Operator Participant Agreement
Direct2 Air LLC, 417 SE Yew Lane, Bend, OR 94107 (“Direct2 Air”), an indirect air carrier under Part 380 of the U.S. Department of Transportation’s regulations (14 CFR Part 380), and the individual accepting this Agreement pursuant to Section 13 (“you” or the “passenger”) agree as follows:
1. Air Charter
Direct2 has arranged for its wholly owned subsidiary, MAA Incorporated d/b/a Direct2 (“Carrier”), a direct air carrier certified by the Federal Aviation Administration to perform flights under Part 135 of the U.S. Department of Transportation’s regulations (14 CFR Part 135), to provide passenger air charter services(the “Charter”). The origin and destination of the Charter, as well as the dates and terms of payment are memorialized in the electronic receipt sent to you promptly following the completion of your reservation (the “Receipt”), which is incorporated into this Agreement by reference. Direct2 reserves the right to contract with a substitute air carrier. Carrier reserves the right to substitute equivalent aircraft in the event of a technical or other need and will inform you of such substitution prior to your Charter.
In accepting this Agreement, you accept and agree to be bound by Carrier’s Conditions of Carriage, the most recent version of which can be found on Direct2’s website.
2. Charter Price
The charter price quoted in your Receipt (the “Charter Price”) includes air transportation and all applicable taxes, and any additional services selected at the time of booking. Any tips or gratuities not specifically mentioned as included in the Charter Price are at your discretion.
Payment in full is required to secure all reservations. Credit cards, ACH transfers, and checks are accepted. All credit card payments are subject to a 3% processing fee.
4. Card on File
A credit card is required to be kept on file. Any incidental charges will be charged to the card on file. Requests for transportation, catering or other services will be charged to the card on file at cost +15%.
Passengers must check in at the airport 20 minutes prior to the scheduled departure time.
The availability of space and weight for passenger baggage varies with each charter. Our pilots will do everything they can to accommodate your baggage given weight and balance considerations. Passenger are allowed to bring the following baggage,
One (1) checked bag, weighing up to 50 lbs / 23kg.
One (1) small personal item weighing no more than 20lbs, and measuring no more than 13x13x10in (33x33x25cm).
if a passenger requires more baggage, prior approval from Direct2 is required
A luggage scale will be used to weigh baggage before loading and the pilot in command of the aircraft shall be the final authority as to whether the flight can be safely completed with all baggage.
Our liability for lost or damaged luggage is limited as follows:
For INTERNATIONAL flights, pursuant to the Montreal Convention, our liability for lost or damaged baggage is limited to the actual value of the baggage but not more than 1,288 Special Drawing Rights (SDRs) (approximately $1,800) per passenger in the case of checked baggage.
For DOMESTIC flights, you agree that our liability for lost or damaged baggage is limited to $1,250 per passenger total.
All baggage must comply with the terms and conditions of Carrier’s Conditions of Carriage, including, without limitation, Section 6 of such Conditions regarding Dangerous and Prohibited Items.
Dependent on the aircraft and routing, well-behaved cats and dogs are permitted on flights with Carrier’s prior consent. Service animals are permitted on aircraft of all types with the required documentation. If Carrier agrees to allow, passengers must ensure that their animal is accompanied by valid health and vaccination certificates, entry permits, and other required documents. Passenger also assumes full responsibility for such animal, and agrees that Carrier is not liable for any sickness, injury or loss of such animal. For more information concerning the carriage of animals, see the Carrier’s Conditions of Carriage.
If You Change Your Charter
If you change your reservation, additional charges might apply as set forth in the following schedule, and your right to receive a refund is limited. All requests for changes must be sent to us by email at email@example.com. Refunds, if any, will be made within 14 days of receipt of your notice of change.
More than 7 days before departure:
If you change your flight more than seven (7) days prior to departure, any price difference between the original flight and the new flight must be paid. Any remaining amount after such change will be fully refunded.
Within 7 days of departure:
If you change your flight between 7 days and 48 hours prior to departure, any price difference between the original flight and the new flight must be paid. Any remaining amount after such change will be kept as credit on your account for 12 months to be used for future flights.
Within 48 Hours of departure: If you change your flight within 48 hours of departure, any price difference between the original flight and the new flight must be paid. A change fee equal to 10% of the original flight cost will be applied. Any remaining amount after such change will be kept as credit on your account for 12 months to be used for future flights.
9. Cancellation & Refund
If You Cancel Your Charter
If you cancel your reservation, your right to receive a refund is limited, as set forth in the following schedule. All requests for refunds must be sent to us by email at firstname.lastname@example.org. Refunds will be made within 14 days of receipt of your notice of cancellation.
More than 7 days before departure:
Between 7 days and 48 hours before departure:
100% credit to your account for 12 months to be used for future flights.
Within 48 hours of departure:
50% of the trip charge will be kept by the carrier as a cancellation fee. The remaining amount will be kept as credit on your account for 18 months to be used for future flights.
Please note that if the date or routing of the reservation has previously been modified by the passenger and the passenger thereafter requests to cancel, any refund will be received as credit on your account (minus any cancellation fees) for 12 months to be used for future flights, regardless of when such cancellation occurs.
If We Cancel the Charter
If we must cancel the Charter, we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. We have no right to cancel the Charter less than 10 days before departure, except for (i) circumstances that make it physically impossible to perform the Charter trip or (ii) in the case of international flights, if we are unable to obtain landing rights for the flight (which are subject to the approval of foreign governments, and in which case a full refund will be made to you automatically). If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date. If the Charter is canceled, we will make a full refund to you within 14 days after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.
If We Make “Major Changes”
If we make a Major Change (defined below) (i) prior to departure, you have the right to cancel and receive a full refund or (ii) after the departure of the flight, which you are unwilling to accept, we will refund, within 14 days after your scheduled return date, that portion of your payment, which applies to the services, not accepted. If a Major Change must be made in the program, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure. If, less than 10 days before scheduled departure, we become aware that a Major Change must be made, we will notify you as soon as possible. Within 7 days after receiving notification of a major change, but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling. Acceptance of a refund constitutes a waiver of any legal rights you may have against Direct2.
Upon a post-departure notification of a Major Change, Passenger may reject the substituted hotel or the changed date, origin, or destination of a flight leg and be sent, within 14 days after the return date named in the contract, a refund of the portion of his payment allocable to the hotel accommodations or air transportation not provided.
A “Major Change” means (i) a change in the departure or return date, unless the change results from a flight delay experienced by the air carrier. (If, however, the delay is longer than 48 hours, it will be considered a Major Change), (ii) a change in the origin or destination airport, (iii) a price increase of more than 10 percent occurring 10 or more days before departure (in no event can we increase your price less than 10 days before departure).
10. Late Passenger Policy
Delays caused by passengers of more than 1 hour later than the planned departure time of the charter flight will be charged at the rate of $500 per additional 30 minutes for piston aircraft and $1000 for turbine aircraft, up to a maximum total delay of 120 minutes at which point the flight may be cancelled and billed as if flown in its entirety.
Direct2 recommends purchasing trip cancellation, health, and accident insurance from a reputable provider when traveling. This important, low-cost protection can save you money if you are forced to cancel or alter your trip.
12. Limitation of Liability
Direct2 Air is the principal and is responsible to the participants for all services offered in connection with the Charter. Direct2 Air is not responsible for personal injury or property damage caused by Carrier (or any substitute air carrier) or any other supplier of services offered in connection with the Charter.
13. Choice of Law
This Agreement is governed by Oregon state law. Any claim against Direct2 or Carrier must be presented in writing within ten days of the date of Passenger’s return flight, and neither Direct2 nor Carrier is liable for any claims presented after such a ten-day period. Any claims regarding baggage are governed by the terms contained in Carrier’s Conditions of Carriage.
14. Online Acceptance
Acceptance of this Agreement on our website is an acceptable form of agreement. This Agreement contains the entire agreement between the parties and it completely supersedes any prior written or oral agreements or representations. No reservation will be issued unless the Passenger accepts this Agreement. For telephone sales in which the Passenger pays by credit card, Direct2 will send a copy of this Agreement by email within 24 hours of accepting payment by credit card. Such passengers must accept this Agreement prior to travel, and are entitled to a full refund if they decide not to participate in the Charter after reviewing this Agreement.