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Contour Airlines Contract of Carriage

Effective October 15, 2019

Transportation of Passengers and Baggage provided by Corporate Flight Management, Inc. d.b.a. Contour Airlines (“Contour”) are subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, Ticket Jacket or e-Ticket Receipt, or where applicable, treaties, government regulations, and tariffs on file with the U.S. Department of Transportation (“DOT”). If your itinerary involves travel on a flight operated by a Contour Interline partner, please see Section 16. To the extent there is a conflict between this Contract of Carriage and any terms and conditions printed on or in any ticket, Ticket Jacket or e-Ticket Receipt, this Contract governs. By purchasing a Ticket or accepting transportation, the Passenger agrees to be bound by these controlling terms of this Contract of Carriage, and no covenants at law or in equity shall be implied or incorporated. Note, only the English version of Contour’s Contract of Carriage governs the transportation of Passengers and Baggage provided by Contour. 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.

 

1. Definitions

As used in this Contract of Carriage, the following terms, whether or not capitalized, shall have the meanings ascribed below:

Adult means a person who has reached their eighteenth birthday as of the date of commencement of travel.

Alternate Transportation means air transportation with a confirmed reservation at no additional charge (by any scheduled airline licensed by DOT), or other transportation accepted and used by the Passenger in the case of denied boarding.

Animals means, the usual connotation of domestic pets as well as reptiles, birds, poultry and fish.

Airline Designator Code is the two (2) letter identification code that reflects the Marketing Carrier, which may be different from the carrier operating the flight.

Baggage means such reasonable articles, effects and other personal property of a ticketed Passenger as are reasonably necessary or appropriate for the wear, use, comfort or convenience of the Passenger in connection with the Passenger’s trip. Unless otherwise specified, it shall include both checked and unchecked baggage and property of the Passenger.

Baggage Check or Baggage Claim Tag mean those portions of the Ticket That identify the carriage of a Passenger’s Checked Baggage and that are issued by the carrier as a receipt for the Passenger’s Checked Baggage.

Baggage Rules mean the conditions associated with the acceptance of baggage, including all applicable service charges, and services incidental to the transportation of baggage. See Section 16 for more information.

Baggage Tag means a document issued by the carrier solely for identification of Checked Baggage, the portion of which is attached by the carrier to a particular article of Checked Baggage.

Cabin Baggage means Carry-On-Baggage that due to its size and nature requires the purchase of a seat on board the aircraft to transport the piece of baggage.

Carriage means transportation of Passengers and their baggage by air or ground, either gratuitously or for payment.

Carrier means the carrier (air or ground) issuing the ticket and all carriers that carry or undertake to carry the Passenger and/or their baggage thereunder.

Carry-on-Baggage means baggage, other than Checked Baggage, carried on board an aircraft by a ticketed Passenger also known as unchecked baggage.

Checked Baggage means baggage that a ticketed Passenger has requested be carried by the carrier and for which the carrier has issued a Baggage Claim Tag to the Passenger.

Child means a person who has reached their second birthday but not their 12th birthday as of the date of commencement of travel.

Circle Trip means travel from a point and return thereto by a continuous, circuitous air route (including journeys comprising two (2) fare components but which do not meet the conditions of the round trip definition), provided, that where no reasonable direct scheduled air route is available between two (2) points, a break in the circle may be traveled by any other means of transportation without prejudice to the circle trip.

Civic Aeronautics Board (“C.A.B.”) means the United States Department of Transportation (“DOT”).

Codeshare means an arrangement by which an airline offers transportation service to a Passenger who is ticketed with the two (2)letter airline designator code on a flight that is operated by a carrier other than Contour.

Confirmation Page means a page on the Carrier’s website which summarizes the details of a Ticket Purchase transaction just after the Passenger has agreed to purchase the Tickets from the Carrier and has provided a form of payment.

Comparable Air Transportation means transportation provided by air carriers or foreign air carriers holding certificates of public convenience and necessity or foreign permits.

Conjunction Ticket means two (2) or more tickets concurrently issued to a Passenger and which together constitute a single contract of carriage.

Connection means a stop at an intermediate point on the route to be traveled where a change of planes is made and which does not fall within the definition of a stopover.

Consequential Damages means damages which are the result of an act but are not direct or immediate.

Contiguous United States or Continental United States mean the District of Columbia and all states of the United States other than Alaska or Hawaii.

Contour means Corporate Flight Management, Inc. d.b.a. Contour Airlines

Contour TicketStock means tickets printed, imprinted or issued electronically with the LF carrier code (522) as part of the Ticket serial number.

Contract of Carriage means the terms and conditions contained in this document, as amended from time to time by the Carrier.

Days means full calendar days, including Sunday and legal holidays, provided that for the purposes of notification, the balance of the day upon which notice is dispatched shall not be counted; and that for purposes of determining the duration of a validity period, the balance of the day upon which the Ticket is issued or the flight commenced shall not be counted.

Department of Transportation (“DOT”) means the United States Department of Transportation.

Destination means the ultimate point of the Passenger’s journey as shown on the Ticket.

Domestic Carriage (“Domestic”) means (except as otherwise specified) carriage in which, according to the Contract of Carriage, the place of departure, the place of destination or stopover, and the entire transportation is between points within the United States, or points within another sovereign state.

DOT Hazardous Materials Regulations are those regulations issued by the Materials Transportation Bureau of the Department of Transportation in Title 49 of the Code of Federal Regulations, Parts 171 through 180 (49 CFR 171-180).

Down Line Carrier means any carrier, other than the selecting carrier, who is identified as providing Interline transportation to the Passenger by virtue of the Passenger’s ticket.

Emotional Support and Psychiatric Service Animals are animals that provide emotional, psychiatric or cognitive support, promote emotional well-being, or provide comfort, therapy, companionship, or therapeutic benefits to a Passenger with a Mental or Emotional Disability.

Flight Coupon means a portion of the Ticket that indicates travel points between which the coupon is good for carriage.

Force Majeure Event – any of the following situations: (a) Any condition beyond Contour's control including, but not limited to, meteorological or geological conditions, acts of God, riots, terrorist activities, civil commotions, embargoes, wars, hostilities, disturbances, or unsettled international conditions, either actual, anticipated, threatened or reported, or any delay, demand, circumstances, or requirement due directly or indirectly to such conditions; (b) Any strike, work stoppage, slowdown, lockout, or any other labor-related dispute involving or affecting Contour's services; (c) Any governmental regulation, demand or requirement; (d) Any shortage of labor, fuel, or facilities of Contour or others; (e) Damage to Contour’s Aircraft or equipment caused by another party; (f) Any emergency situation requiring immediate care or protection for a person or property; or (g) Any event not reasonably foreseen, anticipated or predicted by Contour.

Foreign Air Transportation means transportation between a point in the United States and a point outside thereof.

Immediate Family Member means a spouse, children, step-children, foster children, legally adopted wards, son/daughter-in-law, grandchildren, parents, step-parents, legal guardians, mother/father-in-law, grandparents, brother/sister, step-brother/sister, half-brother/sister, brother/sister-in-law, aunts/uncles and nieces/nephews.

Infant means a person who has not reached their second birthday as of the date of commencement of travel.

Interline Transfer Point means any point at which the Passenger transfers from the services of one carrier to the services of another carrier.

Interline Transportation/Interline Agreement means carriage on the services of more than one carrier where carriers agree to accept each other’s tickets and baggage.

Interline Itinerary means flights reflected on a single Ticket involving more than one carrier.

International Carriage (“International”) means any carriage other than Domestic Carriage, however, when the Warsaw and/or Montreal Conventions are applicable, the stated definitions of “International” therein shall prevail.

International Sector means a Sector of uninterrupted air travel for which the arrival and departure points are in two (2) different countries.

NOTE: For purposes of applying fares under this Contract of Carriage:

  1. Travel on a sector between the U.S.A. and Canada is not considered international, and
  2. For fare construction purposes, when transoceanic travel is involved in a fare component, travel on the transoceanic sector shall be considered the international sector.

Interstate Transportation means transportation between a point in any state of the United States and the District of Columbia and a point in any other state of the United States or the District of Columbia.

Intraline Transportation or “On-line” transportation means carriage solely over the services of a single air carrier.

Journey means all travel included on a Ticketor group of Conjunction Tickets.

Legal Guardian means one who legally has the care and management of an infant/minor.

LF means Corporate Flight Management, Inc. d.b.a. Contour Airlines

Local Currency Fares means fares and related charges expressed in the currency of the Country of Commencement of Transportation.

Major Life Activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Marketing Carrier means the carrier that sells flights under its Airline Designator Code, which is identified on the first flight segment of the Passenger’s Ticket(i.e., Selected/Selecting Carrier for purposes of Interline Transportation to Canada only).

Maximum Outside Linear Dimensions means the sum of the greatest outside length plus the greatest outside width plus the greatest outside height.

Medical Certificate means a letter or form from the Passenger’s treating physician or hospital, where applicable, which must be signed and dated within one week of the first affected flight departure by the treating physician or hospital in the country where the illness or treatment arose, and which certifies the nature of the Passenger’s illness and treatment.

Mental or Emotional Disability means a mental impairment that, on a permanent or temporary basis, substantially limits one or more Major Life Activities, and includes any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities, including but not limited to such conditions as emotional illness, drug addiction, and alcoholism.

Military Agencies mean the military forces of the United States of America, including Army, Navy, Air Force, Marine Corps, and Coast Guard as well as the respective academies of the Army, Navy, Air Force, Coast Guard, and National Guard. The Reserve Officer Training Corps is not included.

Military Passenger means military personnel of the Military Agencies who are on active duty status or who have been discharged from active military service within seven (7) days of the date of travel.

Minor means a person who has reached their second birthday but not their 18th birthday as of the date of commencement of travel.

Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, May 28, 1999.

Normal Fare means the full fare established for regular or usual service, the application of which is not dependent upon any limited period of Ticket validity or other special circumstances. Unless otherwise herein specified, Normal Fares shall be considered to include the following, all year One-Way, Round-Trip, circle trip and Open Jaw trips, one-class Standard Service, Standard Services, and on-season and off-season fares.

North America means the area composed of Alaska, Canada, the Continental United States and Mexico.

On-line means air transportation wholly on the same carrier.

On-line Tariff Database means the remotely accessible, on-line version, maintained by the filer, of (1) the electronically filed tariff data submitted to the “official DOT tariff database,” and (2) the DOT approvals, disapprovals and other actions required by DOT.

On-line Transfer Point means any point at which the Passenger transfers from one service of a carrier to another service of the same carrier (bearing a different flight number).

One-Way means travel in one direction from the point of origin to the final destination

Open-Jaw Trip means travel which is essentially of a round trip nature but the outward point of departure and inward point of arrival and/or outward point of arrival and inward point of departure are not the same.

Operating Carrier means the carrier that operates the actual flight.

Origin means the initial starting place of the journey.

Other Charges means charges such as taxes, fees, etc., not shown in the fare construction box of the ticket, excluding excess baggage charges.

Oversold Flight means a flight where there are more Passengers holding valid confirmed Tickets that check-in for the flight within the prescribed check-in time than there are available seats.

Participating Carrier includes both the selecting carrier and the down line carrier who has been identified as providing Interline Transportation to the Passenger by virtue of the Passenger’s ticket.

Passenger means any person, except members of the crew, carried or holding a confirmed reservation to be carried in an aircraft with the consent of the carrier.

Passenger Coupon means that portion of the Ticket constituting the Passenger’s written evidence of the Contract of Carriage.

Qualified Individual with a Disability means any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more Major Life Activities, has a record of such an impairment, or is regarded as having such an impairment. The phrases used in this definition are further defined in 14 CFR Part 382.3.

Related Charges means those charges to be shown in the fare construction box of the Ticket and excess baggage charges, if applicable.

Reroute means a change of routing, carriers, fares, class of service, flight or date from that originally provided on the Ticket but does not apply to open tickets.

Resident (“a Resident”) means a person whose usual residence is in a certain country, provided that a more restricted definition may apply under local law.

Round-Trip means travel from one point to another and return by any air route for which the same normal all year through One-Way fare of the same class applies from the point of origin, provided that this definition shall not apply to travel for which the same all year through One-Way fare is established, between two points, in either direction around the world.

Routing means the cities and/or class of service and/or type of aircraft via which carriage is provided by the carrier(s) between two (2) points.

Sector or Segment is the portion of a journey covered by a single Flight Coupon.

Selected Carrier means the carrier whose baggage rules apply to the entire Interline itinerary.

Selecting Carrier means the carrier whose designator code is identified on the first flight segment of the Passenger’s Ticket at the beginning of an Interline itinerary.

Service Animal means any guide dog, signal dog, or other animal trained to provide task-specific necessary assistance to a Qualified Individual with a Disability or, a trained animal that assists law enforcement officers in the search for contraband and or other items, or which provides assistance with rescue efforts.

Single Ticket means the record of agreement that permits travel from origin to destination and may include Interline, code-share, and intraline segments.

Special Fare means a fare other than a Normal Fare.

Stopover means a deliberate interruption of travel by the Passenger, agreed to in advance by the carrier, at a point between the place of departure and the place of destination. For International flights a Stopover will also be deemed to occur at an intermediate point from which the Passenger is not scheduled to depart on the date of arrival, but if there is no connecting departure scheduled on the date of arrival, departure on the next day within 24 hours of arrival shall not constitute a Stopover. If a portion of the routing is traveled by surface transportation, one Stopover shall be deemed to have been taken for such portion. For Domestic flights, a Stopover will also occur when a Passenger arrives at a point and fails to depart from such point on:

  1. The first flight on which space is available; or
  2. The flight that will provide for the Passenger’s earliest arrival at intermediate or junction transfer point(s) or destination point, via the carrier and class of service as shown on the Passenger’s Ticket; provided, however, that in no event will a Stopover occur when the Passenger departs from the intermediate/junction point on a flight shown in the carrier’s official general schedule as departing within four hours after arrival at such point.

Through Fare means a fare applicable for travel between two (2) consecutive fare construction points via an intermediate point(s).

Ticket means the record of agreement, including electronic tickets, e.g., “Contour Electronic Tickets” or “eTickets,” for Passenger air transportation provided by Contour under certain terms and conditions to the Passenger named on the Ticket and in accordance with applicable governing tariffs and regulations. An “eTicket” is the record of the Ticket agreement maintained and processed within the carrier’s electronic reservation system. A receipt is provided to the purchaser of the Ticket that contains a reference for retrieving the record within the carrier’s reservation system and summary of the Ticket information. The carrier may mandate the issuance of an e-ticket, regardless of market, carrier, form of payment, and customer type.

Ticketed Point means points shown in the ‘routing’ section of the Ticket plus any other point(s) used for fare construction, which are shown in the fare construction box of the ticket, provided that two (2) flight numbers of two (2) carriers such as for an interchange flight will not be permitted on one Flight Coupon.

Transfer means a change from the flight on one carrier to the flight of another carrier, or a change from the flight of a carrier to another flight of the same carrier bearing the same flight number, or a change from the flight of a carrier to another flight that is a service bearing a different flight number of the same carrier, irrespective of whether or not a change of aircraft occurs.

Transfer Point means any point at which the Passenger Transfers.

Transit Point means any stop at an intermediate point on the route to be traveled (whether or not a change of aircraft is made) which does not fall within the definition of a Stopover.

Ultimate ticketed destination applies only to situations where a Passenger’s origin is a non-Canadian point and the itinerary includes at least one stop in Canada, as well as at least one stop outside of Canada. If the stop in Canada is the farthest checked point and the stop is more than 24 hours, the ultimate ticketed destination is Canada.

Unaccompanied Minor means a Child/Minor five (5) through thirteen (13) years of age when traveling alone or not accompanied on the same flight and in the same compartment by a companion Passenger at least 15 years of age or with a Legal Guardian or responsible party.

United States of America (or the “United States” or the “U.S.A.”) means, unless otherwise specified, the area composed of the 48 contiguous states, the District of Columbia, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Midway, and Wake Islands.

United States Department of Defense means the Department of the Army, Navy, Air Force, and Marine Corps.

Validate means a confirmation that the Ticket has been officially issued by the carrier.

Warsaw Convention means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or where applicable, that Convention, as amended, including without limitation, by the Protocol signed at The Hague, September 28, 1955.

 

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