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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
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.
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.
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.
means the transportation of passengers and/or Baggage by air, gratuitously or
for hire, and all services of Carrier incidental thereto.
means Pacific Wings LLC
means Baggage of which Carrier takes sole custody and for which Carrier has
issued a Baggage check and Baggage tag(s).
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.
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.
means the portion of the passenger ticket that is valid for carriage.
means a flight scheduled to operate between the origin and destination points
without intermediate stops.
means travel from one point to another on Carrier's scheduled air service
assigned for travel between the two points.
means any person, except members of the crew, carried or to be carried in an
aircraft with the consent of Carrier.
means that portion of the passenger ticket constituting the passengerís written
evidence of the Contract of Carriage.
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.
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.
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.
the electronically-recorded information in Carrier's computer reservation system
that provides for the carriage of the passenger and his or her 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
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
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
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.
Carrier will refuse to transport any passenger exceeding the aircraft
manufacturer's specified weight load limit of three hundred and fifty (350)
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
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
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
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;
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
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:
Ethnic or national origin
Residency status, religious or political (non)affiliation
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
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
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
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.
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
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.
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
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
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
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
- All Baggage tendered to Carrier for transportation is subject to inspection by
- 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.
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
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
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
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
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
- 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
- Shotgun (unloaded and encased in a locked container acceptable to Carrier for
withstanding normal checked Baggage handling without sustaining damage to the
- Handgun (unloaded and encased in a locked container acceptable to Carrier for
withstanding normal checked Baggage handling without sustaining damage to the
- 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;
- 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
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
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
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
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
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
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
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
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.
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
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
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
- 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.
- 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
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.
- 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
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:
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.
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.
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.
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
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;
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.
- 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.
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.
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
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
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
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.