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Contract of Carriage

Passenger transportation by Pacific Wings Airlines (hereafter "Carrier") is subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket or ticketless travel authorization, specified on Carrierís Internet site with respect to electronic ticketing, or published in Carrierís schedules. By purchasing a ticket or accepting transportation, the passenger agrees to be bound thereby. 

1. Definitions

Baggage means all luggage, including suitcases, garment bags, tote bags, packages, camera and electronics bags, computer and equipment cases, briefcases, typewriters, and similar articles, whether carried by the passenger in the cabin or carried in the aircraft cargo compartments. Coats and wraps, when carried by the passenger in the passenger cabin, will not be considered as Baggage.

Baggage check means those portions of the ticket which provide for the carriage of the passengerís checked Baggage and which are issued by Carrier as a receipt for the passengerís checked Baggage.

Baggage tag means a document issued by Carrier solely for identification of checked Baggage, a portion of which is affixed by Carrier to a particular article of checked Baggage for routing purposes and a portion of which is given to the passenger for the purpose of claiming the Baggage.

Carriage means the transportation of passengers and/or Baggage by air, gratuitously or for hire, and all services of Carrier incidental thereto. 

Carrier means Pacific Wings LLC

Checked Baggage means Baggage of which Carrier takes sole custody and for which Carrier has issued a Baggage check and Baggage tag(s).

Days means full calendar days, including Sundays and legal holidays; provided that, for the purpose of any required Carrier notification, the balance of the day upon which notice is given shall not be counted, and when the last day falls on Sunday or a legal holiday, such Sunday or legal holiday will not be counted.

Direct flight means "same plane" service between the origin and destination points with scheduled stops at one or more intermediate points. With the exception of security requirements, unexpected ground delays or other unforeseen flight disruptions, passengers on direct flights are not required to disembark the aircraft at any intermediate stop.

Flight coupon means the portion of the passenger ticket that is valid for carriage.

Nonstop flight means a flight scheduled to operate between the origin and destination points without intermediate stops.

One-way means travel from one point to another on Carrier's scheduled air service assigned for travel between the two points.

Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.

Passenger coupon means that portion of the passenger ticket constituting the passengerís written evidence of the Contract of Carriage.

Passenger ticket means that document issued by Carrier or an authorized travel agent which provides for the carriage of the passenger occupying a single seat.

Prepaid Ticket Advice (PTA) means the notification between offices of Carrier that a person in one location has purchased and requested issuance of prepaid transportation as described in the PTA to another person in another location.

Roundtrip means travel from one point to another and return to the first point on Carrierís scheduled air service assigned for travel between the two points.

Scheduled air service means any flight scheduled in the current edition of the Official Airline Guide (OAG), Carrierís published schedule, Carrierís Internet site, or the computer reservation system used by Carrier.

Ticket means "passenger ticket and Baggage check," including all flight, passenger, and other coupons therein issued by Carrier, which provide for the carriage of the passenger and his or her Baggage. This includes recorded information in Carrierís computer reservation system or on Carrierís Internet site authorizing Ticketless, "e" ticket or electronic travel.

Ticketless travel authorization means the electronically-recorded information in Carrier's computer reservation system that provides for the carriage of the passenger and his or her Baggage.

Unchecked Baggage is Baggage other than checked Baggage.

2. Not used 

3. Application of Conditions 

The terms and conditions contained in this Contract of Carriage shall govern the application of all fares, rates, and charges published by Carrier and will apply only to Carrierís routes and services. No agent, servant, or representative of Carrier has authority to change or waive any provision of this Contract of Carriage unless authorized by a corporate officer of Carrier. 

4. Not used

5. Electronic Surveillance of Passengers and Baggage 

Passengers and their Baggage are subject to inspection by Carrier personnel or employees of the Transportation Security Agency (TSA). Inspections may be conducted by hand or using electronic devices with or without the passengerís consent or knowledge. 

6. - 9. Not used 

10. Refusal to Transport 

Carrier will refuse to transport, or will remove from an aircraft at any point, any passenger in the following circumstances: 

Safety and Government Request or Regulation - Whenever such action is necessary for reasons of aviation safety or to comply with any Federal Aviation Regulation or other applicable government 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 Carrierís control (including, without limitation, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, or disturbances, whether actual, threatened, or reported).

Search of Passenger or Property - Any passenger who refuses to permit the search of his or her person or property.

Proof of Identity - Any passenger who refuses or fails on request to produce valid, positive identification.

Special Medical Requirements - Carrier will refuse to transport persons requiring the following medical equipment or services, which either are not authorized or cannot be accommodated on Carrierís aircraft: medical oxygen for use onboard the aircraft, incubators, respirators that must recei?e power from the aircraftís electrical power supply, or persons who must travel on a stretcher.

Aircraft Loading Limitations - Carrier will refuse to transport any passenger exceeding the aircraft manufacturer's specified weight load limit of three hundred and fifty (350) pounds.

Comfort and Safety - Carrier may refuse to transport or remove from the aircraft at any point any passenger in the following categories as may be necessary for the comfort or safety of such passenger or other passengers:

Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent;

Persons whose conduct is or exhibits indications of becoming, inimical to flight safety;

Persons who are barefoot and over five (5) years of age;

Persons who are unable to occupy a seat with the seat belt fastened, or persons whose body weight exceeds load limits specificed by the aircraft manufacturer;

Persons who appear to be intoxicated or under the influence of drugs;

Persons who are known to have a contagious disease;

Persons who refuse to comply with instructions given by Carrierís Employees or representatives prohibiting the solicitation of items for sale or purchase, including airline tickets, passes, or travel award certificates;

Persons who have an offensive odor;

Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons; provided, however, that Carrier will carry passengers who meet the qualifications and conditions established in Federal Aviation Regulation, 14 C.F.R. ß 108.11;

Manacled persons in the custody of law enforcement personnel; persons brought into the airport in manacles; persons who have resisted escorts; or escorted persons who express to Carrier's Employees an objection to being transported on the flight;

Persons who have misrepresented a condition which becomes evident upon arrival at the airport, and the condition renders the passenger unacceptable for carriage;

Infants fourteen (14) days of age or younger, unless approved for carriage in writing by an attending physician; or

Persons who are unwilling or unable to abide with Carrier's non-smoking rules.

The fare of any passenger denied transportation or removed from Carrierís aircraft enroute under the provisions of Article 10 will be refunded in accordance with Article 90 of this Contract of Carriage. The sole recourse of any passenger refused transportation or removed enroute will be the recovery of the refund value of the unused portion of his or her ticket.

11. Pricing and Discounts 

It is the policy of Pacific Wings to treat all customers equally; and not to discriminate in the discounting or provision of services to the public. The company will not support - directly or through affiliation Ė any type of discount involving eligibility criteria based in whole or part on individual:

Age 

Race 

Sex 

Ethnic or national origin 

Physical (dis)ability 

Residency status, religious or political (non)affiliation 

Gender (non)conformity 

Every individual in each community served by Pacific Wings will have an equal opportunity to participate in discount programs offered by the airline, without regard to his or her individual personal circumstances. 

12. - 14. Not used 

15. Tickets - General 

No person shall be entitled to transportation except upon presentation of a valid ticket or proof of identification acceptable to Carrier that transportation has been purchased th?ough Carrierís electronic ticketing or Ticketless travel systems. Such ticket/electronic ticketing documentation shall entitle the person to transportation only between the points of origin and destination.

A ticket that has been altered, mutilated, or improperly issued shall not be valid.

A ticket or Ticketless travel authorization is valid for one (1) year from the date of issue, except as noted below:

Tickets or Ticketless travel authorizations issued with fare restrictions, i.e., nonrefundable tickets, are valid only on the flight and date shown on the ticket or Ticketless travel authorization. If a Customer purchases transportation with fare restrictions but chooses not to travel on the flight and date for which the ticket or Ticketless travel authorization is issued, the fare paid may, within one (1) year from the date of purchase, be applied toward the purchase of another ticket; however, the new ticket may, without penalty or fee, be more expensive or subject to different terms, conditions, or restrictions. No cash refund or credit card adjustments will be made for tickets with fare restrictions.

Tickets are not transferable unless specified thereon, but Carrier is not liable to the owner of a ticket for honoring or refunding such ticket when presented by another person.

Lost Tickets - When a passenger loses his or her ticket or a portion of his or her ticket, the passenger will be required to purchase another ticket, at the fare at which the ticket or portion thereof was originally purchased, before transportation will be furnished between the points covered by the lost ticket. Carrier will not replace or refund lost tickets.

16. - 19. Not used 

20. Reservations 

A reservation on a given flight is valid when the availability and allocation of space:

is confirmed by the issuance by Carrier or an authorized travel agent of a ticket that reflects space on a specific flight and date; or

is confirmed by a Reservations Sales Agent of Carrier or upon issuance of a Ticketless travel confirmation number, and the passengerís name is entered into Carrierís reservations system.

Reservations not confirmed with a valid form of payment at least 24 hours prior to scheduled departure are subject to cancellation.

Reservations may be made within 24 hours of a scheduled departure, but not less than 90 minutes before that departure, if confirmed with a valid form of payment.

90 Minute Rule - Reservations on Carrierís flights must be claimed at the gate departure desk at least 90 minutes before the scheduled or posted flight departure time. Failure of the passenger to check in at the departure gate and receive a boarding pass at least 90 minutes before the scheduled or posted aircraft departure time may result in cancellation of the passengerís reserved space.

Carrier will refuse to carry any person when such refusal is necessary to comply with an applicable governmental regulation.

When a roundtrip or multi-segment reservation has been made and the passenger fails to claim his or her reservation for the first portion of the trip, Carrier will not routinely or automatically cancel the return or continuing portions of the passengerís reservation. However, Carrier reserves the right to do so for reservations having specific flight requirements or if necessary for purposes of reservation inventory management. Carrier does not prohibit or penalize what is commonly known as "back-to-back" or "hidden-city" ticketing.

21. Not used 

22. - 24. Not used 

25. Ground Transportation 

Except as provided in the Pacific Wings Customer Service Commitment (see Article 126 below) with regard to expenses incident to certain disrupted itineraries, Carrier does not assu?e responsibility for the ground transportation of any passenger or his or her Baggage between any airport used by Carrier and any other location. Ground transportation is at the passengerís expense.

Carrier may, at its sole discretion, offer ground transportation options in conjunction with certain bundled, packaged or charter services. Taxi, van and limousine services may be provided by 3rd party vendors. 

26. - 29. Not used 

30. Application of Fares Ė General 

Transportation is subject to the fares and charges in effect on the date on which such ticket was issued. If a ticket has been issued before an increase in the fare becomes effective, it shall be honored for transportation between the points, and at the class of service, for which it was purchased.

Fares are published in Carrierís reservations system and may be obtained from Carrierís Internet site at www.pacificwings.com or through an authorized travel agent. Some travel agencies, however, may impose an additional charge for this service.

All published fares and charges are stated in U.S. currency.

No stopovers are permitted on published fares, except upon combination of local fares.

31. - 34. Not used 

35. Carriage of Children 

Infants Fourteen (14) Days of Age or Younger - Carrier will not provide transportation services to any infant fourteen (14) days of age or younger, unless an attending physician approves such infant for air travel in writing. Infants must be accompanied by a passenger twelve (12) years of age or older.

Children Over Fourteen (14) Days and Under Two (2) Years of Age - One child over fourteen (14) days and under two (2) years of age, not occupying a seat, will be carried without charge when accompanied by a fare-paying passenger twelve (12) years of age or older. Carrier cannot guarantee that an unoccupied seat will be available for any child traveling without charge and without a confirmed reservation. Safety seats for children without a confirmed reservation may have to be transported as checked Baggage if unoccupied seats are not available. Children over fourteen (14) days and under two (2) years of age traveling on a confirmed reservation, with or without the use of a safety seat, will be charged the published fare.

Unaccompanied Minor Children

Carrier will not accept for carriage any unaccompanied child under twelve (12) years of age. Unaccompanied children twelve (12) to eighteen (18) years of age are required to present valid photo identification. 

The parent or responsible adult who brings an unaccompanied child to the departure airport will be required to remain at the departure gate until the flight is airborne. The parent or responsible adult must furnish Carrier in writing (duplicate of which must be in the childís possession) evidence that the child will be met by another parent or responsible adult upon deplaning at his or her destination. The person meeting the child at his or her destination will be required to present positive identification and sign a release on a form designated by Carrier.

Responsibilities of Carrier - Carrier assumes no responsibilities for unaccompanied children beyond those applicable to adult passengers.

36-41. Not used 

42. Internet Fares 

Special fares may be available via the Internet on Carrierís web site (Internet address: http://www.pacificwings.com). Seat availability, fares, and fare restrictions are published in the web site presentation. 

43. Stopovers 

Carrierís local fares for a flight or flights between a passengerís point of origin and destination shall apply only to published nonstop, direct, and connecting flights (i.e., the passenger arriving from his or her point of origin departs from an intermediate or connection point fo? his or her point of destination on the published connecting flight as shown in the current Pacific Wings schedule), except as provided in Article 85.A. below.

A stopover shall occur when a passenger arriving at an intermediate or connection point on his or her itinerary fails to depart from such intermediate or connection point on the published connecting flight to the passengerís next intermediate or connection point or destination. In the event of a single stopover, the passengerís fare shall be the sum of the appropriate local fares between the point of origin and stopover and the appropriate local fare between the point of stopover and destination. In the event of multiple stopovers, the passengerís fare shall be the sum of:

the appropriate local fare between the point of origin and first stopover; plus

the appropriate local fare(s) between each stopover point and the next subsequent stopover point, if any; plus

the appropriate local fare(s) between the point of last stopover and destination.

44. Not used 

45. Acceptance of Baggage - General 

Inspection - All Baggage tendered to Carrier for transportation is subject to inspection by Carrier.

Acceptance - Carrier will accept as Baggage such personal property as is necessary or appropriate for the wear, use, comfort, or convenience of the passenger, as the personal property of the fare-paying ticket holder and not intended for sale to other persons, subject to the following conditions:

Carrier will refuse to accept Baggage for transportation on any flight other than the flight on which the passenger is transported;

Carrier will refuse to accept any Baggage for transportation if it or its contents cannot withstand ordinary handling, or if its weight, size, or character renders it unsuitable for transportation on the particular aircraft on which it is to be carried, unless the passenger releases Carrier from liability;

Each piece of Baggage tendered to Carrier for carriage must have affixed thereto a current identification tag or label with the passengerís name, address, and telephone number (if available);

Carrier will refuse to accept Baggage that, because of its nature, contents, or characteristics (such as sharp objects, paint, corrosives, or other prohibited hazardous materials), might represent a security risk or cause injury to passengers or Carrier's Employees, damage to aircraft or other equipment, or damage to?other Baggage; and

Carrier will not accept Baggage that cannot safely be carried in the Baggage compartment of the aircraft.

46. Carryon Baggage 

Carrier will determine whether or not any Baggage of a passenger, because of its weight, size, contents, or character, may be carried in the passenger cabin of the aircraft. Carryon Baggage is the sole responsibility of the passenger. Claims for damaged, lost, forgotten, or stolen carryon Baggage will not be accepted by Carrier.

The number, size and dimensions of carryon items allowed by the Carrier on a particular aircraft or flight shall be the Carrier's sole discretion. 

Personal items, such as a male or female purse of reasonable size, a small camera, reading material, food for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried onboard the aircraft.

Unless unoccupied seats are available on a flight, Carrier requires a reservation and purchase of a ticket to ensure that a safety seat or infant seat may be used during flight. Only federally-approved and labeled safety seats or infant seats are permitted for use aboard Carrierís aircraft. Federal regulations prohibit the use of child booster seats and harness- or vest-type restraining devices.

Carrier will refuse to transport items of carryon Baggage that may be harmful or dangerous to a passenger, the flight crew, or the aircraft.

47. Animals 

Carrier will transport certain live animals with advance notification and arrangements, subject to the following terms and conditions:

Domesticated dogs and cats contained in spill-proof kennels may be transported in the passenger cabin subject to space-availability. 

Only animals traveling with passengers will be accepted for transport.

Animals accepted by Carrier for transport will not be removed from approved kennels at any time during any flight for any reason. 

Approved kennels will not be opened anywhere inside the airport operations area for any reason at any time 

Carrier assumes no responsibility for accidents, injury or illness involving live animals accepted for transport.

Carrier reserves the right, at its sole discretion, to refuse any animal for transport for any reason or for no reason.

Animals will be removed from any aircraft where any passenger traveling in the cabin expresses sensitivity to pet dander, allergens, or discomfort traveling with animals. 

Animals are accepted solely on a space-available basis subject to the approval of other passengers; animals removed from aircraft due to passenger objections will be sent on the next available flight.

Carrier will not be responsible for kennel, feeding or other costs associated with holding pets removed from aircraft due to passenger objections.

Transportation of animals is subject to a non-refundable service charge.

Passengers seeking transportation of animals do so at their own risk.

48. - 54. Not used 

55. Checking of Baggage 

Carrier will accept Baggage for checking from a fare-paying passenger when tendered to Carrier no earlier than two (2) hours in advance of flight departure time at Carrierís airport ticket counter or curb-side checkin station, or at an earlier time on the day of commencement of travel as may be authorized by Carrierís Employees at the departure airport. Carrier will not check Baggage tendered:

to a point beyond the destination indicated on the passengerís ticket;

to an intermediate stop or connection point; or

on any flight other than a flight on which the passenger is scheduled to travel; however, solely at Carrierís discretion, Baggage tendered by a standby passenger may be checked on the next available flight or flights to the standby ?assengerís intended destination.

to any destination which would effectively bypass required customs, agriculture or security inspections and/or clearences. 

Carrier will not check and hold Baggage for a flight to be operated on a later date.

56. - 59. Not used 

60. Free Baggage Allowance

Upon presentation by a fare-paying passenger of a valid ticket, Carrier will allow the following Baggage to be transported without charge:
Checked Baggage - One (1) piece of Baggage, having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding sixty-two (62) inches, not weighing more than fifty (50) pounds, and provided such Baggage is checked for carriage in the cargo hold of the aircraft.
Passengers rerouted in accordance with Rule 240 (FAILURE TO OPERATE ON SCHEDULE OR FAILURE TO CARRY) shall be entitled to the maximum allowance applicable for the trip originally purchased, regardless of whether passengers are transferred to a different class of service and whether or not they are entitled to a fare refund.
Articles Carried Free in Addition to Stated Maximum - In addition to the maximum allowances provided above, each fare-paying passenger may carry, without additional charge, the following articles of baggage only when retained in the passenger's custody:


- a handbag or pocketbook
- an overcoat or wrap
- a foot rug
- an umbrella or walking stick
- a camera and/or a pair of binoculars
- a reasonable amount of reading matter for the flight
- an infant's food for consumption enroute
- a collapsible wheelchair and/or crutches and/or braces or other prosthetic device on the same flight with passenger dependent on the device.

Pooled Baggage - When two or more passengers traveling to the same destination on the same flight under the same reservation present themselves and their baggage at the same time and place, their maximum allowance will be the sum of their individual maximum allowances. Baggage in excess of the combined maximum allowance will be subject to the excess baggage charge


Sporting Equipment - the following items of sporting equipment may be checked as Baggage for an additional service charge::
 

- Bowling bag, including ball and shoes;
- Golf bag (either hooded or in a soft- or hard-sided golf bag carrying case provided by the passenger), including clubs, balls, and shoes;
- Rifle (unloaded and encased in a locked container acceptable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the firearm);
- Shotgun (unloaded and encased in a locked container acceptable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the firearm);
- Handgun (unloaded and encased in a locked container acceptable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the firearm);
- Fishing tackle box and fishing rod, so long as the rod is encased in a cylindrical fishing rod container suitable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the rod;
- Boogie board;
- Skateboard;
- Archery equipment, including a bow, arrows, and an average size target (large target stands cannot be accepted), so long as the bow and arrows are encased in a container acceptable to Carrier for withstanding normal Baggage handling without sustaining damage to the equipment; or
- Scuba equipment, provided air tanks are empty and all accompanying equipment (BCD, mask, flippers, weight belt, etc.) are encased together in a container acceptable to Carrier.
 

One (1) infant stroller and one (1) infant or child safety seat will be checked in addition to the two (2) piece free Baggage allowance for each fare-paying passenger at no charge.
Firearms - Carrier will not accept assembled firearms and ammunition for transportation except as follows:
Unloaded sporting firearms will be accepted, provided they are encased in a container acceptable to Carrier for withstanding normal Baggage handling without sustaining damage to the firearms or other Baggage. Handgun containers must also be locked.
Small-arms ammunition intended for sport or hunting will be accepted only if carried within sturdy checked Baggage in the manufacturerís original container or an equivalent fiber, wood, or metal container specifically designed to carry ammunition and providing for sufficient cartridge separation. Carrier will accept no more than three hundred (300) rounds of pistol (rim fire) ammunition, one hundred and twenty (120) rounds of rifle (center fire) ammunition, or one hundred and fifty (150) shotgun shells per passenger, with a total gross weight of the ammunition not to exceed eleven (11) pounds per passenger.
If a mobility aid or assistive device, upon which a passenger who is a qualified individual with a disability is dependent, cannot be carried in the passenger cabin due to space limitations, such aid or device will be checked and carried in addition to the free Baggage allowance, without charge.

61. International Checked Baggage

The excess baggage fee is waived for passengers connecting to/from international flights within 8 hours of our flight but the free baggage allowance policy will still apply. Each free checked bag can weigh up to 70 lbs and the excess baggage fee will not be applied unless the number of checked bags exceeds the free baggage allowance. Connecting flight information must be listed in the passenger's reservation or they must provide proper documentation. Documentation can be paper tickets or a copy of the itinerary showing the passenger is confirmed on a connecting international flight..

62. - 64. Not used 

65. Excess Baggage Charges

Application - Excess Baggage charges specified in this Article will be applicable from the point at which the Baggage is accepted to the point to which the Baggage is checked.

Passengers will incur the following charges in addition to the normal Baggage Allowance fees in Article 60:

Baggage in excess of sixty-two (62) inches but not more than eighty (80) inches (sum of outside length plus outside height plus outside width) and/or weighing more than fifty (50) pounds but not weighing more than seventy (70) pounds will be accepted as excess baggage for a charge of twenty-five dollars ($25.00).

Baggage in excess of seventy (70) pounds will not be accepted.

Exceptions - The following articles are excluded from the Baggage weight and size limitations set forth in Article 45 above and shall be acceptable for carriage upon the passenger's compliance with the special packing requirements and payment of applicable fees as follows:

Bicycles, when properly crated in a bicycle carton, will be accepted as Baggage for a charge of fifty dollars ($50.00) each. Pedals and handlebars must be removed and stored so as not to be damaged or cause damage to other Baggage.

Surfboards, when properly packed to prevent damage to the board and other Baggage, will be accepted as checked Baggage for a charge of Twenty Five Dollars ($25.00) each. Surfboards may not exceed eighty (80) inches in length.

Fishing rods will be accepted as Baggage at no extra charge, if properly encased in a manufacturerís container or equivalent container supplied by the passenger that is acceptable to Carrier for withstanding normal Baggage handling without sustaining damage to the rod.

Hanging garment sample bags with outside length, width, and height measurements exceeding eighty (80) inches, up to a maximum of one hundred and ten (110) inches, will be accepted as odd size, if flexible, for a charge of Twenty Five Dollars ($25.00).

Pets, when in compliance with provisions contained in Article 47 above, for a charge of seventy-five dollars ($75.00) each.

Camera, film, video, lighting, and sound equipment will be accepted when tendered by representatives of network or local television broadcasting companies or commercial film-making companies. A fee of Thirty Dollars ($30.00) will be charged for each item in excess of the free Baggage allowance specified in Article 60 above.

66. Cabin-Seat Baggage And Charges

When a passenger requests that an item of baggage be carried in the cabin, and the Carrier determines that the item is acceptable as cabin baggage but it is so fragile and/or bulky as to require the use of a seat, the baggage must be carried on board the aircraft by the passenger and secured in the seat next to the passenger's seat.

Carrier will charge 100% of the applicable adult one-way fare for that portion of the trip on which the extra seat is used. Carrier will not 

67 - 74. Not used 

75. Baggage - Limitation of Liability

The liability, if any, of Carrier for loss of, damage to, or delay in the delivery of checked or unchecked Baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see Article 75.E. below), is limited to the proven amount of damage or loss, but in no event shall be greater than Three Thousand Three Hundred dollars ($3,300) per fare-paying passenger, unless the passenger at time of checkin has declared the value of the Baggage to be in excess of Three Thousand Three Hundred dollars ($3,300) ("excess valuation") and has paid an additional charge of One Dollar ($1.00) for each One Hundred Dollars ($100.00) of excess valuation. See Article 75.D. below for excess valuation.

Limitations. Carrier will compensate the passenger fair market value for documented damages incurred as a result of the loss of, damage to, or delayed delivery of such Baggage up to the limit of liability or declared valuation, whichever is higher, provided the passenger has exercised reasonable effort to minimize the amount of damage. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less depreciation for prior usage.

Carrier will be liable for such personal property only for the period in which it is in the custody of Carrier. While every reasonable effort will be made to return items inadvertently left behind by passengers onboard an aircraft, Carrier assumes no liability or responsibility for property carried onboard an aircraft by a passenger.
When excess value is declared, the passenger's Baggage and its contents may be inspected by Carrier's Employees. Such Baggage must be checked, and excess valuation coverage will apply only to the point to which it is checked by Carrier and claimed by the passenger.

The declared excess valuation for Baggage shall not exceed Four hundred fifty dollars ($450) above the Three thousand three hundred dollar ($3,300) limitation of Carrier's liability established by this Contract of Carriage, for a total maximum declared valuation of Three Thousand Seven Hundred and Fifty Dollars ($3,750.00).

Avoid packing high value, fragile or perishable items in your checked baggage. Pacific Wings is not liable for loss, damage or delay in delivery of high value, fragile or perishable items. See below for detailed listings of excluded items.

Excess valuation coverage is not available for money, jewelry, cameras, video and electronic equipment (including computers and MP3 devices), silverware, precious gems and metals, negotiable papers, securities, business documents, samples, items intended for sale, paintings and other works of art, antiques, collectorsí items, artifacts, manuscripts, furs, irreplaceable books or publications, and similar valuables. For the passengerís protection, these items should not be transported in or as checked Baggage.

Carrierís liability with respect to damage to wheelchairs, other mobility aids, and assistive devices upon which an individual with a disability is dependent shall be the documented cost of repair. If a wheelchair, mobility aid, or assistive device is lost or irreparably damaged, Carrier's liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation. Carrier will also compensate the passenger for other reasonable expenses incurred as a result of the loss of, damage to, or delayed delivery of the wheelchair, mobility aid, or assistive device.

Carrier assumes no responsibility and will not be liable for money, jewelry, cameras, video and electronic equipment (including computers), silverware, precious gems and metals, negotiable papers, securities, business documents, samples, items intended for sale, paintings and other works of art, antiques, collectorsí items, artifacts, manuscripts, furs, irreplaceable books or publications, and similar valuables contained in checked or unchecked Baggage.

76. Fragile and Perishable Items as Baggage 

Carrier may, but is not obligated to, conditionally accept previously damaged, improperly packed, fragile, or perishable items for carriage as checked Baggage subject to the passengerís assumption of risk for damage to or destruction of such items. 

77. - 79. Not used 

80. Claims 

No claim for personal injury or death of a passenger will be entertained by Carrier unless written notice of such claim is presented to Carrier within twenty-one (21) days after the occurrence of the event giving rise to the claim.

In the case of loss of, damage to, or delay in delivery of Baggage, no claim will be entertained by Carrier unless preliminary written notice of such claim is presented to Carrier within four (4) hours after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Carrier no later than ten (10)?days after the occurrence of the event giving rise to the claim.

Failure to provide notice within the foregoing time limits will not bar a claim if the claimant establishes to the satisfaction of Carrier that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time limits.

No legal action on any claim described above may be maintained against Carrier unless commenced within one (1) year of Carrierís written denial of a claim, in whole or in part.

81. Smoking 

Smoking aboard Carrier's aircraft is prohibited by federal law. 

82. - 84. Not used 

85. Failure to Operate as Scheduled 

Cancelled Flights or Late or Irregular Operations - In the event Carrier cancels or fails to operate any flight according to Carrier's published schedule, or changes the schedule of any flight, Carrier will, at the request of a passenger confirmed on such flight:

transport the passenger on another of Carrier's flights on which space is available at no additional charge; or

refund the unused portion of the passengerís fare in accordance with Article 90 below.

Except to the extent provided in Article 85.A. above, Carrier shall not be liable for any failure or delay in operating any flight due to causes beyond Carrierís control, including but not limited to, acts of God, governmental actions, fire, weather, mechanical difficulties, Air Traffic Control, strikes or labor disputes, or inability to obtain fuel for the flight in question. Carrier shall use its best efforts to notify all affected passengers promptly of planned schedule changes and service withdrawals.

Carrier will attempt to transport passengers and their Baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice, and the times shown in or on Carrierís published schedules, tickets, and advertising are not guaranteed. At times, without prior notice to passengers, Carrier may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Carrier cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event of flight schedule changes, Carrier will attempt to so notify affected passengers as soon as possible at the airport or enroute.

86. - 89. Not used 

90. Refunds 

Refundable tickets - The fare paid for unused travel by passengers who purchase fully refundable, unrestricted tickets may, for any reason and upon surrender of the unused ticket or unused portion thereof, or with the Ticketless travel confirmation number and proof of purchase sufficient to Carrier, either be refunded or applied toward the purchase of future travel, provided that such refund or credit is requested within one (1) year from the date of ticket issuance. In accordance with Article 90.F. below, Carrier shall make eligible refunds according to the original form of payment. Refund or credit requests will not be honored after one (1) year from the original issue date of the ticket.

Nonrefundable tickets - Passengers who purchase restricted, nonrefundable tickets are not eligible for refunds, except as provided in Articles 90.C. and 90.D. below. Unless otherwise specifically stated on the ticket, in the travel agreement with Carrier, or by an Employee or agent of Carrier when reservations are booked, confirmed, or ticketed, the fare paid for unused nonrefundable tickets, upon surrender of the unused ticket or portion thereof, or with the Ticketless travel confirmation number and proof of purchase sufficient to Carrier, may be applied toward the purchase of future travel for a $25.00 reinstatement fee, provided that credit is requested within one (1) year after the original issue date of the ticket. The fare for the new ticket(s), however, may be greater and/o? the new ticket(s) may be subject to different terms, conditions, or restrictions than the original ticket.

Delays or involuntary cancellations - If a passengerís scheduled transportation is cancelled, terminated, or delayed before the passenger has reached his or her final destination as a result of a flight cancellation, missed connection, flight delay, or omission of a scheduled stop, Carrier will, at the passengerís option, either transport the passenger on another of Carrierís flights on which space is available at no additional charge, or, upon surrender of the passengerís unused ticket or portion thereof, refund the fare for the unused transportation or provide a credit for such amount toward the purchase of future travel.

Denied boarding - If Carrier denies boarding or removes a passenger from an aircraft under conditions described in Article 10 above, Carrier will, upon surrender of the passengerís unused ticket or portion thereof, refund the fare paid for the unused ticket or portion thereof.

Eligible fare refunds and credits will be made by Carrier as follows:

when no portion of the transportation has been provided, the refund or credit will be issued in an amount equal to the fare paid; or

when a portion of the transportation has been provided, the refund or credit will be made in an amount equal to the difference, if any, between the total fare paid and the fare applicable to the transportation provided.

Carrier shall make eligible refunds according to the original form of payment unless otherwise advised/authorized. Refunds for tickets purchased with a credit card shall be processed for crediting-back to the same credit card account no later than seven (7) business days from the date the refund request is received by Carrier. Credits can take up to two (2) billing cycles to appear on credit card statements. Refunds for tickets purchased with cash or by check will be issued by check no later than seven (7) business days after the refund request is received by Carrier; provided that, with regard to tickets purchased by check, in cases where Carrier has reasonable cause to suspect fraud, Carrier may delay making an otherwise eligible refund until such time as the check by which the ticket was purchased has cleared the financial institution on which it was drawn and Carrier has received payment.

Carrier shall make refunds in U.S. Dollars.

Carrier shall provide no refund for or replacement of tickets that have been lost, damaged, mutilated, destroyed, or stolen.

91. - 104. Not used 

105. Denied Boarding Compensation 

The following definitions, as prescribed in 14 C.F.R. ß 250.1, pertain solely to the denied boarding compensation provisions of this Article:

Airport means the airport at which the direct or connecting flight, on which the passenger holds confirmed reserved space, is planned to arrive or some other airport serving the same metropolitan area, provided that the transportation to the other airport is accepted (i.e., used) by the passenger.

Comparable air transportation means transportation provided to passengers at no extra cost by a direct air carrier holding a certificate of public convenience and necessity issued by the U.S. Department of Transportation, or by a foreign air carrier holding a foreign air carrier permit issued by the U.S. Department of Transportation authorizing the scheduled air transportation of persons.

Confirmed reserved space means space on a specific date and on a specific flight of Carrier which has been requested by a passenger and which Carrier or its authorized agent has verified, by appropriate notation on the ticket or Ticketless travel authorization, or in any other manner provided by this Contract of Carriage, as being reserved for the accommodation of the passenger.

Stopover means a deliberate interruption of a journey by the p?ssenger, scheduled to exceed four (4) hours, at a point between the place of departure and the place of final destination.

The sum of the values of the passengerís remaining flight coupons means the sum of the applicable one-way fares, including any surcharges, airport or passenger facility charges, and air transportation taxes, less any applicable discounts.

Request for Volunteers - In the event of an oversold flight, Carrier shall request volunteers for denied boarding before using any other boarding priority. A volunteer is a person who responds to Carrier's request for volunteers and who willingly accepts Carrier's offer of compensation, in any amount, in exchange for relinquishing his or her confirmed reserved space. Any other passenger denied boarding is considered to have been denied boarding involuntarily, even if that passenger accepts denied boarding compensation. If an insufficient number of volunteers come forward, Carrier may deny boarding to other passengers in accordance with Carrier's boarding priority rules. However, Carrier will not deny boarding to any passenger involuntarily who was earlier asked to volunteer without having been informed about the possibility of being denied boarding involuntarily and the amount of compensation.

Conditions for Payment of Compensation to Passengers Involuntarily Denied Boarding due to an Oversale. Carrier will tender compensation to a passenger as specified below, when:

the passenger holds a ticket for confirmed reserved space and presents himself or herself for carriage at the appropriate time and place, having complied fully with Carrierís requirements as to ticketing, reconfirmation, checkin, and acceptability for transportation in accordance with this Contract of Carriage; 

and,

other than for reasons set forth above, or when resulting from substitution for operational or safety reasons of an aircraft having a lesser seating capacity than the aircraft originally scheduled, Carrier is unable to accommodate the passenger on the flight for which the passenger holds confirmed reserved space, and such flight departs without the passenger.

Exception - The passenger will not be eligible for compensation if Carrier offers comparable air transportation, or other transportation used by the passenger at no extra cost, that, at the time such arrangements are made, is planned to arrive at the airport of the passenger's next stopover or, if none, at the airport of the passenger's final destination not later than two (2) hours after the planned arrival time of the passengerís original flight or flights.

Acceptance of compensation by the passenger relieves Carrier from any further liability to the passenger caused by Carrierís failure to honor the confirmed reservation.

Boarding Priority Rules - Carrierís boarding priority is established on a first-come, first-served basis at the boarding gate. In determining which passengers holding confirmed reserved space shall be denied boarding involuntarily, in the event an insufficient number of volunteers comes forward, Carrier shall deny boarding in reverse order from the order in which passengers checked in at the gate (i.e., the passenger who checked in last will be the first passenger denied boarding involuntarily in an oversale situation), with no preference given to any particular person or category of passenger.

Written Explanation of Denied Boarding Compensation and Boarding Priority Rules - Immediately after a denied boarding occurs, Carrier will give passengers who are denied boarding involuntarily a written explanatory statement describing the terms and conditions of denied boarding compensation and Carrier's boarding priority rules.

106. - 115. Not used 

116. Not used 

117. - 123. Not used 

124. Check Acceptance 

Personal checks are not accepted.

Travel agency and government checks may be made payable to "Pacific Wings" for the exact amount of the fare. 

A service charge of Twenty-five Dollars ($25.00) will be assessed on unpaid checks returned to Carrier.

125. Compliance with Law and Governmental Regulations 

All transportation is sold and all carriage is performed subject to compliance with all applicable laws and governmental regulations, including those of the U.S. Department of Transportation and the Federal Aviation Administration, many of which are not specified herein but are nonetheless binding on Carrier and all passengers. 

126. Air Carrier Access Act

If you would like to obtain a copy of 14 CFR Part 382 in an accessible format, you can contact the US Department of Transportation by visiting the Aviation Consumer Protection Division's web site at http://airconsumer.ost.dot.gov.

127. Right to Change Contract 

Carrier reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Contract of Carriage or the Pacific Wings Customer Service Commitment without prior notice. All changes must be in writing and approved by a corporate officer of Carrier.

 

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