIGHTS YOU BOOK THROUGH THE SERVICE.
ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE Adventure Air AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
a. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND Adventure Air AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE EULA OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Adventure Air, to you via any other method available to Adventure Air, including via e-mail. THE ARBITRATION WILL BE ADMINISTERED BY THE COMMERCE CHAMBER ALTERNATIVE DISPUTE RESOLUTION CENTER LOCATED IN COSTA RICA IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT i. No Class Actions. YOU AND Adventure Air AGREE THAT YOU AND Adventure Air MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID. ii. Decision of the Arbitrator. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of Costa Rica in conducting the arbitration
b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Adventure Air seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this EULA by Adventure Air or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Adventure Air, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this EULA.
c. Claims. You and Adventure Air agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. Improperly Filed Claims. All claims you bring against Adventure Air must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Adventure Air may recover attorneys' fees and costs up to $5,000, provided that Adventure Air has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
e. Modifications. In the event that Adventure Air makes any future change to the Mandatory Arbitration provision (other than a change to Adventure Air’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Adventure Air’s Arbitration Notice Address, in which case this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this EULA.
f. Enforceability. If only Section 18.a.iii or the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to this EULA.
Your use of the website may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and courts located in Costa Rica, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
You can contact Adventure Air by email email@example.com or by toll free 1(844) 2246496
This Agreement sets forth the terms and conditions under which we, Fly Adventure Air, Liberia, Guardia, 5 miles from Daniel Oduber international Airport, the Charter Operator (Fly Adventure Air or Operator), in return for payment of the amount indicated as the total charter price, agree to provide you (Participant) a charter flight.
RESPONSIBILITY: Fly Adventure Air, as the charter operator and principal, is responsible to you for arranging and providing all of the services and accommodations offered in connection with these charter flights, provided, however, that in the absence of negligence on our part, we are not responsible for personal injury or property damage caused by an air carrier, hotel, or other suppliers of any of the services being offered in connection with the charter.
RESERVATIONS AND PAYMENT: Reservations may be made through the Fly Adventure Air email address firstname.lastname@example.org and full payment is made by credit card. Reserving a Flight. To reserve a Flight, you will need to provide your credit card information and a cell phone number. YOUR FLIGHT IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION E-MAIL FROM FLY ADVENTURE AIR.
PAYMENT: You authorize Fly Adventure Air to assess payment in full via your credit card once your flight is confirmed and we send your confirmation email.
CHARTER PRICE: The price for each seat is displayed on our website by itinerary. The stated price includes all applicable taxes and fees. Except for "major changes," or otherwise as described below, no refund or credit will be made for any transportation, accommodations, or services included in the charter price which you voluntarily do not use.
AIRLINE AND AIRCRAFT: Public charter flights pursuant to this Operator-Participant Agreement will be operated by HELIJET using a Bell 206 helicopter under TI BFS or by Helijet or other licensed carriers using comparable aircraft. Fly Adventure Air and the carrier used reserve the right to change the carrier or substitute aircraft if necessary, such as for operational or safety reasons.
BAGGAGE: For charter flights, the carrier accepts one carry-on roller bag weighing no more than twenty (20) pounds. ***PLEASE NOTE: If you have additional baggage needs, contact a Fly Adventure Air team member. The carrier used reserves the right to refuse carriage of a bag or bags that are deemed too heavy or too large. Fly Adventure Air will not be liable for loss, damage, or delay in the delivery of the passenger’s luggage to his or her destination.
CANCELLATION, REFUNDS, AND CREDITS: If you cancel your reservations your right to receive a credit or a refund is limited, as set forth below. Requests to cancel and for credit or a refund must be made by email, to email@example.com. No refund is due for cancellations made by you after confirmation of your flight. However, if you cancel your reservation by providing notice to Fly Adventure Air more than 48 hours prior to the scheduled departure time of the Flight, Fly Adventure Air refund the amount charged for the cancelled reservation. No refund or credit is due for cancellations made 48 hours or less before scheduled departure.
Substitution: Participants may furnish Fly Adventure Air with a Substitute Participant if done within the above cancellation time limits, i.e., more than 48 hours before a flight is scheduled to operate. Fly Adventure Air will accept such Substitute Participant upon payment by the Substitute Participant for the flight. In that event, Fly Adventure Air will refund to the participant whose place is taken on the flight the amount he or she paid after subtracting a $25.00 Administrative Fee per change from the amount paid for each substituted passenger. Substitutions must be made prior to Participant cancelling and receiving a credit, which credit must be used by Participant.
Major Changes: After you make payment, if we make major changes prior to departure you have the 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 experienced by the air carrier. (If, however, the delay is longer than 48 hours, it will be considered a major change.) (2) a change in the origin or destination city, unless the change affects only the order in which cities named in a tour package are visited; and (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 in 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 and you will receive a full refund within 14 days after cancelling. If we must cancel the charter, we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. We have no right to cancel the charter less than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip. If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date. If the charter is canceled, and you do not elect any alternative transportation offered, we will make a full refund to you within 14 days after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.
Participant Acceptance of The Terms of This Agreement: No public charter seat will be sold unless a Charter Participant has first accepted the terms and conditions of this Operator- Participant Agreement. A charter participant’s acceptance of and agreement with the terms of this Operator-Participant Agreement can be signified by electronic signature or having electronically acknowledged such by checking a box denoting his or her having read and accepted the Agreement.