General: This Operator-Participant Agreement (herein, “Agreement”) sets forth the terms and conditions under which IBC Travel Inc., d.b.a. IBC Air (or “IBC”) of 610 SW 34th Street, Fort Lauderdale, Florida 33315, in return for payment of the amount indicated as the total charter price, agrees to provide to each participant (the “Participant”, “Passenger”, or “Customer”), participation in a charter flight (the “Charter Flight”) operated by or through IBC Air. The US Department of Transportation requires all passengers to agree/accept/sign the terms of the Operator Participant Agreement at the time of payment. The completion of all electronically ticketed transactions, whether negotiated in the form of cash, check, money order or credit card, confirms the acceptance of the Operator Participant Agreement. Transactions that are paid for via the internet are recognized as having an electronic acceptance/signature of the Operator Participant Agreement by the Participant, Passenger, or Customer completing the transaction.
Responsibility: IBC Air, as the principal, is responsible to the Participant for arranging and providing public charter air transportation (charter flights). In the absence of negligence on the part of IBC Air, neither IBC Air, nor its agents, servants, employees, or your travel agent assumes responsibility for, and the Participant agrees to release, relieve and hold harmless IBC Air from any claim, action, cause of action, injury, losses or damages arising from: the actions or omissions of third-party contractors supplying services; missed connections; missed ground transportation or car rental expenses; lost or stolen items or baggage, damage, delay of baggage or other property; costs or expenses arising out of injury, accident or death; quarantine; disturbances; governmental restrictions or regulations; inconveniences; loss of enjoyments; loss of pay; disappointment; mechanical breakdown; airport closure; air traffic control restrictions; government action; strike or lockouts; war, terrorism; weather, acts of God, force majeure, or other factors or causes beyond our control.
Reservations and Payment: Charter Reservations may be made directly by calling (866)-422-7000 or online at our website at www.flyibcair.com. Full payment is due at time of booking of the flight. Passengers have a right to a copy of this Agreement prior to making payment. For bookings made by calling (866)-422-7000 or via the Internet, IBC Air accepts MasterCard, and Visa. Participants waive any charge back rights associated with claims resulting from factors that are not under the control or not the responsibility of IBC Air; however, Participants may cancel the reservation 72hrs prior to scheduled departure to receive a courtesy credit for future travel on any IBC Air schedule or charter services after payment of a non-negotiable $100.00 administrative fee per person. All payments are payable and/or deposited to a charter escrow account at Harleysville National Bank, IBC Air’s depository bank. Your payments are protected by a surety bond issued by First Niagara Bank, N.A. (the “Securer”). Unless you file a claim with IBC Air, or if IBC Air is unavailable, with the Securer, within 60 days of completion of the charter (or, in the case of cancellation, the intended date of your scheduled return Charter); the Securer will be released from all liability to you under the security agreement. If there is no return flight in your itinerary, completion means the date or intended date of departure of the last flight in your itinerary. All transactions between the Customer and IBC Air shall be solely in United States Dollars; IBC Air is not responsible for any fluctuations in foreign currency exchange rates.
Charter Price: International Flights: In addition to Convenience, Reservations Department, Federal Flight Segment Fees and September 11th Security Fees as outlined above, international flights (including Puerto Rico) do not include US arrival inspection fees (including APIS user fees, Immigration fees, and Customs Inspection fees) totaling up to $17.70, Passenger Facility Charges (PFC) up to $18.00 per round trip passenger, International Departure/Arrival Tax of $17.70 per direction, and non-US Government taxes and fees of up to 25% of total fare.
Cancellations, Changes of Dates and Refunds: The price of tickets for Charter Flights is non refundable. Reservations may be changed or cancelled 72hrs prior to departure to receive courtesy credit towards a future Charter Flight, subject to availability, for an administrative fee of $100.00 per Passenger. Cancellations made 72hrs prior to departure result in a courtesy flight credit which may be used for travel on Charter Flights up to 365 days from date of original purchase, in the amount of the Charter Flight price, less the applicable cancellation fee. IBC makes no assurances, however, that service will be available at future dates. Participants who do not notify IBC in advance of their flight, cancellation forfeit their right to a refund or flight credit for future travel. Tickets will be null and void. Voucher credits issued for future charters have no actual cash value. IBC reserves the right to accept or decline a Passenger as a Participant of a Charter Flight or to change or withdraw a Charter Flight, subject to the provisions in this Agreement regarding major changes or cancellations by the operator. All refunds will be made within 14 days after cancellation or substitution
Baggage: IBC Air will transport a maximum of two (2) bags for each ticketed passenger (one checked bag and one carry-on): 1) up to one (1) bag may be checked, with a total weight not to exceed 50 pounds(FLL-CAP/NBW only) or 40 pounds(NAS-CAP/PAP only); dimensions of checked items are not to exceed 62 inches in overall length, width and height and 2) One (1) carryon bag not to exceed overall dimensions of 45 inches (L + W + H = 45) and a weight of 10 pounds, plus a personal item such as a purse, laptop, diaper bag or camera case. Personal items must fit under the seat in front of you. Carry-on bags must fit under the seat or in the overhead compartment. If there is insufficient space in the cabin of the aircraft, the carry-on bag will be gate checked. A non refundable Excess Baggage Service Charge for checked baggage shall apply for all checked baggage, defined as follows: all checked items declared in advance by calling our Reservations Department no later than 2 hours prior to departure will be assessed a Excess Baggage Service Charge as follows:
*If the bag exceeds the maximum weight then a charge of $2.00 per pound(FLL-CAP/NBW only) or $2.50 per pound(NAS-CAP only) will be charged in addition to any other applicable charge(s)
Additional items presented for check-in beyond the one-item limit shall be accepted solely at the discretion of station management, and are not guaranteed to be transported. Carry-on bags will be accepted without fee provided that such baggage may be safely stowed either in the overhead bin or under the seat directly in front of the ticketed passenger and meet the required weight limit. IA reserves the right to require an item to be stowed in the checked luggage compartment, subject to Excess Baggage Service Fees if it cannot be safely stowed in the overhead bin or under the seat directly in front of the ticketed passenger. Golf clubs and strollers shall count towards the ticketed passenger’s allotment of one checked item. Strollers and car seats shall be accepted as checked luggage at the gate, if necessary, upon being tagged as an “authorized” item by IA personnel. Standard Baggage Service Charges will apply to golf bags and strollers. Overweight/Excess Baggage Fees may also apply. It is recommended that golf equipment be stored in a hard-sided case for added protection. All bags must have a cover that prevents spillage of contents. Excess baggage will be accepted on a space available basis only, as determined by IBC Air in its sole determination. All bags must have outside identification. Small dogs or cats may be accepted on a space-available basis in an FAA-approved carrier that must fit and be stowed under the seat directly in front of the passenger as a ticketed Passenger’s carry-on luggage for a service fee of up to $350.00 per pet per flight segment. In accordance with Federal Regulations, air carrier liability for lost, stolen, pilfered, or damaged bags in the carriage of passenger baggage is limited to provable damage not exceeding $100.00 (provided the Passenger provides IBC Air with the baggage service report and suitable evidence of the value of the bag and it contents). IA personnel reserves the right to refuse carriage/transport of any item presented for checked luggage. Under no circumstances shall IBC Air accept items for carriage that do not accompany a ticketed passenger.
Liability: IBC Air assumes NO LIABILITY for any items left by a passenger in the passenger compartment of the aircraft. IBC Air is not liable under any circumstances for loss or damage to money, jewelry, collector’s items, silverware, furs, negotiable papers or securities, business documents, eyeglasses, cameras, electronic or computer equipment, photographic equipment, medications, damage to inadequately packaged/overstuffed checked items, and loss or damage of any items packed in such containers or bags; all electronic hardware, software and peripherals; cosmetics, toiletries and personal hygiene products; medications and medical equipment in checked luggage (please note that IBC Air assumes NO LIABILITY for medical complications and expenses due to medications and medical equipment being unavailable as a result of being checked while in-flight, or as a result of unavailability of medications, medical equipment and prescriptions packed in checked luggage due to delay, loss of or damage to such checked luggage), commercial effects, one-of-a-kind items, works of art, artistic items and statuary, glass items and containers, musical instruments, paper materials, perishables, precision items, recreational and sporting goods (including golf clubs, bags and equipment), toys, infant seats and strollers or other similar valuable items included in a Customer’s checked or unchecked baggage with or without knowledge of the carrier. IBC Air is not responsible for damage that does not impair the ability of such luggage to protect the contents inside, and specifically is not liable for superficial damage to luggage arising from normal wear and tear of ordinary handling, including scratches, scuffs, puncture, stains and marks. When IBC Air has exercised its ordinary standard of care, it shall not be liable for spoilage resulting from delay in delivery of perishables, or for damage to or caused by fragile items, liquids or perishables which are unsuitably packed, and which are included in a passenger’s checked baggage with or without IBC Air’s knowledge. IBC Air assumes no liability for damage to luggage protrusions (including wheels, zippers and zipper pull tabs, handles, straps, feet, hanger hooks, locks, flaps, pockets, pouches and items secured to such luggage by means of straps, cords, tape and other external means). IBC Air assumes no responsibility for property damage or loss resulting from passenger security screening or loss incurred in passenger waiting areas or concourses, or for property not checked solely into IBC Air’s custody. IBC Air assumes no liability for damage to locks or luggage, or loss of or damage to contents as a result of search by the TSA or any other government or law enforcement agency. IBC Air shall assume no liability for damage to checked luggage not designed to withstand the customary rigors of air travel. All claims are subject to proof of value, loss and are subject to depreciation. Any baggage problems and/or claims in the case of lost, stolen, damaged or delayed baggage must be reported to an IBC Air airport representative, and written proof of claim must be filed with said representative prior to leaving the airport terminal on the date of arrival, or are to be waived by the passenger.
Check-In: Check-in is available two (2) hours prior to flight time. All Passengers must check-in no less than one hour prior to the scheduled departure time of a Charter Flight. Passengers must be at the boarding gate in possession of boarding passes no later than 45 minutes prior to departure. IBC Air reserves the right to resell any seat or deny boarding to any passenger not checked in 60 minutes prior to departure, and the Passenger will have no claim against IBC Air for such canceled reservation. Participants will not receive refunds for missed flights or connections. All passengers 18 years of age or older must have valid government issued photo identification, such as a Passport, driver’s license, state non-operator’s ID, active-duty military ID or passport. Any Passenger that exhibits disruptive behavior will not be allowed to board, or will be removed from the aircraft. Assigned seating will apply to all passengers
Air Transportation: IBC Air flights are Public Charters operated by IBC Airways. IBC Air reserves the right to substitute scheduled air service when necessary at no additional cost and at comparable times, and does not guarantee aircraft type or capacity. IBC Air will make every diligent and reasonable effort to notify all Participants in the event of a schedule change. No refunds or compensation will be given for changes in aircraft type or for substitution of service to a scheduled air carrier.
Major Changes: If IBC Air makes major changes prior to departure, the Participant shall have the right to cancel the reservation on the Charter Flight and receive a full refund. The following are major changes: (1) a change in the origin or destination city of a Charter Flight, unless the change is only the order in which cities the cities are flown; (2) a change in the departure or return date of a Charter Flight experienced by IBC Air of greater than 48 hours; or (3) a Charter Flight price increase of more than 10% occurring ten or more days before departure of the Charter Flight. In no event may IBC Air change the Charter Flight price less than ten days prior to departure of the Charter Flight. If a major change must be made in a Charter Flight, IBC Air will exercise all reasonable commercial diligence to notify the Passenger within seven days after first of such major change, but in any event at least ten days before schedule departure of the Charter Flight. If a major change occurs less than ten days before the scheduled departure of a Charter Flight, IBC Air will notify the Passenger as soon as possible. Within seven days after receiving notification of a major change, but in no event later than departure, the Passenger may cancel such Passenger’s reservation with IBC Air and will receive a full refund within 14 days after such cancellation. When a major change occurs after departure of the Charter Flight which the Passenger is unwilling to accept, IBC Air will refund to the Passenger, within 14 days after the scheduled return date of the Charter Flight, that portion of the price for such Charter Flight that applies to the services not accepted. IBC Air has no right to cancel a Charter Flight less than 10 days before the scheduled departure date, except for circumstances that make it physically impossible to perform the Charter Flight or causes beyond its control. If IBC Air must cancel the Charter Flight ten or more days before departure, IBC Air will notify the Passenger in writing within seven days of cancellation, but in any event at least 10 days before the scheduled departure date of the Charter Flight. If IBC Air must cancel the charter less than ten days before the scheduled departure (i.e. for circumstances that make it physically impossible to perform the charter trip or for causes beyond its control), IBC Air shall notify the Passenger as soon as possible and a refund will be made to the participant within fourteen days of such notification. If a Charter flight is cancelled and alternative travel dates are offered and subsequently accepted by the Passenger, IBC Air will re-accommodate that passenger on a future available IBC Air flight. IBC Air reserves the right to alter flight schedules based on load factors.
Customer Service: IBC Air is committed to providing the best possible customer service. In the rare event that you have cause for dissatisfaction during your flight, we encourage you to write to us at email@example.com, or you may call us toll-free at (866) 422-7000 to discuss this problem with us.
Miscellaneous: The rights and remedies made available under this Agreement are in addition to any of the rights and remedies available under Florida law. Further, in the interest of clarity and for the avoidance of any doubt, the Participant agrees that all rights, remedies and privileges available to IBC Air under this Agreement shall also apply to and act for the benefit of our agents, servants, employees, officers, directors, representatives, contractors or other third party service providers that IBC Air may retain or engage to provide services on behalf of IBC Air under this Agreement. The acceptance by a Participant of a refund, or alternative travel arrangements, as provided in this Agreement shall constitute a full and final settlement and release of all other claims or remedies against IBC Air. By executing this Agreement, the Participant specifically acknowledges and consents to all conditions set forth herein. This Agreement contains the entire agreement between the parties and completely supersedes any prior agreements or representations of IBC Air, verbal or in writing. This Agreement can be amended only in writing in a document signed by both parties. Any oral representation or modifications shall have no force or effect. Florida law shall govern this Agreement. Except for baggage claims as outlined above, any claim against IBC Air must be presented in writing within sixty days of the date of the return flight of a Charter Flight, and IBC Air shall have no obligations or liabilities for any claims presented after said sixty-day period. All parties to this Agreement hereby submit to the exclusive jurisdiction of the state courts located in Broward County, Florida, as the appropriate forum for any legal action arising out of or relating to this Agreement.