Contract of Carriage
- When you purchase a seat on a K9 JETS flight operated by Pegasus Elite Aviation, Inc. (the “Carrier”), the terms and conditions of this Contract of Carriage (this “Contract”) are incorporated by reference in, and are in addition to the terms and conditions of, the Participation Agreement between you and K9 JETS (the “Participation Agreement”).
- Carrier is an intended third-party beneficiary of the Participation Agreement, and you agree to comply and adhere to the terms of the Participation Agreement.
- You shall comply with Transportation Security Agency (TSA) and Federal Aviation Administration (FAA) regulations regarding prohibited items. In advance of the departure time, you shall review TSA and FAA websites for prohibited items: www.tsa.gov/travelers/airtravel/prohibited/permitted-prohibited-items.shtm and http://www.faa.gov/go/packsafe. Examples of prohibited items can be found on the previously linked websites. Clients should check the TSA and FAA websites for a current list of prohibited items. Pursuant to TSA and FAA regulations, Carrier shall abide by these regulations to maintain its regulatory certifications and permits.
- Carrier maintains a “Zero Tolerance” policy regarding illegal drugs and/or smuggling. Carrier reserves the right to inspect any bags or luggage brought to the aircraft by you or any person travelling with you and may deny boarding of certain items deemed unsafe and/or illegal. If any illegal activity occurs, you will be denied boarding or removed from the aircraft or the flight will be grounded. For international flights, Carrier will return to an airport within the United States to remove you from the aircraft or to ground the flight. In addition, Carrier will alert customs authorities to any illegal activity.
- You may not bring firearms or ammunition on the aircraft except in strict compliance with this section. No later than five business days in advance of the departure time, you shall notify Carrier that you wish to bring any firearms or ammunition on the aircraft, as well as the description of each firearm or type of ammunition (as applicable). The flight crew will secure the weapon and ammunition through use of a cable lock or locked container prior to departure depending on the aircraft. The flight crew shall follow TSA rules in transporting firearms and ammunition aboard an aircraft, including securing the firearm as unloaded and physically separated from the ammunition. You may only bring one case of ammunition. Other than Federal Law Enforcement Officers or Air Marshals, no passenger may carry concealed weapons onboard an aircraft. Federal Law Enforcement Officers and Air Marshals may carry concealed weapons only if requested to Carrier at least five business days before the flight to allow verification of credentials. The Pilot in Command has final authority on whether any of these or other items are allowed on the aircraft.
- Carrier and its flight crew may refuse to serve alcohol to any passenger who appears intoxicated or otherwise having consumed excessive amounts of alcohol (as determined by the Carrier or its flight crew).
- Carrier does not guarantee that WiFi will be available and/or operational on all aircraft. Should WiFi be inoperative for any portion of any flight, you will not receive a discount or any other revisions to the price charged to you for your flight(s).
- You must travel with, and have immediate access to, a muzzle suitable for your dog(s) at all times. The muzzle will need to be shown at check-in and must be worn by your dog(s) if requested by a representative of either Carrier or K9 JETS or by the flight crew, whether before boarding or in flight. Dogs must always be on leash at all times, including within the airport terminal and onboard the aircraft. Cats must travel and remain in their carriers at all times. You must comply with these instructions for the safeguarding of your dog and others. Failure to comply will result in denied travel. You shall be responsible for and shall indemnify and hold harmless Carrier, its personnel and representatives, and/or other flight passengers for any injury, death, property damage and other losses caused by you or by any animal you transport on a flight.
- K9 JETS and its personnel are not agents or employees of Carrier but are independent contractors over whom Carrier has no control. Accordingly, you hereby agree that, except as otherwise provided herein, Carrier 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 K9 JETS, or (b) any other cause or act, of whatsoever nature, beyond the direct and immediate control of Carrier, except as provided for by applicable law or international treaty.
- This Contract is governed by and shall be construed under the laws of the State of California. Carrier reserves the right to amend this Contract without notice to you so long as such amendment is in compliance 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. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CARRIER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS CONTRACT, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF USE, OR ANTICIPATED PROFITS.