ViaAir Operator-Participant Agreement & General Terms and Conditions

IT IS IMPORTANT THAT YOU READ THIS OPERATOR-PARTICIPANT AGREEMENT AND THESE TERMS AND CONDITIONS BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES THROUGH THIS SITE. ViaAir, 218 Jackson St Maitland, FL 32751 ("Operator") provides access to and use of this site, FlyViaAir.com ("Site"), to you, the customer, subject to your acceptance without modification of this Operator-Participant Agreement and these general terms and conditions, the additional terms and conditions set forth within the pages of this Site, and the Privacy Policy on the Site (aggregately, the "Terms"). Your access to, and use of, this Site constitutes your acceptance of, and your agreement to observe, the Privacy Policy.

General Information

The price of your trip, dates of the outbound and return flights, origin and destination cities, and other conditions, are as specified in the applicable ViaAir itinerary and/or your accepted reservation, and are incorporated herein by reference.

All content on the Site, whether as to ViaAir or other information, is subject to change without notice. All content is published in good faith, and Operator corrects errors and omissions upon learning of the same. Similarly, the rates, terms and conditions of the booking(s) ("Booking(s)") are subject to change without notice at any time prior to Booking confirmation.

Except as provided in 14 CFR Part 382, the U.S. Department of Transportation's rule implementing the Air Carrier Access Act, you must confirm the Operator's ability to meet any special needs (such as handicap accessibility) or requests directly with Operator. You should confirm this information upon any Booking with Operator.

Your use of the Site is subject to our Privacy Policy.

If you have any problems or questions regarding a Booking, you may contact Operator by phone at 407-499-4992.

Payment

Reservations may be made directly with Operator or through your travel agent. Unless and until full payment has been made, you do not have a confirmed reservation. The form of payment accepted for transportation on Operator's flights is credit card. Your payment is transmitted directly to Operator's public charter depository (escrow) account at First Niagara Bank, N.A. Your payment is additionally protected in part by a security agreement between Operator and Level One Bank Unless you file a claim with Operator, or if Operator is unavailable, with Level One Bank, within sixty (60) days of arrival (or in the case of a canceled charter, the intended date of arrival) of the last flight of your itinerary, Level One Bank shall be released from all liability to you under the security agreement.

All Bookings must be pre-paid, by credit card, at the time of Booking. All transactions are conducted in U.S. Dollars. For your convenience, Operator accepts Visa, Mastercard, Discover Card and American Express. The total price, including any taxes, will be displayed to you prior to submitting the transaction. Operator reserves the right to re-invoice in the event of electronic or clerical payment errors that result in a failure or error of payment.

Operator follows generally accepted practices for processing payments using credit cards. Operator provides your credit card information to a third party, which may be located in another country, for processing payments. Please refer to our Privacy Policy for more detailed information regarding how Operator protects your personal information.

You must have a sufficient credit balance on the credit card to complete any transaction. Upon pre-payment, you warrant that you are the authorized cardholder, or that you have been authorized by the cardholder to use the credit card. In the event the credit card is dishonored, rejected, or later contested for any reason, you agree to pay Operator the full cost of the Booking(s). Operator restricts usage of third-party credit cards. A credit card authorization form will be required for any third-party credit cards used in a transaction.

All Bookings are subject to payment confirmation.

Booking/Confirmation/Arrival

Operator flights are operated by Via Airlines, Inc. d/b/a Charter Air Transport using Embraer EMB-120 aircraft seating 30 passengers. Via Airlines, Inc. d/b/a Charter Air Transport supplies air transportation subject to all applicable laws and regulations governing the provision of commercial air transportation. Operator and Via Airlines, Inc. d/b/a Charter Air Transport reserve the right to substitute another duly-licensed carrier and/or to change the aircraft type, capacity, and routing; no refund will be given for such substitutions or changes. Additionally, and subject to the provisions of this contract governing "Major Changes," Operator reserves the right to change the form of service from charter flight to scheduled flight and vice versa. Consumer protections afforded Public Charter passengers will apply only to those passengers who actually travel on a Public Charter flight. Passengers who actually travel on scheduled flights will receive only the consumer protections applicable to scheduled service. Tickets issued or procured by Operator are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed.

You must be 18 years of age, and capable of legally entering into a binding contract, in order to make a Booking or to make a payment for a Booking.

You must ensure that the information you provide to Operator upon Booking is accurate. You must inform Operator of any changes to your contact information and/or any other relevant information provided.

Upon Booking confirmation, your itinerary will be confirmed to you via email receipt. You must arrive at the airport at least 60 minutes prior to departure.

Baggage allowance is 30 pounds per paying passenger for all trips. Operator and Via Airlines, Inc. d/b/a Charter Air Transport neither assume nor accept liability for lost, delayed, or damaged bags, except as provided in the terms and conditions of the respective carrier's applicable tariff and/or contract of carriage.

Cancellations and Major Changes

Operator will not cancel a flight less than ten (10) days before its scheduled departure, except for circumstances that make it physically impossible to perform the flight. If any such Operator cancellation occurs, the customer may either (i) reschedule the applicable flight as available, or (ii) receive a full refund. Acceptance by customer of a refund constitutes a waiver by customer of all rights and remedies under applicable law other than the amount of the refund.

Customer requests for amendments to, and/or exchanges of, paid Bookings will be decided upon at the sole discretion of Operator.

Fare Code Rate Type Changeable? Cancellable? Notes
X Promotional/Sale $100/segment
any time prior to departure
No - Non Refundable Limited availability based on seat allocation per flight, advanced purchase may be required
O Discounted
L Discounted
Q Standard
K Standard
H Discounted
B Discounted
Y Full Fare/Refundable Up to 48hrs prior, minus $25/segment Full fare; Always Available; Least Restrictions

Customer Conduct

Operator is free to deny boarding of any customer of any flight or any segment thereof, in its sole discretion, subject to applicable law.

Any customer perceived to be under the influence of alcohol or drugs prior to or upon boarding a flight or any segment thereof may be denied permission to board, without right of refund to that passenger and any of his/her companion passengers who elect not to proceed with that flight, or any segment thereof, as a result.

Any customer deemed to exhibit abusive or disruptive behavior prior to or upon boarding a flight, or any segment thereof, will be warned once that such behavior must stop, and if that customer continues such behavior, that customer may be denied permission to board, without right of refund, subject to applicable law.

If Operator perceives any customer to be engaging in illegal activity of any kind during a flight, Operator may terminate such flight immediately, without right of refund, and even at an unscheduled location if necessary, at which time the customer(s) will be removed from the aircraft and law enforcement will be notified.

YOU MUST PRESENT GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST. FAILURE TO PROVIDE THIS TYPE OF IDENTIFICATION COULD LEAD TO DELAY IN BOARDING OR TO DENIAL OF BOARDING, SO PLEASE BE SURE TO HAVE SUCH IDENTIFICATION (SUCH AS A DRIVER'S LICENSE) READY WHEN YOU CHECK IN.

Use of Site

Accepted Use of Site — This Site may be used by you for personal and non-commercial purposes relating to the examination, review, and purchase of on the Site. You must be at least 18 years of age and able to enter into legally binding contracts to use this Site. You are financially responsible for all uses of the Site by you. Operator reserves the right to terminate or restrict your access to all or any component of the Site, refuse service, or remove or edit content, at any time and without advance notice or liability. You are solely responsible for any use of websites that you may access through hyperlinks on the Site. Operator does not control or endorse these hyperlink-accessed websites and disclaims any endorsement of or liability for your use of such hyperlink-accessed websites.

Prohibited Use of Site — You may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on this Site. You may not (i) access, monitor or copy any content or information on this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Operator; (ii) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (iii) take any action that imposes, or may impose, in the discretion of Operator, an unreasonable or disproportionately large load on the Operator's infrastructure; or (iv) deep-link to any portion of this Site (including where applicable, without limitation, the purchase path for any travel services) for any purpose without express written permission of Operator. You will not use this Site for any purpose that is unlawful and/or prohibited by these Terms. You will not use the Site for any speculative, false, or fraudulent Booking purposes. Any information you send to this Site is transmitted at your sole risk. Operator reserves the right, in its sole discretion, to bar your use of the Site with or without notification.

Liability & Warranty Disclaimers

EXCEPT AS OTHERWISE PROVIDED HEREIN, OPERATOR AND OPERATOR'S SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES AND/OR OPERATION OF THE SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. OPERATOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

EXCEPT AS OTHERWISE PROVIDED HEREIN, OPERATOR, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY OPERATOR OR ITS SUPPLIERS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPERATOR AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBLITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.

OPERATOR'S LIABILITY FOR ANY CLAIM MADE BY YOU RELATING TO VIAAIR AND/OR AIRCRUISE EXPERIENCE PRODUCTS MADE AVAILABLE ON THIS SITE IS LIMITED TO SOLELY THE AMOUNT PAID BY YOU TO OPERATOR FOR SUCH SERVICE AND/OR TRAVEL INVENTORY.

OPERATOR IS NOT RESPONSIBLE OR LIABLE FOR ANY REIMBURSMENT DUE TO THE IMPROPER BEHAVIOR OF CUSTOMERS IMPACTING AN EXPERIENCE.

Operator is the principal and is responsible for making arrangements to provide the services included in the trip. In all cases, transportation is subject to all of the terms and conditions of the respective carrier's applicable tariff and if applicable contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket for conditions of carriage and notice of incorporated terms, and inquire of the airline for additional details. Airlines and other travel suppliers are not agents or employees of Operator, but are independent contractors over whom Operator has no control. Accordingly, you hereby agree that, except as otherwise provided herein, Operator is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury, or death which results directly or indirectly from (a) an act or omission of any air carrier or other travel supplier, or (b) any other cause or act, of whatsoever nature, beyond the direct and immediate control of Operator. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of Operator, Operator's sole liability shall be to refund to you that portion of the price allocable to the services not provided. Any deviation from the trip that you initiate is solely your responsibility.

Indemnification

You will defend and indemnify Operator, its officers, directors, employees and agents from and against any claim, cause of action or demand, loss, fine, penalty or cost, including without limitation reasonable legal and accounting fees, as a result of your breach of the Terms and/or your violation of any law or the rights of third parties.

Operator Terms

You agree to abide by the terms and conditions of use and purchase imposed by Operator in relation to this Site and the products and services, available through it. THE RIGHTS AND REMEDIES MADE AVAILABLE UNDER THIS CONTRACT ARE IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE LAW; HOWEVER, ACCEPTANCE OF A REFUND FURNISHED UNDER THIS CONTRACT SHALL CONSTITUTE A WAIVER OF SUCH OTHER RIGHTS AND REMEDIES

Modification of Terms

Operator reserves the right to modify these Terms and this Site at any time. Your continued use of this Site will be subject to the Terms in effect at the time of your use.

Trademarks, Licenses and Ownership

All content included on this Site, including but not limited to data, graphics, sound, artwork, the look and feel of the Site, page headers, custom graphics, button icons, scripts and computer code, is the property of Operator, or the Suppliers of Operator, and is protected by the United States and international copyright laws. Operator, its subsidiaries, Suppliers of Operator and/or other third parties own the marks displayed on this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such marks without the express written permission of Operator or the party that owns the mark. Any software that is available on this Site is owned by Operator or its Suppliers. The use of software on this Site is subject to the Terms and either (i) any license agreement provided at the time of initial use by you, or, if no license agreement is provided to you at the time of initial use by you, (ii) a grant by Operator of a license for you to use the software for your personal, non-commercial, non-transferable purpose. No warranty or guarantee of any kind is made as to the software on this Site.

Miscellaneous

The headings in these Terms are for convenience and reference. The headings do not limit, interpret or affect the Terms.

Your acceptance of these Terms and use of the Site do not create a joint venture, partnership, employment or agency relationship with Operator.

You may not assign, delegate or transfer your rights or obligations under these Terms.

If Operator fails to act with respect to your breach or anyone else's breach of the Terms on any occasion, Operator does not thereby waive its right to act with respect to future or similar breaches.

Choice of Law and Related Terms

If a court finds any of these Terms to be unenforceable or invalid, including but not limited to the warranty and liability waivers and limitations, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue to be valid and enforceable. These Terms, together with the Privacy Policy and those items made a part of these terms by reference, constitute the entire agreement between you and Operator relating to your use of the Site and the purchase of any product or services through the Site, and replace any prior or contemporaneous written or oral understandings or agreements relating to the use of our Site. The laws of the State of Florida, USA, govern the Terms. You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Florida, USA in all disputes arising out of or relating to the use of the Site or the purchase of any products or services through the Site. Any rights not expressly granted herein are reserved in accordance with applicable laws.

Legal Notices

All communication, including legal notices, to Operator shall be sent to: ViaAir, 218 Jackson Street Maitland, Florida 32751, Attn: Legal Department. Notices to Operator are effective upon actual receipt by ViaAir.