DYNAMIC INTERNATIONAL AIRWAYS
PUBLIC CHARTER OPERATOR-PARTICIPANT AGREEMENT
I: GENERAL: This Operator-Participant Agreement (herein, Agreement) sets forth the terms and conditions under which Dynamic International Airways LLC of 4310 Regency Dr., Suite 100, High Point, North Carolina 27265, in return for payment of the amount indicated as the total charter price, agrees to provide to each participant (the “Participant”, “Passenger”, or “Customer”) participating in a charter flight (the “Charter Flight”) operated by Dynamic International Airways. The US Department of Transportation requires all passengers to agree/accept/sign the terms of the Agreement at the time of payment.
II: RESPONSIBILITY: Dynamic International Airways, as the principal, is responsible to the Participant for arranging and providing public charter air transportation (Charter Flights). In the absence of negligence on the part of Dynamic International Airways, neither Dynamic International Airways, nor its agents, servants, employees, or your travel agent assumes responsibility for, and the Participant agrees to release, relieve and hold harmless, Dynamic International Airways from any claim, action, cause of action, injury, losses or damages arising from: the actions or omissions of third-party contractors supplying services; missed connections; missed ground transportation or car rental expenses; costs or expenses arising out of injury, accident or death; quarantine; disturbances; governmental restrictions or regulations; inconveniences; loss of enjoyments; loss of pay; disappointment; mechanical breakdown; airport closure; air traffic control restrictions; government action; strike or lockouts; war, terrorism; weather, acts of God, force majeure, or other factors or causes beyond our control.
III: RESERVATIONS AND PAYMENT: Reservations may be made online at our website at www.flydya.com, by calling our Reservations Department, or through your travel agent. Full payment is due at time of booking of the flight. Passengers have a right to a copy of this Agreement prior to making payment. Dynamic International Airways accepts American Express, MasterCard, Visa and Discover. Participants waive any chargeback rights associated with claims resulting from factors that are not under the control of, or not the responsibility of Dynamic International Airways LLC, except for cancelled flights, refunds for which are governed by Section V. Fare rules determine if a ticket is non-refundable and if changes can be made. All payments are payable and/or deposited to a charter escrow account at Level One Bank, N.A., 32991 Hamilton Court, Farmington Hills, MI 48334, Dynamic International Airways’ depository bank. Your payments are protected further by a Letter of Credit issued by Wells Fargo Bank (the Securer). Unless you file a claim with Dynamic International Airways or with the Securer, within 60 days of completion of your Charter Flight (or, in the case of cancellation, the intended date of your scheduled return Charter Flight), the Securer will be released from all liability to you under the Letter of Credit. If there is no return flight in your itinerary, completion means the date or intended date of departure of the last flight in your itinerary. All transactions between the Customer and Dynamic International Airways shall be solely in United States Dollars; Dynamic International Airways is not responsible for any fluctuations in foreign currency exchange rates.
IV: CHARTER PRICE: Air Only – The quoted charter price includes charter air transportation for the Charter Flight booked with Dynamic International Airways’ web site or its Reservations Department. Fares are one-way and include Federal Excise Tax of 7.5%, Aviation Passenger Security Fees of up to $5.60 per person each way, Segment Fees of $4.00 per person per flight segment, and Passenger Facility Charges of up to $4.50 per passenger per enplanement. Fares are subject to availability at the time of booking, and are subject to change at anytime. The Passenger is responsible for all incidental expenses during the Charter Flight. One child under the age of 24 months at the time of travel (Lap Child) may occupy the same seat as a ticketed adult passenger free of carrier imposed charge with payment of appropriate taxes. A birth certificate shall be required upon check in as proof of age of the Lap Child. Dynamic International Airways accepts one infant per paying passenger on each Charter Flight. The fee for oversight of unaccompanied minors is $100.00 per flight segment. Except for major changes as described below, no refund will be made for services included in the Charter Flight price which are not used. Standard Baggage Service Charges, excess/overweight baggage fees, unaccompanied minor fees, and change fees are not included in the Charter Flight price. Please contact Dynamic International Airways for these charges and to arrange such services. More information about such charges is also available at our website www.flydya.com
V: CANCELLATIONS, CHANGES OF DATES AND REFUNDS: The charter price of tickets for Charter Flights is non-refundable unless noted otherwise during the booking process. Reservations may be changed or cancelled prior to departure to receive courtesy credit towards a future Charter Flight, subject to availability, for an administrative fee of $150.00 per Passenger plus any applicable fare difference, except as provided herein. Cancellations made at least one hour prior to departure result in a courtesy flight credit which may be used for travel on Charter Flights up to 365 days from date of original travel, in the amount of the charter price, less the applicable cancellation fee. Dynamic International Airways makes no assurances, however, that service will be available at future dates. Participants who do not notify Dynamic International Airways at least one hour in advance of their flight forfeit their right to a refund, if applicable, or flight credit for future travel. Flight credits issued for future charters have no actual cash value. The right to a refund is limited but includes the following: a) Participants who pay by a credit card may receive a full refund until an operator-participant agreement is signed. b) Participants may receive a full refund, less a $25 administrative fee, upon providing a substitute Participant to Dynamic International Airways, or upon Dynamic International Airways finding a substitute for you; provided Dynamic International Airways shall not be deemed to have provided a substitute Participant unless all seats on the flight have been initially sold out. Dynamic International Airways reserves the right to accept or decline a Passenger as a Participant of a Charter Flight or to change or withdraw a Charter Flight, subject to the provisions in this Agreement regarding Major Changes or cancellations by the operator. All refunds will be made within 14 days after cancellation or substitution.
VI: BAGGAGE: Passengers are allowed to transport a maximum of three (3) bags for each ticketed passenger. Up to two (2) bags may be checked free of charge; dimensions of checked items are not to exceed 62 inches in overall Length, width and height and are not to exceed 50 pounds. A non-refundable Standard Baggage Service Charge for additional checked baggage shall apply for all checked baggage, defined as follows: excess checked bags declared at the ticket counter upon check-in will be assessed a Standard Baggage Service Charge of $150.00 each way. Overweight baggage shall be assessed the following charges in addition to the Standard Baggage Service Charge (payable at the ticket counter upon check-in): each checked bag weighing over 50 pounds will be assessed a fee of $150 each way. Oversized items shall be assessed a fee of $150.00 per item each way, in addition to the Standard Baggage Service Charge. Additional items presented for check-in beyond the three-item Limit shall be accepted solely at the discretion of station management, and are not guaranteed to be transported. An Excess Baggage fee of $150.00 per item each way shall apply to any item presented beyond the three-item per-person Limit. ALL baggage fees are nonrefundable. Excess baggage will be accepted on a space available basis only, as determined by Dynamic International Airways in its sole determination. All bags must have outside identification.
VII: LIABILITY: Dynamic International Airways assumes NO LIABILITY for any items Left by a passenger in the passenger compartment of the aircraft. For domestic flights, except for assistive devices as required by Part 382 of the US Department of Transportation’s rules, Dynamic International Airways is not Liable under any circumstances for Loss or damage to money, jewelry, collector’s items, silverware, furs, negotiable papers or securities, business documents, eyeglasses, cameras, electronic or computer equipment, photographic equipment, medications, damage to inadequately packaged/overstuffed checked items, and Loss or damage of any items packed in such containers or bags; all electronic hardware, software and peripherals; cosmetics, toiletries and personal hygiene products; medications and medical equipment in checked Luggage (please note that Dynamic International Airways assumes NO LIABILITY for medical complications and expenses due to medications and medical equipment being unavailable as a result of being checked while in-flight, or as a result of unavailability of medications, medical equipment and prescriptions packed in checked Luggage due to delay, Loss of or damage to such checked Luggage), commercial effects, one-of-a-kind items, works of art, artistic items and statuary, glass items and containers, musical instruments, paper materials, perishables, precision items, recreational and sporting goods (including golf clubs, bags and equipment), toys, infant seats and strollers or other similar valuable items included in a Customer’s checked or unchecked baggage with or without knowledge of the carrier. Dynamic International Airways is not responsible for damage that does not impair the ability of such Luggage to protect the contents inside, and specifically is not Liable for superficial damage to Luggage arising from normal wear and tear of ordinary handling, including scratches, scuffs, puncture, stains and marks. Dynamic International Airways assumes no responsibility for property damage or Loss resulting from passenger security screening or Loss incurred in passenger waiting areas or concourses, or for property not checked solely into the custody of Dynamic International Airways. Dynamic International Airways assumes no Liability for damage to Locks or Luggage, or Loss of or damage to contents as a result of search by the TSA or any other government or Law enforcement agency. ALL claims are subject to proof of value, Loss and are subject to depreciation. Any baggage problems and/or claims in the case of Lost, stolen, damaged or delayed baggage must be reported to a Dynamic International Airways airport representative, and written proof of claim must be filed with said representative prior to Leaving the airport terminal on the date of arrival, or are to be waived by the passenger, except as provided by applicable international treaty.
VIII: CHECK-IN: Check-in is available three (3) hours prior to flight time. All Passengers must check-in no less than one hour prior to the scheduled departure time of a Charter Flight. Checked baggage will not be accepted within 60 minutes of scheduled departure time. Passengers must be at the boarding gate in possession of boarding passes no later than 45 minutes prior to departure. Dynamic International Airways reserves the right to resell any seat or deny boarding to any passenger not checked in 45 minutes prior to departure, and the Passenger will have no claim against Dynamic International Airways for such canceled reservation. Participants will not receive refunds for missed flights or connections. All passengers 18 years of age or older must have valid government issued photo identification, such as a driver’s license, state non-operators ID, active-duty military ID, or passport. Any Passenger that exhibits disruptive behavior will not be allowed to board, or will be removed from the aircraft. A passport is required photo identification document for all international flights.
IX: AIR TRANSPORTATION: Dynamic International Airways flights are Public Charters operated by Dynamic International Airways LLC d/b/a Dynamic International Airways on Boeing 767 aircraft with between 181 and 290 seats. Dynamic International Airways reserves the right to substitute another aircraft type, air carrier, or scheduled air service when necessary at no additional cost and at comparable times, and does not guarantee aircraft type or capacity or nonstop service. Dynamic International Airways will make every diligent and reasonable effort to notify all Participants in the event of a schedule change. No refunds or compensation will be given for changes in air carrier or aircraft type or for substitution of service to a scheduled air carrier or from nonstop to direct/connecting service.
X: MAJOR CHANGES: If Dynamic International Airways makes a Major Changes prior to departure, the Participant shall have the right to cancel the reservation on the Charter Flight and receive a full refund. The following are Major Changes: (1) a change in the origin or destination city of a Charter Flight, unless the change is only the order in which the cities are flown; (2) a change in the departure or return date of a Charter Flight or delay of greater than 48 hours; or (3) a charter price increase of more than 10% occurring ten or more days before departure of the Charter Flight. In no event may Dynamic International Airways change the Charter Flight price less than ten days prior to departure of the Charter Flight. If a Major Change must be made in a Charter Flight, Dynamic International Airways will exercise all reasonable commercial diligence to notify the Passenger within seven days after first becoming aware of such Major Change, but in any event at least ten days before schedule departure of the Charter Flight. If a Major Change occurs less than ten days before the scheduled departure of a Charter Flight, Dynamic International Airways will notify the Passenger as soon as possible. Within seven days after receiving notification of a Major Change, but in no event later than departure, the Passenger may cancel such Passenger’s reservation with Dynamic International Airways and receive a full refund within 14 days after such cancellation. When a Major Change occurs after departure of the Charter Flight which the Passenger is unwilling to accept, Dynamic International Airways will refund to the Passenger, within 14 days after the scheduled return date of the Charter Flight, that portion of the price for such Charter Flight that applies to the services not accepted. Dynamic International Airways has no right to cancel a Charter Flight less than 10 days before the scheduled departure date, except for circumstances that make it physically impossible to perform the Charter Flight. If Dynamic International Airways must cancel the Charter Flight ten or more days before departure, Dynamic International Airways will notify the Passenger in writing within seven days of cancellation, but in any event at least 10 days before the scheduled departure date of the Charter Flight. If Dynamic International Airways must cancel the charter less than 10 days before the scheduled departure (i.e. for circumstances that make it physically impossible to perform the charter trip), Dynamic International Airways shall notify the Passenger as soon as possible; and a refund will be made to the participant within 14 days of such notification. If a Charter Flight is cancelled and alternative travel dates are offered and subsequently accepted by the Passenger, Dynamic International Airways will re-accommodate that passenger on a future available Dynamic International Airways flight in lieu of a refund.
XI: CUSTOMER SERVICE: Dynamic International Airways is committed to providing the best possible customer service. In the rare event that you have cause for dissatisfaction during your flight, we encourage you to write to us at email@example.com, or you may call us at (336) 790-8176 to discuss this problem with us.
XII: MISCELLANEOUS: The rights and remedies made available under this Agreement are in addition to any of the rights and remedies available under North Carolina law. The acceptance by a Participant of a refund, or alternative travel arrangements, as provided in this Agreement shall constitute a full and final settlement and release of all claims or remedies against Dynamic International Airways. The terms and conditions of the Dynamic International Airways Contract of Carriage are incorporated herein by reference. Should any provision of this Agreement and the Contract of Carriage conflict, this Agreement shall govern. By executing this Agreement, the Participant specifically acknowledges and consents to all conditions set forth herein and in the Contract of Carriage. This Agreement and the Contract of Carriage contain the entire agreement between the parties and completely supersedes any prior agreements or representations of Dynamic International Airways, verbal or in writing. Any oral representation or modifications shall have no force or effect. North Carolina law shall govern this Agreement. Except for baggage claims as outlined above, any claim against Dynamic International Airways must be presented in writing within sixty days of the date of a Passenger’s last Charter Flight on the applicable itinerary, and Dynamic International Airways shall have no obligations or liabilities for any claims presented after said sixty-day period.