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Participant Agreement

 

1. General

When you purchase a seat on a Paws Airlines flight (PAWS), a contract is made, and each party has certain rights and obligations as set forth below.  Paws Airlines LLC is the authorized Public Charter operator, with an office at 801 Hangar Lane, Hangar #9, Nashville, TN 37217. The price of your trip, dates of the outbound and return flights, origin and destination cities, and other conditions are as specified in the applicable PAWS itinerary and your accepted reservation and are incorporated herein by reference.  Unless otherwise specified, the price includes only air transportation.

 

2. Reservations & Payments

Reservations may be made directly with PAWS. PAWS will review your travel documents and pet details within seven days of receiving your reservation request.  If everything is to PAWS’s satisfaction, you will be notified that your payment has been accepted and your reservation confirmed.  Until full payment has been received, you do not have a confirmed reservation.  If there is an issue with your travel details, you will receive a notification and phone call advising that your reservation is canceled.  Your payment is transmitted directly to PAWS’s public charter depository (escrow) account at JPMorgan Chase Bank, N.A. 

Additionally, a security agreement between PAWS and ACSTAR Insurance Company, 30 South Road, Farmington, CT 06032, protects your payment.  Unless you file a claim with PAWS, or if PAWS is unavailable, with ACSTAR Insurance Company within sixty (60) days of arrival (or in the case of a canceled charter, the intended date of arrival) of the last flight of your itinerary, ACSTAR Insurance Company shall be released from all liability to you under the security agreement.

 

3. Air Transportation

PAWS flights are operated by JetRight Aviation or a similarly situated air carrier, using Gulfstream G-IV/G-IVSP aircraft seating up to ten (10) passengers or similar aircraft.  JetRight Aviation supplies air transportation subject to all applicable laws and regulations governing the provision of commercial air transportation.  PAWS and JetRight Aviation reserve the right to substitute another duly licensed carrier and to change the aircraft type, capacity, and routing; no refund will be given for such substitutions or changes.  Additionally, subject to the provisions of this contract governing “Major Changes,” PAWS reserves the right to change the form of service from charter flight to scheduled flight and vice versa.  Consumer protections afforded to Public Charter passengers will apply only to those who travel on a Public Charter flight.  Passengers who travel on scheduled flights will receive only the consumer protections applicable to scheduled service.  Tickets issued or procured by PAWS are neither endorsable to other carriers nor usable on different routes of the same carrier.  Flight dates and times are not guaranteed.

 

4. Check-In Information

Please refer to your itinerary for check-in information.  Passengers must present themselves for check-in at least sixty (60) minutes before the scheduled departure time. If you are not at the boarding area at least thirty (30) minutes before scheduled departure, you will be considered a “no-show,” and your seat may be sold to a standby passenger.  In such event, neither PAWS nor JetRight Aviation shall be responsible or liable for your transportation. Please refer to Paragraph 6 below for additional information on no-shows.

 

5. Cancellations by PAWS, Price Terms and Major Changes

PAWS reserves the right to cancel a trip for any reason, provided PAWS notifies you in writing within seven (7) days after the cancellation occurs but by ten (10) days before the scheduled departure date. A full refund will be made within twenty-eight (28) days after such cancellation.  PAWS WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP.  If such a circumstance occurs, PAWS will notify you as soon as possible, and if the trip is canceled, PAWS will refund all monies within fourteen (14) days.  IF PAWS MAKES A PRE-DEPARTURE “MAJOR CHANGE” TO A TRIP, YOU MAY CANCEL UP TO TWENTY-FOUR (24) HOURS BEFORE DEPARTURE AND RECEIVE A FULL REFUND WITHIN FOURTEEN (14) DAYS AFTER CANCELLATION.  Only the following constitute “major changes:” (i) a change in the departure or return date unless the change results from a flight delay experienced by the air carrier, although a delay of longer than forty-eight (48) hours will always be considered a “major change;” (ii) a change in the origin or destination city; or (iii) a price increase of more than ten (10) percent occurring ten (10) or more days before departure.  If a “major change” occurs, PAWS will notify you within seven (7) days after learning of the change but at least ten (10) days before the scheduled departure.  If PAWS first knows of the “major change” less than ten (10) days before departure, PAWS will notify you immediately.  SUPPOSE A “MAJOR CHANGE” THAT YOU ARE UNWILLING TO ACCEPT OCCURS AFTER YOUR OUTBOUND FLIGHT HAS BEEN COMPLETED. IN THAT CASE, PAWS WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THAT PORTION OF YOUR PAYMENT THAT APPLIES TO THE SERVICE NOT PROVIDED.

 

6. Passenger Cancellations, Itinerary Changes and Refunds

IF YOU CANCEL OR CHANGE A CONFIRMED RESERVATION, OR IF YOU “NO SHOW” FOR A FLIGHT, YOUR RIGHT TO A REFUND IS LIMITED AS FOLLOWS:  All confirmed reservations are nonrefundable.  If you cancel or change your reservation, no refund will be due.  If you are a “no show” for a flight, we will consider a passenger cancellation; no refund will be due.  Any refund, if applicable, will be made within fourteen (14) days after the date of cancellation.  If a passenger provides a substitute participant utilizing the same itinerary at the time of cancellation, or if PAWS provides the substitute, a full refund minus a $25 administrative fee will be provided.  PAWS shall not be deemed to have provided a substitute participant unless all seats on the flight have been initially sold out. 

 

7. Baggage Allowance and Liability

The checked baggage allowance is 45LB per paying passenger for all trips.  Each passenger also may carry one carry-on bag and one personal item in the aircraft cabin. TSA requires that passengers are allowed to bring one small bag of liquids, aerosols, gels, creams, and pastes through the checkpoint with their carry-on bag.  These are limited to 3.4 ounces or less per container. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and possible additional charges.  PAWS and JetRight Aviation neither assume nor accept liability for lost, delayed, or damaged bags except as provided in the terms and conditions of the respective carrier’s applicable tariff and contract of carriage and as provided by applicable law or international treaty.

 

8. Responsibility

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

 

PAWS shall not be liable for any damage, loss, expense, or other irregularity caused by any vehicle or conveyance defect or the acts, omissions, or negligence of any air carrier or other third party engaged in conveying the participant or carrying out the arrangements for any trip. 

 

Any Flight may be governed by the International Convention for the Unification of Certain Rules Relating to International Carriage by Air as amended (the “Warsaw Convention”) as amended and supplemented and by the rules and regulations established by the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28th May 1999 (“the Montreal Convention”) which rules and limitations shall, to the extent such Warsaw Convention and the Montreal Convention is/are applicable, apply to any Flight(s) conducted by the air carrier.

 

9. Identification and Travel Documents

YOU MUST PRESENT GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST.  FAILURE TO PROVIDE THIS TYPE OF IDENTIFICATION COULD LEAD TO DELAY IN BOARDING OR DENIAL OF BOARDING.  PLEASE BE SURE TO HAVE SUCH IDENTIFICATION AND ALL REQUIRED TRAVEL DOCUMENTS READY WHEN YOU CHECK IN.  

 

You are responsible for obtaining all necessary travel documents (passport, visa, tourist card, immunization certificate, and any other documents as required) and complying with each country's laws from, through, or to which you receive transportation. 

 

You agree to indemnify PAWS for any loss, damage, or expense suffered or incurred because you failed to comply with this Section 9.

 

10. Force Majeure

The PAWS shall have no liability or responsibility for any failure or delay in performing its obligations under this agreement due directly or indirectly to Force Majeure. A Force Majeure means other than the lack of the availability of adequate financial resources, any events, circumstances or causes beyond the party’s reasonable control including but not limited to the following: acts of God, flood, earthquake, windstorm or other natural disaster; quarantine, epidemic or pandemic, Crew sickness; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; compliance with any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, fuel or gas; non-performance by suppliers or subcontractors; and any labour or trade dispute, strikes, industrial action or lockouts. If a flight cannot be performed or completed due to a Force Majeure event, the PAWS's sole obligation will be to refund you any amount of money paid for a canceled flight. Notwithstanding the preceding, 

 

PAWS WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP.

 

11. Notices

All communication should be sent to PAWS at Paragraph 1 above or 

info@paws-airlines.com.  Notices to PAWS are effective upon actual receipt by PAWS.

 

12. Applicable Law

This contract is governed by and shall be construed under the laws of the State of  Tennessee.

 

13. Miscellaneous

PAWS reserves the right to amend this contract without notice to the passenger so long as such amendment complies with applicable governmental regulations or waivers thereof.  

 

THE RIGHTS AND REMEDIES MADE AVAILABLE UNDER THIS CONTRACT ARE IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE LAW; HOWEVER, ACCEPTANCE OF A REFUND FURNISHED UNDER THIS CONTRACT SHALL CONSTITUTE A WAIVER OF SUCH OTHER RIGHTS AND REMEDIES.  PARTICIPANT AGREES THAT UNDER NO CIRCUMSTANCES SHALL PAWS BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), INCLUDING LOSS OF REVENUE, LOSS OF USE, OR ANTICIPATED PROFITS.

 

14. Insurance

Trip cancellation, health, and accident insurance are available for purchase by all passengers from third-party vendors.  Options for such insurance can be sent to you upon request.

 

15. Operational Control

The air carrier shall be responsible for the operation of the aircraft and the safe performance of each flight. It shall retain complete operational control and possession of the aircraft to enable it to do so. The aircraft's captain has absolute discretion as to when and whether any flight should be undertaken, when and whether the aircraft should be landed, and whether or not they refuse to transport any passenger, baggage, animal or cargo. The passenger agrees to accept all decisions made by the captain and hereby shall waive all claims against the operator, the PAWS and their respective servants and agents for any loss, damage or costs of any nature and in any way that arise, whether in contract or tort or otherwise as a result of such decision, except that PAWS’s sole liability shall be to refund to you that portion of the price allocable to the services not provided.

In the event that you are refused entry at any arrival airport, you shall indemnify and keep indemnified the PAWS against any and all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) incurred by the PAWS in respect of any arrangements made by the air carrier and the PAWS to return you to the country from which were originally carried.

Neither party may assign this contract without the express written consent of the other party.

 

Participant hereby represents warrants and agrees that: (i) Participant is not a sanctioned individual, Designated Party, or otherwise the subject or target of any economic, export, or trade sanction law, regulation or travel ban, or is or could be designated as a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker, or any other similar designation that would prohibit Participant from transacting with PAWS under applicable law; (ii) Participant will promptly notify PAWS in writing should it know, or have reason to know, of any change or potential change in status under this provision; (iii) funds paid to PAWS by Participant are not derived from illegal acts; and (iv) PAWS may be required by law to block, freeze, and remit funds, which it will do without liability to Participant.

Please see our Privacy Policy for how we protect your data.

 

Paws Airlines is a public charter operator. It is not a direct air carrier and does not own or operate any aircraft.

 

JetRight Aviation or other licensed U.S. air carriers operate all flights.

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