CONTRACT OF CARRIAGE ALL CALIFORNIA PACIFIC AIRLINES FLIGHTS ARE OPERATED BY AERODYNAMICS, INC. (ADI)

TERMS AND CONDITIONS FOR CONTRACT OF CARRIAGE

 

NOTICE: This document contains material and important terms and conditions regarding the contractual rights and obligations of a passenger ticketed for air transportation upon Aerodynamics, Inc.

INTRODUCTION

This document contains the entire Terms and Conditions for Contract of Carriage (“Contract”) by which Aerodynamics, Inc. (“ADI”) agrees to provide air transportation to the passenger. By accepting air transportation on ADI, the passenger agrees and consents to be bound by the terms and conditions set forth herein, as such terms and conditions may be revised, amended, or repealed from time to time prior to the passenger's commencement of travel on ADI. In addition, the terms and conditions contained herein may be amended or modified from time to time by any certain terms or restrictions, which are applicable to special or reduced fares.

 

The general terms of transportation for ADI, which are applicable to the transportation of passengers and their baggage on all flight segments via ADI, are included in this Contract. Other airlines may have different terms of transportation and that information must be obtained directly from the individual airline. Please note that the terms and conditions are in effect on the date of ticket purchase. Changes made to the ADI Contract of Carriage will not be retroactively applied.

 

Consequential Damages

Purchase of a ticket does not guarantee transportation.

ADI shall in no event be liable for any indirect, special or consequential damages resulting from the performance, delay in performance, or failure to perform (except for baggage liability as provided below) whether or not ADI had knowledge that such damages have been, might have been, or will be incurred.

Changes in Rules, Fares and Charges

Except as otherwise provided within specific fare rules, transportation is subject to the rules, fares and charges in effect on the date of ticket issuance, as determined by the validation stamped or imprinted on the ticket.

A. If, after a ticket has been issued and before any portion of the ticket has been used, either

(i) a decrease in the fares applicable to one or more of the flight segments identified on the ticket becomes effective, or (ii) a new fare(s), for which the passenger can qualify, becomes effective for one or more of the flight segments identified on the ticket, then the full amount of the difference between the original fare(s) and the decreased or new fare(s) will be refunded provided:

(1) There is no change in the point of origin, the destination point, flights, or dates shown on the original ticket, and:

(2) Following the decrease in fare or the addition of the new fare, all applicable conditions for such decreased or new fare have been met, including, but not limited to, booking code, advance reservation and ticketing requirements.

 

NOTE

When a ticket is reissued in accordance with the provisions herein above, the amount of service charge/penalty applicable to the newly issued ticket will be the greater of the service charge/penalty indicated on the original ticket or the service charge/penalty applicable to the reduced or new fare represented by the newly issued ticket. The amount of the service charge/ penalty applicable to the newly issued ticket will be indicated on the newly issued ticket.

 

 

 

NOTE

ADI may specify certain fares or coupon offerings that qualify for a fare refund. Such refunds will only be in the form of a Miscellaneous Charge Order (MCO) or voucher for future travel on ADI and the administrative charge will be waived. Specific conditions and restrictions may apply. See individual coupon for details.

B. When the ticket has been issued prior to the effective date of a new tariff containing an increase in the applicable local or joint fare, the increase will not be collected provided the following conditions are met:

(1) The ticket is issued on ADI ticket stock.

(2) The ticket is issued showing confirmed reservations for travel from the point of origin to the first point of stopover at a fare contained in a tariff in effect on the date of ticket issuance and these confirmed flights are not changed at the request of the passenger.

(3) The ticket is used by the passenger to whom the ticket was originally issued.

 

NOTE

These provisions will apply whether or not such increase results from a change in fare level, change in conditions governing a fare, or a cancellation of the fare itself.

 

NOTE

Purchase of a Prepaid Ticket Advice (PTA) will constitute purchase and issuance of a ticket for the purpose of this rule.

ADI Acting as Agent for Another Airline

 

ADI is responsible for the furnishing of transportation only over ADI routes. When ADI checks baggage for interline transportation (involving ADI and another airline), ADI acts only as an agent for such other airline, and assumes no responsibility for the acts or omissions of the other airline.

 

Fares apply for travel only between the points for which they are published.

Tickets may not be issued at fare(s) published to and/or from a more distant point(s) than the tickets being traveled, even when issuance of such tickets would produce a lower fare. When a passenger deplanes at an intermediate point between the origin and destination shown on his/her ticket, ADI may require presentment of evidence (i.e., boarding pass or coupon proving use of a preceding flight) for the portion of the ticket from point of origin to the intermediate point. Without such evidence, ADI may collect payment from the passenger for any difference between (i) the fare paid for the ticket from the point of origin to the destination point and (ii) the fare which would apply from the intermediate boarding point to the destination point.

 

Waiver/Modification of Terms

Only an authorized officer of ADI has authority to waive, revise, amend, or repeal any of the terms and conditions contained herein. The appointed agents and representatives of ADI (such as travel agent or other carriers) are only authorized to sell tickets and air transportation pursuant to the approved fare, terms, and conditions applicable to such transportation at the time of the sale. No waiver, revision, amendment or repeal of any of the terms and conditions contained herein shall be effective unless in writing and signed by an authorized officer of ADI. To the extent any waiver constitutes a waiver of a present enforcement of a term or condition, such waiver shall not be effective as to any future enforcement or application of such term or condition unless such waiver of future enforcement is so expressly stated in writing and signed by an authorized officer of ADI.

 

Specific Fares and Charges

Information on specific fares and charges is available through ADI headquarters.

 

NOTE

ADI does charge a $100 USD penalty to change dates or flights on a non- refundable fare/ticket. In addition, there is also a $100 USD cancellation fee that will be deducted from the voucher amount for any voluntary refund requests on nonrefundable fares/tickets.

Use of Electronic Devices On Board Aircraft

 

AM/FM radio receivers, cellular/mobile phones, paging devices, TV receivers, electronic oxygen devices, and remote toys may not be used on board the aircraft. This restriction is necessary in order to avoid disturbances of the aircraft’s electronic navigational equipment.

 

DEFINITIONS

For transportation on ADI, the following definitions apply:

ADI Ticket Stock

Refers to tickets printed or imprinted with the ADI carrier code number 846 (Great Lakes Airlines) in the ticket serial number

 

Animals

In addition to the usual cats and dogs, connotation include, birds and fish.

 

Baggage

Refers to all luggage whether carried by the passenger into the passenger cabin or checked in the cargo compartments

 

Baggage Tag

A document issued by ADI solely for identification of checked baggage. The baggage/strap tag portion is attached by ADI to the item being checked as baggage, and the baggage/claim tag portion is given to the passenger.

 

Booking/Fare Class

The alpha code used to book a given fare basis.

 

Cargo

Cargo refers to everything carried in the cargo compartments of the aircraft. This includes bags, mail, freight, express, and company material. It also includes live animals (if aircraft is approved to transport animals).

 

Carriage

The transportation of passengers and/or baggage by air, gratuitously or for hire, and all services of ADI incidental thereto.

 

Checked Baggage

Baggage which ADI takes custody of for the purpose of transporting such baggage and for which ADI issues a baggage/claim tag.

 

Circle Trip

From Point A to Point B to Point C and back to Point A on the same or different carriers, with the same or different fare classes.

 

Controllable Flight Irregularities

Flight irregularities that occur which can be controlled by ADI.

 

Days

Full calendar days, including Sundays and legal holidays; provided that for the purpose of notification, the balance of the day upon which notice is dispatched 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.

 

End to End

Two or more published fares combined to construct a through journey.

 

Escort Service

Supervision provided by ADI personnel for an unaccompanied minor/special needs passenger from the time of boarding until that passenger is met at the stopover point or final destination.

 

Flight Coupon

The portion of the passenger ticket which is valid for carriage.

 

Group

Ten (10) or more passengers traveling together whose tickets reflect identical itineraries. A group reservation must be booked through the ADI group desk.

 

Immediate Family

Spouse, domestic partner, children, parents, siblings, grandparents, grandchildren, aunts, uncles, nieces, and nephews. Relationships apply whether natural, adoptive, step, in-law or domestic partner.

 

Interline

Any transportation which involves carriage via two or more air carriers.

 

Involuntary Refund

A refund made to a passenger who is prevented from using the carriage provided for by his/ her ticket because of cancellation of an ADI flight for which the passenger has a confirmed seat reservation, inability of ADI to provide previously confirmed space on an ADI flight, postponement or delay of an ADI flight for which the passenger has a confirmed seat reservation, or refusal by ADI of carriage of the passenger.

 

Limited Release Baggage Tag

Tag that is attached to any baggage which is considered fragile, unsuitably or inadequately packaged, containing perishable items, and/or is damaged. Any such baggage is accepted for carriage by ADI at the customer’s sole risk. ADI shall not be liable for any loss or damage to any baggage, or contents thereof, which is identified by a limited release baggage tag.

 

Military Passenger

Military personnel of the U.S. Military agencies who are on active duty status, or who have been discharged from active military service within seven days of the date of travel.

 

Non-controllable Flight Irregularities

Flight irregularities that occur which cannot be controlled by ADI.

 

One Way

Travel from one point to another.

 

On-line

Air travel on ADI only.

 

Open-Jaw Trip

A trip that originates at Point A to Point B with unknown transportation between Point B and C, with a return from Point C to Point A. The mileage of the unknown portion cannot be greater than either of the flown segments.

 

Overbooking

The acceptance of more confirmed reservations on a given flight than the seating capacity of the aircraft allows.

 

Passenger

Any person, except members of the crew, carried or to be carried in an aircraft with the consent of ADI.

 

Physically/Mentally Challenged/Special Needs Passenger

Any individual who has a mental and/or physical impairment that, on a permanent or temporary basis, substantially limits one or more major life activity. The individual should have a record of such impairment, or be regarded as having said impairment.

 

Round Trip

From Point A to Point B and back to Point A. Some fare rules may require the same fare class and carrier.

 

Routing

The allowable intermediate airports via which transportation may be provided for the published fares.

 

Segment

One take off and one landing in egress to the final destination.

 

Standby Passenger

Passengers who will be enplaned on a flight subject to availability of space at departure time and only after all passengers having confirmed reservations for the flight have been enplaned. Standing by for an earlier flight, on the same date as on the passengers ticket, can be done without additional fees. Passengers will not be allowed to standby for a flight later than originally ticketed, without incurring $100.00 USD penalty, on non-refundable tickets, and any applicable fare differences.

 

Stopover

A deliberate interruption in a passenger’s journey in excess of four (4) hours. Stopovers by definition are agreed to in advance by the carrier at a point between the place of departure and the place of destination.

 

Trained Service Animal

Any animal that has been trained to assist individuals with mental or physical impairments (i.e., a blind or deaf individual) and any working animal usually identified by a harness, ID tag, or by aiding an individual with impairments.

 

Two Hour Rule

If a passenger misses their connecting flight on ADI, but arrives at the ticket counter within two hours of the scheduled departure time (as it appears on the ticket), ADI will allow the passenger to fly standby for the next scheduled ADI flight on the same day of departure without penalty.

 

Validated Ticket

A ticket that has been purchased through direct payment or other satisfactory credit arrangement and carries the identification stamp of ADI or another airline whose ticket ADI accepts.

 

Voluntary Refund

A refund issued when a passenger chooses not to use his/her ticket for which they have a confirmed seat reservation. Voluntary refunds of a non-refundable or restricted fare will be in the form of a travel voucher, less $100.00 USD penalty.

 

REFUSAL TO TRANSPORT

ADI may refuse to transport or may remove a passenger at any point from a flight for the following reasons:

A. Compliance with any government regulation or with government requisition of space or request for emergency transportation in connection with national defense or natural disasters (actual, threatened, or reported).

B. Whenever necessary to advise by reason of weather or other conditions beyond its control (including without limitation, acts of God, labor disturbances, strikes, civil commissions, embargoes, wars, hostilities or disturbances) whether actual, threatened, or reported.

C. Refusal by a passenger to permit a search of a person or property for explosives or for deadly or dangerous weapons, articles or substances.

D. When a passenger refuses, upon request, to produce positive identification.

 

NOTE

If a passenger appears to be at least 18 years of age, ADI shall have the right to require proof of positive picture identification, issued by a governmental agency, for any persons purchasing a ticket(s) and/or presenting a ticket(s) for the purpose of boarding an aircraft.

E. Comfort and Safety - When, in the judgment of ADI personnel, there is a possibility that the passenger may cause a disruption or serious impairment to the physical comfort and safety of other passengers or ADI employees, and/or interfere with a crewmember in the performance of his/her duties, or otherwise jeopardize safe flight operations.

F. Conduct or Condition - A physically or mentally challenged passenger, but only for those certain safety-related reasons as outlined below:

 

(1) For a passenger who, because of his/her mental disability, is unable to comprehend or respond to safety related instructions;

(2) For a passenger who has both a severe hearing and vision impairment and who is unable to establish a means of communicating with ADI personnel sufficient to receive the safety briefing;

(3) For a passenger who has a mobility impairment so severe as to be unable to assist in his/her own evacuation.

 

In the alternative, ADI may allow such physically or mentally challenged passenger to board by requiring an attendant to accompany such passenger, at no additional cost to the passenger.

 

G. An infant under seven (7) days of age or any infant requiring an incubator or any life support systems.

H. A passenger is pregnant and expecting delivery within ten (10) days of flying, unless the passenger provides ADI with a doctor’s certificate, dated within 72-hours of departure, which states that the doctor has found the passenger to be physically fit for air transportation and is not due to deliver within 72-hours after reaching destination.

I. Any person requiring oxygen or any life support systems.

 

NOTE

Please note that personal oxygen concentrators are allowed to be carried on our aircraft as an assistive device and may be used in association with FAR’s and Company Policy.

J. An obvious contagious disease.

K. Passenger is unable to sit in a seat with the seatbelt fastened.

L. Improperly attired or reeks of offensive odor.

M. Manacled prisoner who resists his/her escort.

 

NOTE

ADI shall not be liable for any refusal by ADI to transport any passenger in accordance with the preceding paragraphs. However, at the request of the passenger, ADI will provide a refund to the passenger in accordance with the “Involuntary Refunds” section of this Contract.

 

ELECTRONIC SURVEILLANCE OF PASSENGERS AND BAGGAGE

All passengers and their baggage are subject to inspection with an electronic detector with or without the passengers' consent or knowledge.

 

ACCEPTANCE OF CHILDREN

Unaccompanied Children

A. Children 5 years of age and under:

Children 5 years of age and younger may not travel as an unaccompanied minor. They must travel with a parent, legal guardian or someone who is at least 18 years of age or older.

 

B. Children 6 to 14 years of age:

Children ages 6 -14 (as of the travel date) who travel without a parent, a legal guardian or someone who is at least 18 years old; are considered unaccompanied minors and are required to use our unaccompanied minor service. These young travelers are subject to certain travel guidelines and requirements, including:

(1) Unaccompanied minors can only travel on direct flights.

(2) Unaccompanied minors can not travel on the last flight of the day.

(3) A service charge of $50.00 per child for each direction of travel will apply for using the unaccompanied minor service.

 

C. Children 15 to 17 years of age:

Children ages 15 – 17 can travel without unaccompanied minor services. Parents may choose to use the unaccompanied minor service. Applicable fees will apply.

 

D. When two or more children are traveling together.

When two or more children are traveling together, the youngest child’s age – rather than the oldest – applies to the reservation and determines whether the child will need to travel as an unaccompanied minor.

(1) Children 5 years old and younger will only be accepted for travel if they’re accompanied by a parent, legal guardian or someone who is at least 18 years of age or older.

(2) Children ages 6 – 14 may travel with a young adult ages 15 - 17. They are still required to use our unaccompanied minor service and adhere to the guidelines mentioned above.

 

Infant Carrying Seat

A government-approved infant carrying seat will be accepted for transportation in the passenger compartment, provided an additional seat is reserved for the infant, a ticket is purchased, and the seat can be properly secured by the seat belt in a window seat. Seat must be secured so that the seat back of the infant carrier does not impede the egress in an emergency and for the well-being of the child. If an additional seat is available on the flight, an infant may occupy a seat, without the purchase of a ticket, in accordance with the requirements listed herein. An infant under seven (7) days of age will not be accepted for travel at all.

 

Seat Dimensions

The following are the seat dimensions for ADI:

• EMB-145 – 17 inches wide.

Responsibility of Carrier

ADI is not liable for, and does not assume responsibility for, any financial or guardianship duties for any minor passenger beyond those duties of reasonable care owed by ADI to an adult passenger.

 

LIVE ANIMALS

General

A. ADI will accept live animals for carriage as pet-in-cabin, checked baggage and cargo.

 

NOTE

See the “SERVICE ANIMALS and EMOTIONAL SUPPORT/PSYCHIATRIC

ANIMALS” sections of this document for additional information. Service animals will always receive boarding priority over other animals.

 

NOTE

See the “ACCEPTANCE OF BAGGAGE: SPECIAL ITEMS” section of this document for additional information

B. Live animal transportation charges will apply.

C. Advanced reservations for the animal must be made with ADI.

D. The passenger must make arrangements and assume full responsibility for complying with any applicable laws, customs, and/or other governmental regulations and requirements, or restrictions of the country, state, or territory to which the animal is being transported.

E. The passenger is responsible to check policies of other airlines for connecting flights.

 

Acceptance of Pet-in-Cabin

A. Acceptance of an animal as pet-in-cabin will be in lieu of the passenger’s one personal item.

B. The container must be stored under the seat directly in front of the passenger and the animal must remain in the container during boarding, deplaning, and at all times while on board the aircraft. Pet containers that cannot fit under the seat directly in front of the passenger must be carried in the aircraft cargo compartment.

C. ADI policy is to allow only one (1) pet in the cabin, per flight. If the circumstance presents itself where two (2) pets are presented on day of flight, the Manager/Supervisor at the local station will consult with the Pilot-in-Command in making a decision on allowing the second pet. Items to be considered in this decision are:

(1) type of pets

(2) passive nature of the pets

(3) number passengers on board

(4) comfort of passengers on board

D. In the event that the animal becomes offensive or causes a disturbance during transit, then, at the Captain's discretion, the animal may be removed from the aircraft at the first enroute stop and arrangements made to transport the animal to its destination using alternate transportation at the passenger’s expense.

E. Soft-sided carriers specifically designed for pet carriers are accepted only in the cabin of the aircraft and must not exceed 20” in length, 15” in width, and 11” in height.

F. The passenger may not occupy an exit row seat.

G. Animals will not be permitted to travel with unaccompanied minors in the cabin.

 

Charge: $75.00 USD per container/kennel

 

NOTE

Failure to meet the conditions of acceptance as stated above may result in refusal by ADI to transport the animal.

Trained Service Animals

A. A service animal is any animal that is individually trained or able to provide assistance to a qualified person with a disability.

B. ADI will permit dogs and other service animals to accompany a passenger with a disability.

(1) ADI will not deny transportation to a service animal on the basis that carriage may offend or annoy others traveling on the aircraft.

(2) ADI shall accept the following as evidence that an animal is a service animal:

• identification cards

• other written documentation

• presence of harnesses, vests, capes or backpacks

• tags

• credible verbal assurances of the qualified individual with a disability traveling with the animal

(3) Service animals are trained to behave properly in public settings. A properly trained guide dog will remain at its owner’s feet. An animal that engages in disruptive behavior shows that it has not been successfully trained to function as a service animal. Airlines are not required to treat disruptive animals as a service animal, even if the animal performs an assistive function for a passenger with a disability.

 

NOTE

Documentation will not be requested unless a passenger cannot provide credible assurances that an animal has been individually trained or is able to perform some task or function to assist the passenger with his or her disability.

(4) The service animal may accompany a qualified individual in a seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation such as an exit row.

(5) If a service animal cannot be accommodated at the seat location of the passenger who is using the animal, they will be offered the opportunity to move with the animal to another seat where the animal can be accommodated, as an alternative to requiring the animal travel in the cargo hold.

C. ADI is never required to accommodate certain unusual service animals.

(1) Animals that pose unavoidable safety and/or public health concerns. Examples of animals that fall within this category are:

• snakes

• other reptiles

• ferrets

• rodents

• spiders

(2) Other unusual animals will be evaluated on a case-by-case basis. Examples of animals that fall within this category of unusual or exotic animals are:

• miniature horses

• pigs

• monkeys

 

Factors to consider are:

• the size of the animal

• the weight of the animal

• if the animal would pose a direct threat to the health or safety of others

• if the animal would cause a significant disruption of cabin service.

If no such factors preclude the animal from traveling in the cabin, ADI will permit it to do so. In most other situations the animal should be carried in the cargo hold.

 

D. General requirements for processing service animals include:

(1) A single passenger may have two or more service animals. In these circumstances, every effort will be made to accommodate the animals in the cabin.

(2) The animal should be of a size to fit underneath the seat in front of the passenger and not create an obstruction.

(3) ADI will not charge passengers for accommodations of service animals, including animals transported in the cargo hold.

 

Emotional Support / Psychiatric Animals

A. If a passenger seeks to travel with an animal that is used as an emotional support/ psychiatric service animal, ADI is not required to accept the animal for transportation in the cabin unless the passenger provides current documentation (i.e., no older than one year from the date of the scheduled initial flight). The documentation must be on letterhead of a licensed mental health professional such as:

• a psychiatrist

• a psychologist

• a licensed clinical social worker

• a medical doctor specifically treating the passenger’s mental or emotional disability

B. The documentation must state the following:

(1) The passenger has a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders;

(2) The passenger needs the emotional support/psychiatric service animal as an accommodation for air travel and/or for activity at the passenger’s destination;

(3) The individual providing the assessment is a licensed mental health professional, and the passenger is under his or her professional care; and

(4) The date and type of mental health professionals license and the state or other jurisdiction in which it was issued.

 

C. Emotional Support/Psychiatric animals should be trained to behave properly in public settings. Airlines are not required to treat disruptive animals as an emotional support/ psychiatric animal, even if the animal performs an assistive function for a passenger’s emotional well-being.

General requirements for processing Emotional Support/Psychiatric Animals include:

A single passenger may have two or more service animals. In these circumstances, every effort will be made to accommodate the animals in the cabin.

The animal should be of a size to fit underneath the seat in front of the passenger and not create an obstruction.

ADI will not charge passengers for accommodations of emotional support/psychiatric animals, including animals transported in the cargo bin.

 

SMOKING/NON-SMOKING SEAT

Smoking, or the use of E-cigarettes, is prohibited on board or within 50’ of ADI aircraft.

 

NOTE

Federal Law prohibits tampering with, disabling, or destroying any smoke detector installed in an aircraft lavatory.

 

TICKETS

No person aged two (2) years old and above, shall be entitled to transportation except upon presentation of a valid ticket. Such ticket shall entitle the passenger to transportation only between the points of origin and destination as identified on the ticket and via the routing designated thereon.

 

Flight coupons will be honored only in the order in which the coupons are issued and only if all unused flight coupons are used together.

 

Use of coupons for two or more tickets issued at round trip fares for the purpose of circumventing applicable tariff rules (such as advance purchase/minimum stay) are not permitted. ADI agents and authorized travel agents are prohibited from issuing tickets under such circumstances when there is obvious intent to abuse and/or misuse restricted round trip fares (commonly referred to as “back-to-back ticketing”). Any agent found issuing such back-to-back tickets and any passenger attempting to wrongfully utilize a flight coupon in such back-to-back tickets will be liable, both severally and jointly, for the difference between the fare paid and the fare for transportation used. ADI reserves the right to deny transportation to passengers found utilizing tickets in such manner, unless the difference between the fare paid and the fare for transportation used is received by ADI prior to enplanement.

 

A ticket which has not been properly validated, or which has been altered, mutilated or improperly issued, shall not be valid for use or eligible for a refund.

 

Tickets are not transferable. In addition, ADI shall not be liable to the purchaser or owner of a ticket for honoring or refunding such ticket when presented by another person.

 

The purchaser of an ADI ticket and the passenger intending to use such ticket are responsible for ensuring that the ticket accurately states the name of the passenger. Presentation of a ticket for transportation on ADI by someone other than the passenger named therein renders the ticket null and void. Such ticket will be subject to confiscation and will be ineligible for any refund.

 

TICKET VALIDITY

Period of Validity

 

An original ticket or completely reissued published fare ticket, or portions thereof, will be valid for transportation for one (1) year from the date of issue or reissue.

 

EXCEPTION: When a ticket includes a special fare having a shorter period of validity than one year, the shorter period of validity will apply only to the special fare purchased.

Extension of Validity (Ticket must be reissued)

A. If, due to lack of space or flight cancellation, a passenger is prevented from using the ticket, or portion of the ticket, either during the period of validity specified above (“Period of Validity”) or during the period of validity applicable to a special fare, then the period of validity will be extended until space can be provided on a scheduled ADI flight comparable to the ADI flight on which the passenger had a confirmed seat reservation.

B. If the passenger is unable to commence or continue travel due to (i) personal illness or physical incapacity, or (ii) the illness, death or physical incapacity of a member of the passenger's immediate family or of an associate with whom the passenger is traveling, ADI will extend the period of validity beyond the original limit, but not to exceed one (1) year.

 

NOTE

The illness or incapacity of the passenger, member of the passenger's immediate family, or associate with whom the passenger is traveling must be certified in writing by a physician, which certification must specify that, due to such illness or incapacity, the passenger is unable to complete travel before the original time limit. The written certification must be an original on the physician’s or hospital letterhead, signed and dated. In the event of death of a member of the passenger's immediate family or death of an associate with whom the passenger is traveling, a copy of the death certificate must be presented to ADI. Upon presentation of the written doctor's certification or death certificate to ADI, the passenger's ticket and all coupons affected will be reissued by an ADI agent. The reissued ticket and/or coupons must indicate on the face of the ticket and coupons that an extension, which cannot exceed one year, has been granted. In the event of death of a passenger, the fares for all unused portions of the deceased passenger's ticket will be refunded in full to the deceased passenger’s estate except when the form of payment was credit card. In the case of a credit card payment, the refund will be credited to the payer. A certified copy of the deceased passenger's death certificate must be provided to ADI. A certified copy of the deceased passenger's death certificate must be provided to ADI.

 

CONFIRMATION OF RESERVED SPACE

A reservation for space on a given ADI flight is valid when the availability and allocation of such space is confirmed by a reservation agent or authorized representative of ADI. Subject to payment in full or acceptance by ADI of a satisfactory credit arrangement, a validated ticket will be issued indicating such confirmed space, provided the passenger applies for such ticket at least sixty (60) minutes prior to the scheduled departure time of the flight to which such reservation applies. Any reservation of space is subject to cancellation by ADI, without notice, if the passenger has not obtained a validated ticket specifying his/her confirmed reserved space at least sixty (60) minutes prior to the scheduled departure time of the flight to which such reservation applies.

 

EXCEPTION: Where rules applicable to a fare provide for issuance, validation, or purchase of a ticket more than sixty (60) minutes prior to the scheduled departure time of the flight to which a reservation applies, the advance ticketing limit specified in such other rules will take precedence.

Once a passenger obtains a ticket reflecting confirmed space for an ADI flight and date, either from ADI or its authorized representative, the reservation is confirmed even if there is no record of such ticket in the ADI reservations system.

 

EXCEPTION: Tickets shall not be valid if reservations are canceled either (i) pursuant to the “Cancellation of Reservations” section of this Contract or (ii) by the passenger or his/her representative.

Because not all passengers holding confirmed reservations use those reservations, ADI flights are subject to over-booking which could result in the carrier’s inability to honor tickets for previously confirmed space on a given flight or for the class of service reserved. In this event, ADI obligation to the passenger is governed by the “Denied Boarding Compensation” section of this Contract. The term “over-booking” as used in this Contract means the acceptance of more confirmed reservations on a given flight than the seating capacity of the aircraft allows.

 

RESERVATIONS AND TICKETING TIME LIMITS

Reservations requested from any ADI office or authorized agency will be accepted by ADI subject to a 24-hour ticketing time limit unless specified differently within the fare rule.

 

CANCELLATION OF RESERVATIONS

Non-compliant Cancellation

ADI will cancel reservations of any passenger whenever such action is necessary to comply with the following:

A. Any governmental regulation.

B. Any governmental request for emergency transportation in connection with the national defense.

C. When such cancellation is necessary or advisable by reason of weather or other conditions beyond the control of ADI.

D. Refusal by a passenger to permit a search of a person or property for explosives, or for deadly or dangerous weapons, articles or substances.

E. When a passenger refuses, upon request, to produce positive government issued identification.

 

Failure to Occupy Space

If the passenger fails to occupy space which has been reserved for him/her on an ADI flight and ADI does not receive notice of the cancellation of such reservation prior to departure of such flight, or if any other carrier cancels the reservation of any passenger in accordance with this rule, ADI will cancel all reservations held by such passenger on the flights.

 

Airport Check-in Time Limit

ADI recommends that you arrive at the airport at least 90-minutes prior to the scheduled departure time of your flight for domestic travel. Some airports and destinations may require an even earlier arrival. If the passenger has not presented himself/herself at the loading gate for check-in and/or boarding at least 20-minutes before the scheduled departure time of the flight on which the passenger's reservation was made, the passenger's reservation on that flight will be canceled. Any passenger traveling with checked baggage must check in a minimum of 45-minutes prior to scheduled departure time or they will need to be accommodated on a later flight.

 

Misconnected Passengers

Any passenger who, due to the late arrival of an inbound connecting flight of ADI or another air carrier, is unable to present themselves for check-in, in accordance with the above- mentioned twenty-minute check-in time limit, will be considered a misconnected passenger and two-hour rule would apply (see Definitions).

 

Liability

ADI shall not be liable for any losses, damages, claims, or expenses that arise out of, or are the result of, any cancellation of reservation of any passenger in accordance with the provisions of this “Cancellation of Reservations” section. Notwithstanding the foregoing, the following provisions shall also apply

A. If a reservation was canceled pursuant to the “Non-compliant Cancellation” or “Misconnected Passengers” paragraphs of this section, the passenger's remedies shall be limited to those remedies provided for in the “Failure to Operate on Schedule or Failure to Carry” section of this Contract.

B. If a reservation was canceled pursuant to the “Failure to Occupy Space” paragraph of this section, ADI will provide a refund to the passenger in accordance with the “Voluntary Refunds” section of this Contract.

C. If a reservation was canceled pursuant to the “Airport Check-in Time Limit” paragraph of this section, ADI will reroute the passenger on our next available flight, however, the passenger will be required to pay $100.00 USD penalty on nonrefundable type tickets plus any applicable fare difference, or ADI will provide a refund to the passenger in accordance with the “Voluntary Refunds” section of this Contract.

 

ADI may refuse to transport any passenger for any of the reasons stated in the “Refusal to Transport” section of this Contract.

 

FARES (GENERAL)

Specific fares and charges shall apply only to air transportation between the airports through which the cities named in connection with such fares and charges are served either by ADI or other air carriers by who such fares and charges are published.

 

When a metropolitan area is served by more than one airport and the passenger requires connecting service with arrival at one airport and departure from another airport on ADI or another carrier, transportation between the airports must be arranged by and at the expense of the passenger.

 

ROUND TRIP FARES

When a ticket is purchased or reissued, the fare applicable to a round trip will be one of the following:

A. The single factor round trip fare

B. The sum of all one-way single factor fares for all flight segments of the trip

 

CIRCLE TRIP FARES

When a ticket is purchased or reissued, the fare applicable to a circle trip will be the sum of 50% of the applicable round trip fares for the respective segments.

 

STOPOVERS

Stopovers will be permitted only upon payment of the combination of applicable fares, or stopover charges when provided, for the individual flight segments of the trip unless the applicable fare permits such stopovers. A stopover will occur when a passenger arrives at an intermediate or junction transfer point on a flight of any carrier and fails to depart from such intermediate or junction transfer point on:

A. The first flight on which space is available; or,

B. The first flight that will provide for the passenger’s earliest arrival at an intermediate or junction transfer point(s) or destination point, via the carrier and class of service as shown on the passenger’s ticket.

 

ROUTINGS

Each fare applies only to transportation via the intermediate cities specified by ADI in connection with such fare. Changes in routing may subject the passenger to an additional charge.

 

BAGGAGE ACCEPTANCE

General Conditions

ADI will accept for transportation as baggage such personal property as is necessary for, or appropriate for the wear, use, comfort, or convenience of the passenger for the purpose of the trip, subject to the following:

A. All baggage is subject to inspection by ADI, however, ADI is not obligated to perform an inspection of any baggage. ADI reserves the right, at any time, to either refuse to transport or remove from an aircraft any baggage that the passenger refuses to submit for inspection.

B. ADI reserves the right to refuse to transport baggage on any flight other than the flight carrying the passenger.

C. ADI reserves the right to refuse to accept property for transportation if:

(1) The size, weight, or character of such property renders it unsuitable for transportation on the particular aircraft which is to transport it;

(2) The property cannot be accommodated without harming or annoying passengers; or,

(3) The property is not suitable or adequately packaged to withstand ordinary handling unless the passenger has executed a release form.

 

D. ADI will not accept baggage or other personal property for storage.

E. ADI will check baggage which is tendered by a passenger only upon presentation by the passenger of a valid ticket for transportation over the lines of ADI, or over the lines of ADI and one or more other carriers, subject to the conditions specified below:

(1) The passenger’s name must appear on the baggage.

(2) Baggage will not be checked:

• To a point that is not on the passenger’s routing.

• Beyond the passenger’s next point of stopover or, if there is no stopover, beyond the final destination designated on the ticket.

• Beyond a point at which the passenger wants to reclaim the baggage or any portion thereof.

• To a point which is intermediate to the passenger’s next point of stopover, or if none, intermediate to the final destination

 

Restricted Articles

ADI will not accept for carriage any baggage which contains or is comprised of any materials which are defined as Hazardous Materials. The term “Hazardous Materials” shall refer to the following:

 

A. Those substances included within the definitions of hazardous substance, hazardous material, toxic substance, regulated substance, or solid waste in the Comprehensive Environmental Response, Compensation and Liability Act, U.S.C. Section 9601 et seq; the Resource Conversation and Recovery Act, 42 U.S.C. Section 6901 et seq, and the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq and in the regulations promulgated thereto;

B. Those substances listed in the United States Department of Transportation Table (49 CFR. Section 172.101 and amendments thereto) or by the Environmental Protection Agency as hazardous substances (40 CFR. Part 302 and amendments thereto); and,

 C. Those substances listed in the International Air Transport Association (“IATA”) Dangerous Goods Regulations. Notwithstanding the foregoing, limited quantities of dry ice, not to exceed 5.5 lbs. per package, will be accepted for carriage as checked baggage provided that the baggage is properly designed to permit the release of carbon dioxide and the container is clearly labeled, on the outside, “DRY ICE” or “CARBON DIOXIDE SOLID”. Personal items or gate checked bags can only contain 4.4 lbs. of dry ice. The package must also have stated on the outside: (i) the amount of dry ice inside the package and (ii) the contents inside the package that are being cooled. There is no limit to the number of packages on any one flight.

D. Other Hazardous Items

(1) ADI will not allow smart luggage on flights unless the lithium battery can be removed and carried in the cabin. If the battery cannot be removed, the bag will not be allowed to fly.

(2) Hoverboards are not allowed on ADI flights (checked or in the cabin)

(3) Spare batteries for other devices, fuel cells, and e-cigarettes are permitted in the cabin only.

 

Fragile and Perishable Items

ADI will refuse to accept property for transportation that is not suitably packaged to withstand ordinary handling. Fragile and perishable items will be accepted only if appropriately packaged in an original factory sealed carton or a container designed for shipping such items. ADI will not be liable for any damage or loss to the contents of cardboard boxes which are checked for baggage, including items placed in cardboard boxes provided by ADI. Fragile items without appropriate packaging will only be accepted and/or transported at the passenger's sole risk. Please see “Exclusion from Liability” under the “Claim Limits and Procedures” section of this Contract for more information. Some examples of fragile/ perishable articles include, but are not limited to:

• optics, artistic items, china-ware/ceramics/pottery, electronic and mechanical items, liquids, flimsy garment bags and suit/dress covers, glass, musical instruments, business papers, photographic/video equipment, cell phones/pagers and chargers, computer and all accessories, heirlooms, collectibles, unsuitably protected recreational and sporting goods, animal horns and antlers, food, plants, and medication.

 

Human or Animal Remains

ADI will accept crematory containers, containing human or animal remains, as checked baggage or carried on board if cleared using Transportation Security Administration (TSA)- approved screening procedures. Container cannot be opened. If the crematory container produces an opaque image on x-ray, the container may not be carried on board, but will have to be transported as checked baggage. If the crematory container containing remains sets off an explosive detection alarm, and the source of the alarm cannot be verified by TSA, the container will not be permitted on board the aircraft at all. Empty crematory containers are allowed to be opened for the screening process, if needed.

 

ACCEPTANCE OF BAGGAGE: SPECIAL ITEMS

The following are special items that will be accepted as checked or gate-checked baggage, subject to specified conditions and payment of charges when applicable:

 

Firearms and ammunition (checked baggage only)

In accordance with Federal Law, a passenger who presents baggage which contains a firearm and/or ammunition must declare that the firearm is unloaded and ammunition is properly packaged. The passenger must sign a “Firearms Unloaded” declaration tag. The declaration tag will be properly placed inside the baggage containing the firearm and/or ammunition by an ADI Agent. Properly packaged small arms ammunition, up to a maximum of eleven (11) pounds, may be checked as baggage. The ammunition may be packed in the same container as the firearm or in a separate container. One item of shooting equipment per passenger will be allowed in place of one checked bag only when permitted by governmental regulations and ADI Firearms Policy.

For more information concerning conditions of acceptance of firearms and/or ammunition as baggage, see the “Sporting Equipment” paragraph of this section.

 

NOTE

Empty gun cases may be accepted as checked baggage, however the Firearms Unloaded/Ammunition tag that will be enclosed in the case must indicate “Case Empty”.

Infant Carrying Seats

A government-approved infant carrying seat with the label affixed stating, “This has been approved for motor vehicle and aircraft use”, will be accepted for transportation in the passenger compartment. This may occur only when an additional window seat is reserved for the infant, a ticket is purchased, and the carrying seat can be properly secured by the seat belt so that the seat back of the infant carrier does not impede the egress in an emergency. If an additional seat is available on the flight, the infant may occupy the seat, without the purchase of ticket, with the approval of the flight crew, and within the requirements listed herein.

Musical Instruments, Fragile, or Bulky Items

ADI accepts musical instruments, fragile, or bulky items as cabin-seat baggage subject to advance arrangements and applicable charges as set forth in the “Cabin-seat Baggage and Charges” section of this Contract. Bass violins and cellos will only be accepted as cabin-seat baggage and are subject to cabin seat baggage charges.

Sporting Equipment

One item of the following sporting equipment will be checked free of charge by ADI as a part of the checked baggage allowance defined in the “Free Baggage Allowance” section of this Contract.

A. Bowling Equipment: One item of bowling equipment is: one (1) bowling ball, one (1) bowling bag, and one pair of bowling shoes.

B. Fishing Equipment: One item of fishing equipment is: two (2) rods, one (1) reel, one (1) landing net, one pair of fishing boots (properly encased), and one (1) fishing tackle box.

C. Golfing Equipment: One item of golfing equipment is: one (1) golf bag containing not more than 14 golf clubs, 12 golf balls, and one pair of golf shoes.

D. Shooting Equipment: Items of shooting equipment will be accepted only as checked baggage subject to the conditions specified below:

(1) one (1) rifle or one (1) pistol case containing firearms and accessories appropriate to the design of the case

(2) Or, one (1) bow and quiver of arrows with maintenance kit enclosed or container of sufficient strength to protect the bow and quiver with arrows from accidental damage.

(3) Conditions of acceptance:

 

Firearms must be unloaded and a “Firearms Unloaded” declaration must be signed by the passenger indicating that the firearm is unloaded and/or ammunition is properly packaged. The tag shall be placed inside the container by an ADI employee.

 

Firearms/ammunition must be packed as follows:

• Rifles and/or shotguns must be packed in a locked hard-sided case. Rifles and/or shotguns packed in soft-side cases will not be accepted

• Handguns must be packed in a locked hard-side gun case. The locked hard- side gun case may be placed inside a piece of checked baggage. Handguns in soft-side cases will not be accepted.

• The gun case must be locked at the time of acceptance, and the key or lock combination retained in the passenger's custody.

• Ammunition must be declared and packed in the manufacturer’s original container, or securely packed in a fiber, wood, or metal box to prevent movement of cartridges. The ammunition inside the container must be protected against shock and secured against movement.

• Loaded ammunition clips and magazines must also be securely boxed or included within a hard-sided case containing the unloaded firearm.

The passenger is responsible for knowledge of and compliance with all Federal, State or local laws regarding the possession and transportation of firearms.

For more information about firearms and ammunition in checked baggage you may visit the TSA website.

E. Skiing Equipment: One item of skiing equipment is: one pair of skis, one pair of ski poles, one pair of ski bindings, and one pair of ski boots; or one (1) snowboard, one set of bindings, and one pair of boots.

 

NOTE

Items in excess of the allowance will be subject to excess baggage charges listed in the “Baggage Allowance” section of this Contract, for a single piece whether or not presented as a single piece.

 

NOTE

If the total number of items of sporting equipment (as defined herein above) per passenger, plus the total number of other items of baggage per passenger, is in excess of the free baggage limit per passenger, excess bag charges will apply.

 

The following sporting equipment will be accepted by ADI as checked baggage, but only as excess baggage to which excess bag charges shall apply. Each of the following sporting equipment items will be subject to a specified excess bag charge per item whether or not the items are presented as a single piece.

A. Bicycles

One item of bicycle equipment is: one (1) bicycle. ADI will accept non-motorized touring or racing bicycles with single seats. Bicycles must have the handlebars fixed sideways and the pedals removed, or must be placed in a cardboard container, or the pedals and the handlebars must be encased in plastic foam or similar material.

Charge: $50.00 USD per single item

B. Scuba-Diving Equipment

One item of scuba diving equipment is: one (1) empty scuba tank, one (1) regulator, one

(1) pressure gauge, one (1) mask, two (2) fins, one (1) snorkel, one (1) knife, one (1) spear gun, and one (1) BC-vest. These items must be placed in a container so as to avoid damage to any of the equipment.

Charge: $50.00 USD per item

 

NOTE

ADI does not provide bags or boxes for such items as listed above.

Animals as Checked Baggage

ADI will accept domesticated dogs, cats, rabbits, and household birds (canaries, finches, or parakeets only). ADI will not accept wild or exotic animals; such as reptiles, amphibians, insects, or arachnids. The passenger must receive pre-approval for carriage of any animal not covered herein by contacting the Customer Relations Department.

Only one (1) animal/kennel per ticketed passenger is allowed.

The animal must be contained in a kennel or container which is subject to inspection and approval of ADI prior to acceptance.

The animal must be harmless, inoffensive, odorless, and require no attention during transit.

The passenger must provide, for each animal traveling as checked baggage, a health certificate issued by a veterinarian. The certificate must be issued:

(1) within ten (10) days of originating travel

(2) within thirty (30) days of return travel on the same ticket

(3) within ten (10) days when return travel is on a separate ticket

Temperature restrictions may apply. If the temperature in either the origin or destination city is extremely hot (above 80 degrees) or cold (below 32 degrees), the pet may be denied boarding in the cargo compartment. When a certificate of acclamation is signed by an accredited veterinarian and issued no more than ten (10) days before travel, animals can be accepted above/below these maximums as long as the acclamation temperature is stated on the certificate.

 

Pets transported as baggage or cargo may not be placed in the cabin of the aircraft. Animal Containers/Kennels

All animal containers/kennels must be provided by the passenger and must meet the provisions below:

(1) The container must be leak proof

(2) The container must be ventilated on at least two sides

(3) Must prevent any part of the animal from protruding outside of the container

(4) The container must be constructed of metal, wood, polyethylene plastic, or a composite material of similar strength (CANNOT be a Collapsible Kennel)

(5) The container must have handhold's for lifting without tilting or placing hands inside the kennel

(6) The interior of the container must be clean and dry with adequate absorbent material

(7) The container will have two (2) dishes or one (1) divided dish for food and water,

(8) The container will have a clear bag (small Ziploc) of food attached to the top of the kennel.

(9) Only one (1) animal will be allowed per container and the animal must be able to stand up in the kennel. Litter mates under six (6) weeks old can travel with or without their mother. All litter mates (and their mother, if applicable), must be able to turn around in the kennel.

EXCEPTION: Greyhounds and Whippets are not required to be able to turn around in the kennel due to their fragile spines.

 

(10) Extra-large kennels are not allowed on any ADI aircraft. Only one (1) large kennel type 400-36Lx24Wx26H or two (2) small/medium kennels type 200/300- max 32Lx22Wx23H are allowed per aircraft. If space allows, additional kennels may be accepted as checked baggage.

 

Animal Antlers / Trophies

 

ADI will accept animal antlers, up to a maximum size of 115 linear inches, as checked baggage, as long as the tips are protected to prevent damage to other baggage and personnel. ADI assumes no liability for damage to or loss of these items.

 

Charge: $50.00 USD per single item Wheelchairs/Assistive Devices

ADI shall provide assistance requested by qualified individuals with a disability in the enplaning and deplaning process.

This assistance shall include, as needed, the services of personnel and the use of ground wheelchairs and boarding chairs.

Wheelchairs and other assistive devices shall be accepted in addition to the free baggage allowance and carry-on limits, subject to size constraints of the aircraft.

No charge shall be imposed if weight limit on a checked wheelchair or assistive device is exceeded.

Wheelchairs will be stowed in the cargo compartment with priority over other cargo and baggage.

Battery-powered wheelchairs shall be accepted when:

 

(1) A 48-hour advance notice of intent to check wheelchair is requested

(2) A one (1) hour advanced check-in is required

(3) Batteries must be disconnected and terminals protected against electrical shorting

(4) Packaging for a detached battery will be provided

 

Canes and other assistive devices may be stowed on board the aircraft in close proximity to the passenger’s seat, subject to safety requirements.

 

CHECKED BAGGAGE

ADI will check baggage, which is tendered by a passenger, upon presentation by a passenger of a valid ticket for transportation over the lines of ADI, or over the lines of ADI and one or more other carriers, subject to the conditions specified below:

 

A. Baggage must be checked at the airport at least 45-minutes in advance of flight departure but no more than four (4) hours before scheduled flight departure time.

B. The passenger's name must appear on the baggage.

C. Baggage will only be checked to:

 

(1) A point that is on the passenger's routing.

(2) The passenger's next point of stopover, or if there is no stopover, the final destination on the ticket.

 

D. ADI must have a fully executed ticketing/baggage agreement with the connecting carrier.

Carry - On Baggage

 

ADI has a “no carry-on policy”. Only one personal item will be allowed per ticketed passenger in the cabin of the aircraft. All standard sized carry-on baggage will be gate checked. Personal items include the following:

• Purse

• Briefcase

• Computer and case

• Diaper bag

• Other similar size item (backpack, small duffel bag, portfolio)

 

NOTE

In addition to the ONE personal item, a passenger may carry, within reason: a coat, an umbrella, reading material, food for immediate consumption, infant restraining device or passenger assist/comfort animals and devices.

 

Upon request by the passenger, a fragile and/or bulky item may be accepted by ADI as cabin- seat baggage subject to the provisions in the “Cabin-seat Baggage and Charges” section of this Contract.

 

CABIN-SEAT BAGGAGE AND CHARGES

Seat Baggage

When a passenger requests that an item of baggage be carried in the cabin, and it is determined by ADI that the item is too fragile and/or bulky for storage in either the overhead compartments or under a seat, ADI will require the passenger to purchase assigned cabin- seat space for the baggage and secure the baggage in such assigned cabin-seat space.

 

Charges

For each assigned cabin-seat space to be occupied by seat baggage, ADI will collect a charge in the amount of 50% of the Y fare or 100% of the lowest available unrestricted fare; whichever fare is lower. Lower fares may be available if purchased in advance by calling our Reservations Call Center. The cabin-seat baggage will not be included in determining the free baggage allowance or any excess baggage charges.

 

FREE BAGGAGE ALLOWANCE

ADI will accept and transport free of charge only three (3) pieces of luggage (2 checked, 1 gate- check), subject to the presentation of a valid ticket and to the provisions of the “Dimensions,” “Weight,” and “Pooled Luggage” sections below. Any additional piece of luggage will be deemed to be excess and subject to excess baggage charges, as set forth below.

 

Dimensions

The first piece must not exceed 62” and any additional piece must not exceed 55” (Length + Width + Height).

 

NOTE

Only one personal item is allowed inside the cabin of the aircraft. All standard “carry-ons” that meet dimension requirements, will be gate checked.

 

Weight

No piece of luggage, as part of the Free Baggage Allowance, can exceed 50-pounds. Each piece of luggage that weighs 51 - 70 pounds will be deemed to be overweight baggage and subject to oversize/overweight baggage charges as set forth below.

 

Pooled Luggage

Members of the same family or groups of passengers traveling together for the same purpose may pool their baggage to make full use of each individual's Free Baggage Allowance.

EXCEPTION 1: Certain sporting equipment items, as identified in the “Sporting Equipment” category of the “Acceptance of Baggage: Special Items” section of this Contract, may be treated as items of baggage for purposes of determining the Free Baggage Allowance.

 

EXCEPTION 2: In addition to the maximum allowances provided above, each fare paying passenger may have on their person, without additional charge, the following personal articles, within reason, so long as such articles remain at all times in the passenger’s custody:

• A handbag, pocketbook, organizer or briefcase

• An overcoat or wrap

• An umbrella

• A camera

• A reasonable amount of reading material for the flight

• A reasonable amount of infant/child paraphernalia that fits under the seat or in the overhead bin

• Crutches/canes/braces or other prosthetic device on which the passenger is dependent

• Food for immediate consumption

 

NOTE

The above items must fit in the overhead compartment, garment closet, and/ or beneath/along side the seat in front of the passenger.

 

EXCESS, OVERSIZE, OVERWEIGHT BAGGAGE CHARGES

Baggage in excess of the Free Baggage Allowance specified above will be accepted for transportation only upon the payment of the excess baggage charges set forth in this section, at the discretion of ADI, and further subject to cargo weight and space restriction at the time of departure. Excess baggage charges and oversize/overweight baggage charges will apply from the point at which baggage is accepted for transportation to the destination point to which the baggage is checked or transported in the passenger compartment. Baggage connecting to other airlines may also be subject to additional excess baggage charges and/or oversize, overweight charges imposed by such other airlines. These additional charges will also be collected by ADI.

 

Excess Baggage Charges Charge: $50.00 USD per piece

Oversize/Overweight Baggage Charges

Any container or bag which exceeds the dimensions permitted in the Free Baggage Allowance, but is less than 80-inches in overall measurement, with no single dimension greater than 72-inches.

Charge: $50.00 USD per piece

 

NOTE

ADI does not accept pieces greater than 80-inches as checked baggage.

Baggage weighing over 50-pounds but not more than 70-pounds will be accepted.

Charge: $50.00 USD per piece

 

NOTE

ADI does not accept pieces weighing more than 70-pounds as checked baggage.

 

NOTE

The above Oversize/Overweight Baggage Charges are in addition to any Excess Baggage Charges applicable from the “Excess Baggage Charges” section above.

 

NOTE

Military personnel on active orders will not be charged bag fees.

 

CLAIM LIMITS AND PROCEDURES

Liability General

Unless otherwise preempted by Title 14, Code of Federal Regulations, Section 254.4, liability, if any, for the loss of, damage to, or the delay in delivery of any personal property, baggage (whether such baggage has been checked, carried on, or otherwise delivered into the custody of ADI) shall not be more than $750.00 USD per ticketed passenger. ADI will reimburse the passenger for the reasonable, documented direct property damages suffered by the passenger as a result of any loss, damage, or delay in delivery of any personal property or baggage carried on board an ADI flight or checked by a passenger into the custody of ADI, provided that the passenger has exercised reasonable effort to minimize the amount of damage. Actual value for reimbursement of any lost or damaged property shall be determined by presentation by the passenger of written documentation of the original purchase price of the property (e.g. invoice, sales receipt) less any applicable depreciation for prior usage.

 

ADI liability for baggage loss, damage, or delays is not to exceed $3,500.00 USD per fare- paying passenger domestically when itinerary involves both ADI and code share partners; or jointly ticketed with a carrier in which ADI has a ticketing and baggage agreement; and that joint segment is operated with an aircraft with over 60 seats.

 

Liability for mobility aids and devices shall be limited to the original purchase price.

 

Exclusion from Liability

ADI shall not be liable for loss of, damage to, or delay in delivery of any perishables, liquids, or fragile items which, in the sole discretion of ADI, are unsuitably packed. Transportation of any such perishables, liquids, or fragile items that are unsuitably packed is at the passenger's sole risk.

 

ADI shall not be liable for:

A. Articles carried in the passenger compartment of the aircraft.

B. Antiques, artifacts, blueprints, books and manuscripts, business documents, cell phones and pagers as well as their accessories, collectibles, compact discs (CD’s), computer equipment (including hardware, software and all accessories), custom-made items, digital video discs (DVD’s), electronic/electrical equipment and their accessories, files, fragile articles, hand and power tools, heirlooms, jewelry, keys, machinery and/or their parts, medications/prescriptions, money, musical instruments, natural fur products, negotiable papers, optics, paintings/works of art, perishable items, photographic/video/digital equipment and accessories, precious metals, publications, samples, securities, silverware, sound reproduction equipment, tobacco and all accessories, toys and unsuitably protected recreational and sporting equipment and other similar valuable items and commercial effects included in checked baggage.

C. If checked baggage is accepted less than 45-minutes before departure, ADI will not be liable for any losses or damages suffered, or expenses incurred, including, but not limited to, delivery expenses, as a result of the baggage not being loaded on the same flight as the passenger.

D. If a ticket is used by any person other than the person to whom such ticket was issued, ADI will not be liable for either (i) the destruction, charges, or delay of such unauthorized person's baggage or other personal property or (ii) the death or injury of such unauthorized persons arising from or in connection with such person's unauthorized use of the ticket.

E. ADI is not liable for normal wear and tear to baggage or property, including but not limited to scratches, small dents, rips, tears, and soiling. ADI is not liable for damaged or missing telescopic handles, straps, zippers, feet, wheels or wheel casings. ADI will not be liable for damage to baggage or damage to/loss of baggage contents that is the result of over- packing or misuse.

F. ADI is not liable for any internal damage to baggage or baggage contents if the degree of outside damage to the baggage does not reasonably indicate that such internal damage occurred or could have occurred.

 

Time Limitations

Preliminary Baggage Notice: ADI will not be liable for loss of, damage to, or delay in the delivery of any baggage unless notice is submitted in person to ADI within four (4) hours after the arrival of the flight on which the loss or damage is claimed to have occurred. Appropriate forms will be provided by ADI.

In addition to the Preliminary Baggage Notice being given within four (4) hours, written notice of a claim for lost, damaged or delayed delivery baggage must be given by the passenger within 30-days of the alleged incident. If this does not occur, ADI will not review or process any such claim filed with ADI.

 

FAILURE TO OPERATE ON SCHEDULE OR FAILURE TO CARRY

Flight Schedules are Not Guaranteed

ADI will exercise reasonable efforts to carry passengers and their baggage according to the published schedules of ADI and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or published schedules of ADI are not guaranteed and form no part of this contract. ADI may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule, ADI will have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which ADI carries the passenger from the ticketed origin to destination.

 

Liability of ADI in the Event of Schedule Changes, Delays and Flight Cancellations

In the event of flight cancellation, diversion, delays of greater than 90-minutes, or delays that will cause a passenger to miss connections, ADI will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with “Involuntary Refunds” conditions of carriage. If the passenger does not request a refund and cancellation of the ticket, ADI will transport the passenger to the destination on the next ADI flight. At the sole discretion of ADI and if acceptable to the passenger, ADI may arrange for the passenger to travel on another carrier or via ground transportation.

 

Liability of ADI for Additional Amenities in the Event of Schedule Changes, Delays and Flight Cancellations

Except as provided above, ADI shall have no liability if the flight cancellation, diversion or delay was due to force majeure. As used in this rule, “force majeure” means actual, threatened or reported:

A. Weather conditions or acts of God

B. Strikes, work stoppages, slowdowns, lockout, or any other labor-related dispute

C. Riots, civil unrest, embargoes, war, hostilities, or unsettled international conditions

D. Government regulation, demand, directive or requirement

E. Shortages of labor, fuel, or facilities

F. Any other condition beyond the control of ADI or any fact not reasonably foreseen by ADI

 

However, when for reasons other than force majeure, a passenger’s travel is interrupted for greater than four (4) hours after the scheduled departure time as a result of flight cancellation or delay on the date of travel, ADI will provide the passenger with the following additional amenities during the delay:

A. Hotels - If overnight accommodations are available at ADI contracted facilities, ADI will provide the passenger with a voucher for one night‘s lodging when the delay is during the period of 10:00 pm to 6:00 am. ADI will provide free public ground transportation to the hotel if the hotel does not offer such service. If accommodations are not available, ADI will provide the passenger with a voucher that may be applied to future travel on ADI equal in value to the contracted hotel rate, up to $100.00 USD.

EXCEPTION: This amenity is not available to passengers who are domiciled in the area where the cancellation, delay, or interruption occurs.

B. Meals - ADI will offer a meal voucher for each ticketed passenger. Dollar value $20.00 USD per voucher. Advise passenger they will have to mail the voucher and food receipts to the address on the voucher, attention Customer Service.

Additional Amenities

ADI will provide such additional amenities as are necessary to maintain the safety and/or welfare of customers with special needs such as unaccompanied children and customers with disabilities. Such amenities will be furnished consistent with special needs and/or circumstances.

C. Credit - In lieu of the amenities set forth under the “Failure to Operate on Schedule or Failure to Carry” section of this contract, ADI will, at its discretion and with the passenger’s approval, compensate the passenger with credit valid toward the purchase of transportation. The credit will be valid for travel only on ADI within 365-days from the date of issue and will apply only to online transportation via ADI, may not be endorsed to or accepted by any other carrier, and is not refundable to, saleable by, transferable by, or assignable by the passenger.

 

DENIED BOARDING COMPENSATION

When, with respect to a nonstop flight segment originating at a point within the United States, ADI is unable to provide previously confirmed space due to more passengers holding confirmed reservations and tickets than there are available seats on the flight and/or the flight is weight restricted. The rights of passengers who are denied boarding shall be governed by this rule.

 

For the purpose of this rule, the following terms have the meaning indicated below:

A. Airport - the airport at which the direct or connecting flight, on which the passenger holds confirmed reserved space, is scheduled to arrive, or some other airport serving the same metropolitan area that is served by the former, provided that transportation to the other airport is accepted and used by the passenger.

B. Alternate transportation - air transportation with a confirmed reservation at no additional charge, operated by a Carrier as defined below, or other transportation accepted and used by the passenger in the case of denied boarding

C. Carrier - (i) a direct air carrier, except a helicopter operator, holding a certificate issued by the Department of Transportation pursuant to 49 U.S.C. 41102 or that has been found fit to conduct commuter operations under 49 U.S.C. 41738, or an exemption from 49 U.S.C. 41102, authorizing the scheduled transportation of persons; or (ii) a foreign air carrier holding a permit issued by the Department pursuant to 49 U.S.C. 41302, or an exemption from that provision, authorizing the scheduled foreign air transportation of persons.

D. Confirmed reserved space - space on a specific date and on a specific flight and class of service of a Carrier which has been requested by a passenger, including a passenger with a “zero fare ticket,” and which the Carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided therefore by the Carrier, as being reserved for the accommodation of the passenger.

E. Fare - the price paid for air transportation including all mandatory taxes and fees. It does not include ancillary fees for optional services.

F. Stopover - a deliberate interruption of a journey by the passenger, scheduled to exceed 4 hours, at a point between the place of departure and the final destination.

G. Zero Fare Ticket - a ticket acquired without a substantial monetary payment such as by using frequent flier miles or vouchers, or a consolidator ticket obtained after a monetary payment that does not show a fare amount on the ticket. A zero fare ticket does not include free or reduced rate air transportation provided to airline employees and guests.

 

Voluntary

Request for Volunteers - Before denying boarding to any passenger holding a confirmed reservation on an oversold/overweight flight, ADI will ask other passengers on the flight to voluntarily give up their seat in exchange for compensation in an amount and form to be determined by ADI in its sole discretion. If a sufficient number of volunteers agree to give up their seats in response to an offer from ADI, then no passenger with a confirmed reservation will be involuntarily denied boarding. If there are more volunteers than required, selection of the volunteer(s) to receive compensation shall be subject to the sole discretion of ADI.

 

Involuntary

If an insufficient number of passengers volunteer to give up their seats in response to the ADI offer, ADI may involuntarily deny boarding to one or more passengers on the oversold/ overweight flight according to the following boarding priority rules:

A. Passengers that checked in after the specified times stated in the ADI contract of carriage will be denied first.

B. Passengers not traveling in a group, will be denied according to check-in time.

C. Because of the special needs of passengers with disabilities, unaccompanied children, aged or infirm passengers, and active members of the U.S. Armed Forces on travel orders, ADI reserves the right to accommodate such passengers without regard to the boarding priorities established by this provision.

 

Transportation for Passengers Denied Boarding

A. Next Available ADI Flight - ADI will transport the passenger on its next flight on which space is available to the passenger’s next stopover, or if none, to the passenger’s destination, at no additional cost to the passenger.

B. Transportation on Other Airlines - At ADI’s sole discretion, ADI may instead arrange for transportation on any other carrier or combination of carriers to the passenger’s next stopover, or if none, to the passenger’s destination, at no additional cost to the passenger.

Compensation for Involuntary Denied Boarding

 

When a passenger with a confirmed reservation is involuntarily denied boarding on an oversold/overweight flight pursuant to this rule, the sole liability of ADI to the passenger shall be to provide alternative transportation as provided in the “Transportation for Passengers Denied Boarding” paragraph above, and to pay denied boarding compensation, if applicable, pursuant to the terms and conditions of this rule.

 

Conditions for Payment of Involuntary Denied Boarding Compensation

The passenger shall not be entitled to any compensation for involuntary denied boarding if:

A. Passenger Fails to Comply with Contract of Carriage - The passenger has not complied fully with the ADI Contract of Carriage or tariff provisions regarding ticketing, reconfirmation, check-in, or acceptability for transportation

B. Substitution of Equipment - The flight for which the passenger holds confirmed space is unable to accommodate that passenger because of substitution of equipment of lesser capacity when required by operational or safety reasons; or, on an aircraft with a designed passenger capacity of 60 or fewer seats, the flight for which the passenger holds confirmed reserved space is unable to accommodate that passenger due to weight/ balance restrictions when required by operational or safety reasons.

C. Alternative Transportation - ADI arranges comparable air transportation, or other transportation used by the passenger, at no extra cost to the passenger, that at the time such arrangements are made is scheduled to arrive at the passenger’s next stopover, or, if none, final destination within one hour after the planned arrival time of the passenger’s original flight or flights.

D. The flight was canceled

E. The passenger is an employee of ADI or of another carrier or other person traveling without a confirmed reserved space.

Amount of Involuntary Denied Boarding Compensation

 

If all conditions for compensation are met, then ADI shall pay compensation to passengers involuntarily denied boarding in an amount to be calculated as follows:

 

A. When ADI arranges Qualifying Alternative Transportation - If ADI arranges Qualifying Alternative Transportation, then ADI will pay denied boarding compensation in an amount equal to 200% of the fare (including any surcharges and air transportation taxes) to the passenger’s next stopover, or if none, to his/her final destination, but no more than

$675.00 USD. Qualifying Alternative Transportation means comparable air transportation, or other transportation used by the passenger, at no extra cost to the passenger, that at the time such arrangements are made is scheduled to arrive at the passenger’s next stopover, or, if none, final destination within two (2) hours after the planned arrival time of the passenger’s original flight or flights.

B. Where ADI cannot arrange Qualifying Alternative Transportation - If ADI cannot arrange Qualifying Alternative Transportation, then ADI will pay denied boarding compensation in an amount equal to 400% of the fare (including any surcharges and air transportation taxes) to the passenger’s next stopover, or if none, to his/her final destination, but no more than $1350.00 USD.

C. If a passenger was removed because of weight limitations, refer to the “Liability of ADI for Additional Amenities in the Event of Schedule Changes, Delays and Flight Cancellations” section of this Contract for applicable compensation.

Time of Payment for Involuntary Denied Boarding Compensation

 

If all conditions for compensation are met, ADI will pay any involuntary denied boarding due under this Rule on the day and at the place where the denial of boarding occurred, in cash or immediately negotiable check; provided, however, that if the alternative transportation arranged for the passenger’s convenience departs before the payment can be made to the passenger, then payment will be made by mail or other means within 24-hours after the denied boarding occurs.

 

INVOLUNTARY REFUNDS

The amount that ADI will refund upon surrender of the unused ticket or portion of the passenger’s ticket, pursuant to the “Refusal to Transport”, “Acceptance of Children,” or “Failure to Operate on Schedule or Failure to Carry” sections of this Contract, will be:

A. If no portion of the ticket has been used: the amount of the refund shall be an amount equal to the fare and charges paid; provided, however, that ADI shall not be obligated to refund any portion of an unused ticket which does not reflect a confirmed reservation on an ADI flight, unless such ticket was issued on ADI ticket stock.

B. If a portion of the ticket has been used:

(1) If the ticket reflects one or more one-way type fares purchased:

• If travel was terminated at an origination/destination point, as reflected on the ticket, the amount of the refund shall be the amount of the fare paid for the unused segment(s).

• If travel was terminated at an intermediate or stopover point, the amount of refund shall be the amount of the one-way fare from the point of termination to either the destination named on the ticket or the point at which transportation is to resume, with the amount of such refund being limited to the amount of the lowest one-way fare for such travel for the class of service indicated on the ticket, less any discount received by the passenger on the original ticket.

(2) If the ticket reflects either a round trip or excursion type fare purchased;

• Round-trip, circle-trip, or open-jaw trip - the amount of the refund shall be 50% of the amount of the round-trip or excursion fare, from the point of termination to the destination/stopover point named on the ticket or to the point at which transportation is to resume, for the class of service indicated on the ticket and booking class paid for.

• If no fare of the type paid by the passenger for the passenger's original ticket is published between the point of termination to the destination or point at which transportation is to resume, the amount of the refund will be in the same proportion to the total amount paid by the passenger for the original ticket as the normal coach fare published between the point of termination and destination named on the ticket or to the point at which transportation is to resume is to the normal coach fare for all flights from the passenger's point of origin to the passenger's destination point.

 

ADI will not issue a refund for:

A. Any portion(s) of a ticket, which does not reflect a confirmed reservation on an ADI flight, unless such ticket was issued on ADI ticket stock.

B. An amount that exceeds the fare paid for the portion(s) being refunded.

 

VOLUNTARY REFUNDS

General

If the sections “Refusal to Transport,” “Flight Delays/Cancellations,” or “Involuntary Refunds” are not applicable, and a passenger requests a refund for a ticket issued on ADI ticket stock, then upon surrender of the unused portion(s) of the ticket, ADI will issue such refund to the passenger upon satisfaction of the following conditions:

A. If no portion of the fully refundable, unrestricted ticket has been used, the amount of the refund will be the amount equal to total amount of the fare and the charges applicable to the ticket, as issued to the passenger.

B. If a portion of the fully refundable, unrestricted ticket has been used, the amount of the refund for the unused portion of the ticket will be the amount equal to the difference between the amount shown in the “Total” box on the ticket less the total amount of the fares and the charges applicable to the transportation of the passenger covered by the used portion of the ticket.

C. Refunds will be issued in accordance with paragraphs A and B above, provided an application for refund has been postmarked no later than the expiration date of the ticket.

D. ADI shall not be obligated to issue a refund for any portion of a ticket that does not reflect a confirmed reservation on an ADI flight unless such ticket was issued on ADI ticket stock.

E. No refund will be given for tickets issued for “non-refundable” type fares. If a ticket is comprised of one or more non-refundable round-trip fares, the amount shown in the “Total” box on the ticket will be non-refundable. If a ticket is comprised of one or more non-refundable one-way fares, any portion that is comprised of a non-refundable type fare will be non-refundable.

F. If a passenger requests a voluntary refund of a non-refundable, restricted ticket, ADI will only issue a travel voucher, good for future travel on ADI only, for the amount of the unused portions, less a $100.00 USD cancellation fee.

 

EXCEPTION: In the event of death of the passenger, a refund in the full amount of the fares for all unused portions of the deceased passenger's ticket will be issued to such passenger's estate in accordance with the provisions of applicable guidelines listed above. A certified copy of the deceased passenger's death certificate must accompany the application for refund to be submitted to ADI.

Person to Whom Refund is Made

Except as provided below, ADI will issue a refund only to the person named as passenger on the ticket.

A. Tickets Refunded to Purchaser Only:

Refund of Tickets as Described Below: Will be made only to:

In exchange for a Prepaid Ticket Advice The issuer of the Prepaid Ticket Advice

In exchange for an 846 Special Service Mis- cellaneous Charge order The purchaser of the 846 Special Service Miscellaneous Charge Order.

Under a Universal Air Travel Plan The subscriber against whose account the ticket was charged.

Against a Transportation Request, issued by a government agency, other than a US

government agency. The government agency which issued the transportation request.

 

Against a US Government Transportation Request. The US government agency which issued the US Government Transportation Request with a check payable to the “Trea-

surer of the United States.”

Tickets for transportation via ADI issued against a credit card. The account of the person to whom such credit card has been issued.

B. Tickets Refundable to Person Other than Passenger:

(1) If, at the time of purchase, the purchaser designates on the ticket another person to whom the refund shall be made, the refund will be issued to the person so designated. A refund made in accordance with this procedure to a person representing himself/herself as the person so designated in the ticket or exchange order shall be deemed a valid refund and ADI will not be liable to the true passenger for another refund.

(2) If, at the time of application for refund, evidence is submitted that either (i) a company purchased the ticket on behalf of an employee of such company, or (ii) a travel agency has made refund to the travel agency's client, then such refund will be issued directly to the employee’s company or to the travel agency.

 

Lost Tickets

A. Amount of Refund:

Subject to the rules herein above regarding non-refundable fares, if a passenger loses his/her ADI ticket, or any unused portion thereof, and provided such ticket was issued on ADI ticket stock, ADI will issue a refund to the passenger in the following amounts as applicable:

(1) The passenger has purchased a new ticket covering the same transportation as that covered by the unused portion of the lost ticket; the refund will be equal to the fare(s) and charges paid for the new ticket.

 

(2) The passenger has not purchased a new ticket covering the same transportation as that covered by the unused portion of the lost ticket; the refund will be equal to the fare(s) and charges paid for the lost ticket.

 

NOTE

For non-refundable/restricted tickets, any refund due will be issued in the form of a travel voucher

B. Application for Refund

(1) Time Limits - refund will be made in accordance with paragraph above provided that a written application for the refund is postmarked no later than the expiration date of the lost ticket.

(2) Where Filed - the application must be obtained at an ADI field station or an IATA Travel Agency and then forwarded, by the passenger or travel agent, to the Refund Department of ADI.

(3) Form of application - standard Lost Ticket Application. Facsimile will not be accepted.

(4) When payable - a refund will be processed at the end of a four (4) month waiting period subject to 5) and 6) below.

(5) Previous Use - ADI will issue a refund provided that the lost ticket or lost portion thereof has not been previously honored for transportation or refunded to any person.

(6) Indemnity - ADI shall not be liable for failure to identify the person using or presenting a ticket for refund as being the true owner of the ticket.

C. Service Charge

(1) ADI will collect a service charge in the amount of $100.00 USD per ticket for handling a request for issuance of a refund or replacement ticket for any lost ticket.

 

Aged Refunds

A ticket presented for refund more than one (1) year after the ticket issue date will not be refunded.

 

MISCELLANEOUS

Amendments

ADI reserves the right, at any time, to amend or modify these Terms and Conditions for Carriage of Contract, with such amendments or modifications to be effective for all air travel on ADI which commences after the date of such amendment or modification. The terms of this Agreement may only be waived, amended, or modified by means of a written document. Only an authorized officer of ADI has the authority to waive, amend, or modify any of the terms and conditions contained herein.

 

Headings

The paragraph heading herein are for convenience only and shall not affect the construction hereof.

 

Use of Terms

As used herein, words in any gender shall be deemed to include the other gender and the singular shall be deemed to include the plural, and vice versa.

 

Severability

If any provision in this Contract shall be held invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions of this Contract shall not be impaired thereby, nor shall the validity, legality or enforceability of any such defective provision be in any way affected or impaired in any other jurisdiction.

 

Damages

Except as otherwise provided for by law, the liability of a defaulting party under this Contract shall be limited to the actual and direct monetary damages caused by such breach.

 

Entire Agreement

This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and merges any prior written or oral agreements between the parties.

 

 

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