This BGA-Participant Contract (“Agreement”) sets forth the terms and conditions under which, Big Game Air, LLC., 2221 West Erie Street, Chicago, Illinois 60612 (“BGA” or “Charter BGA”), in return for payment in the amount indicated as the total ticket price, agrees to provide you and anyone you are booking travel for (“Participant”) with charter air transportation (“Charter”) performed by a qualified 135 Air Carrier (“Direct Air Carrier”). BGA is a U.S. Public Charter BGA and indirect air carrier as defined in 14 CFR Part 380.
AIR CARRIERS AND AIRCRAFT
The origin and destination cities for each flight leg, the dates of the outbound and return flights, the amount and terms for payment, the aircraft type, Direct Air Carrier operating the Charter, and total number of seats available on the Charter, will be included on the electronic flight confirmation provided to you at the time of purchase, which is incorporated herein by reference (“Flight Confirmation”).
BGA reserves the right to change the aircraft type or capacity, or the air carrier performing the Charter flight. No refunds or compensation will be given for such substitutions or changes. Participant is not guaranteed single plane or non-stop service. If necessary, BGA will make best efforts to provide substitute service at comparable departure times, subject to operational constraints. BGA also reserves the right to substitute scheduled air service when necessary at no additional cost to Participant. If BGA knows in advance of the need for substitute scheduled service, Participant will be notified no less than 72 hours prior to departure or as soon as the need for substitute service is known, and the Participant may either accept the scheduled service or request a full refund of the charter price within 48 hours of notification.
The ticket price quoted to Participant in the Flight Confirmation includes charter air transportation and all applicable taxes and fees, for the itinerary booked with BGA. Participant is responsible for all incidental expenses during Charter. Except for Major Changes, as described below, no refund will be made for services included in the ticket price, which Participant voluntarily does not use. PARTICIPANTS UNDER 18 YEARS OF AGE MUST BE ACCOMPANIED BY AN ADULT.
RESERVATIONS AND PAYMENT
Full payment and an acceptance of this agreement is required to secure reservations. Generally, credit cards will be required for purchase. However, if checks or money orders are accepted, all checks and money orders must be made payable to the escrow account at the depository bank: Leven One Bank, 32991 Hamilton Ct, Farmington Hills., Michigan 48334. Credit card payments are processed directly into the escrow account at the depository bank. RESERVATIONS MADE TEN (10) DAYS PRIOR TO DEPARTURE MUST BE MADE BY CREDIT CARD, CERTIFIED CHECK, or CASH BANK TRANSFER. Check must clear the escrow account at the Bank before the reservation is considered VALID. Any other person or entity (including a travel agent) who receives monies from Participant(s) does so strictly as an agent for the Participant(s). BGA disclaims liability for such monies until received by BGA’s office and confirmation is issued by BGA. Tender of deposit constitutes acceptance of these terms and conditions.
PARTICIPANT CHANGES, CANCELLATIONS AND REFUNDS
The right to refunds if the participant changes plans is limited. On a credit card sale, the participant is entitled to a full refund prior to signing (accepting) this Agreement. All requests for refund must be made in writing or email notice to 20 West Kinzie Street, 17th Floor, Street, Chicago, Illinois 60654. Reservations are non-refundable, but can be transferred to another traveler for $25 fee. Participant may furnish BGA with a substitute for Participant (“Substitute Participant”) by sending an email to substitution@BigGameAir.com. Participant must provide the full name, phone number, email address, and other required information for Substitute Participant and Substitute Participant must make full payment to BGA AT LEAST 48 HOURS PRIOR TO SCHEDULED DEPARTURE (“Substitution”). Substitutions made within 48 hours of departure will not be accepted. BGA will change the name of the Participant upon payment of the Charter price and acceptance of this Agreement by the Substitute Participant. In the event of a Substitution, the original Participant will receive a refund of the Charter price within 14 days of the Substitution.
CONDITIONS OF CARRIAGE
BGA and Direct Air Carrier have certain rights and authority regarding the operation of each flight as set forth below (the “Conditions of Carriage”):
The Authority of the Pilot in Command: The pilot in command (the “PIC”) of the aircraft is the Direct Air Carrier’s agent and shall have complete and final authority and discretion over the enforcement of the Conditions of Carriage, the aircraft, and all matters concerning the preparation and operation of the aircraft including the suitability of the weather and landing areas, the condition of the aircraft for flight, landing of the aircraft, the manner of flight and all other factors affecting flight safety and operational control. In this regard, the PIC shall have sole discretion to determine whether flights should be rerouted, shortened, delayed, terminated, or refused. The PIC shall also have complete authority and discretion with respect to passenger loads and baggage carried on board the Aircraft, including the stowage and distribution of the same.
Admission of Participants to the Charter flights: The Direct Air Carrier and/or BGA retain the right to jointly or severally decline any person as a member of the Charter or to change or withdraw a Charter if necessary. Furthermore, Participant acknowledges that BGA, Direct Air Carrier, or PIC may, under any circumstance or circumstances listed below, refuse to board, remove from the aircraft, at any airport, and/or refuse to transport a Participant whenever:
- Such action is necessary to comply with the request of a government or to comply with a governmental regulation;
- A Participant’s conduct or condition, where conduct, status, mental or physical condition is such as to: (a) render Participant incapable of caring for himself or herself without assistance, including due to intoxication (b) make refusal or removal necessary for the reasonable safety or comfort of other passengers, or (c) involve any unusual hazard or risk to himself or other persons (including, in the case of pregnant passengers, unborn children) or to property;
- A Participant refuses to permit the search of his person or property, when the Aircraft’s captain or BGA’s personnel determine such search is necessary for safety reasons;
- A Participant refuses, when requested, to produce valid, positive identification; or
- A Participant refuses to comply with BGA’s, Direct Air Carrier’s, or governmental rules, regulations, or reasonable instructions.
BGA’s Discretion Regarding Passengers/Baggage: Notwithstanding the section entitled “Baggage”” hereof, BGA reserves the right to impose limits on the amount of baggage and/or number of passengers permitted on board each flight in order to meet the weight and balance limitations of the Aircraft.
Hazardous Materials Restrictions: Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information, contact the Direct Air Carrier. Participant acknowledges that Direct Air Carrier is a “will not carry” BGA with regard to hazardous materials transport regulations. http://www.tsa.gov/travelerinformation/prohibited-items
Participant Identification: all Participants must carry a government-issued photo identification document (such as driver’s license or passport) to be presented to the flight crew upon request during the boarding process. The flight crew may deny boarding to any Participant who cannot product such identification or for whom the authenticity of the identification document(s) is in question.
Travel Authorizations/Permits: Participants shall be responsible for obtaining any travel authorization documents, such as passports, visas, or tourist cards that may be required by destination government authorities to be presented to the flight crew upon request during the boarding process. The flight crew may deny boarding to any Participant who cannot product such documentation for a flight where such documentation is required or for whom the authenticity of the document(s) is in question.
RESPONSIBILITY FOR CHARTER
BGA is responsible to Participant for arranging and providing public charter air transportation services. Neither BGA, its agents, servants, or employees, assumes responsibility for any claim, action, cause of action, injuries, losses or damages arising from the actions of third-party contractors supplying services, including but not limited to reservations, missed connections, lost or stolen items or baggage, costs or expenses arising out of injury, accident or death, quarantine, disturbances, government restrictions or regulations, damage, delay of baggage or other property, inconveniences, loss of enjoyment, loss of pay, disappointment, mechanical breakdown, government action, strike, lockouts, war terrorism, weather, acts of God, or other factors or cause beyond its control.
IF BGA MAKES A MAJOR CHANGE PRIOR TO DEPARTURE, PARTICIPANT HAS THE RIGHT TO CANCEL AND RECEIVE A FULL REFUND OF THE AMOUNT PAID. The following are “Major Changes”: (1) a change in the origin or destination city; (2) 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 greater than 48 hours, it will be considered a Major Change.); or (3) a price increase of more than 10% occurring ten or more days before departure. If a Major Change must be made in the Charter, BGA will notify Participant within seven days after first learning of the change, but in any event at least ten days prior to the scheduled departure. If less than ten days before the scheduled departure, BGA becomes aware that a Major Change must be made, BGA will notify Participant as soon as possible. WITHIN SEVEN DAYS AFTER RECEIVING NOTIFICATION OF A MAJOR CHANGE, BUT IN NO EVENT LATER THAN DEPARTURE, PARTICIPANT MAY CANCEL PARTICIPANT’S RESERVATION AND PARTICIPANT WILL RECEIVE A FULL REFUND OF THE TICKET PRICE WITHIN FOURTEEN DAYS AFTER CANCELING. IF A MAJOR CHANGE OCCURS AFTER THE DEPARTURE OF THE CHARTER WHICH PARTICIPANT IS UNWILLING TO ACCEPT, BGA WILL REFUND, WITHIN FOURTEEN DAYS AFTER PARTICIPANT’S SCHEDULED RETURN DATE, THAT PORTION OF PARTICIPANT’S TICKET PRICE WHICH APPLIES TO THE SERVICES NOT ACCEPTED.
Except for mechanical breakdown, government action, strike, lockouts, war terrorism, weather, acts of God, or other factors or cause beyond its control (“Force Majeure Events”), If BGA must cancel the Charter, we will notify Participant in writing within seven days of the cancellation, but in no event later than ten days before the scheduled departure date. BGA has no right to cancel the Charter less than ten days before the scheduled departure date except for circumstances that make it physically impossible to perform the Charter such as Force Majeure Events. If that occurs, “BGA” will notify “Participant” as soon as possible, but no later than the scheduled departure date. If “BGA” cancels the “Charter”, it will make a full refund of the ticket price to “Participant” within fourteen days after cancellation. The ticket price held in the depository account excludes any Administrative Fees and/or Cancellation Fees previously charged.
WITH SPECIFIC REFERENCE TO FLIGHT DELAYS:
Flight delays are an unfortunate but inherent risk of all air transportation, whether scheduled or charter, and they are completely outside the control of the BGA, in particular when they result from Force Majeure Events. Departure times and anticipated flight schedules are not guaranteed and can be affected by a host of factors, such as weather, air traffic control requirements, slot approvals, availability of aircraft and passenger services. Except for the right of refund for delays of 48 hours or more as set forth above, BGA shall have no liability to the participant of any nature whatsoever relating to flight delays, including (but not limited to) liability for damages relating to shortened time, inconvenience or hardship, additional expenses, or any other form of damage. Nor shall BGA be liable to the participant for delays or other inconveniences resulting from refueling stops.
Reservation cancellation, health, and accident insurance is available to protect you against unforeseen circumstances which may cause you to interrupt or cancel your reservation. Information on such insurance is available during the reservation process or upon request BGA will provide you with the details.
Neither BGA nor the Direct Carrier is responsible for loss, theft or damage to your belongings A higher value may be declared with respect to the baggage in which case additional payment and such declaration must be made in advance of departure in accordance with the direct air carrier’s application tariff. There is a baggage allowance for charter passengers as follows: a ) One piece not exceeding 60 inches, b) one additional piece not exceeding 55 inches (measure length, plus width, plus height) if operational factors allow c) Additionally, each passenger may carry one carry-on bag and one purse and/or briefcase to be stored underneath seat that cannot exceed 8 inches, plus 13 inches, plus 22 inches, equaling 43 inches when added together. Any baggage present in excess of the above will not be accepted by the Direct Air Carrier.
Participant’s payments are protected in part by an irrevocable letter of credit held by The Northern Trust Company (“Securer”), Attention: Letters of Credit Department C-2N, 801 South Canal Street, Chicago, Illinois 60607. Unless Participant files a qualified claim with BGA, or if BGA is not available, with the Securer, within 60 days after the completion of the Charter (or in the case of cancellation, the intended date of your Charter), the Securer will be released from all liability to Participant under the security agreement. If there is no return flight in Participant’s itinerary, completion means the date or intended date of departure of the last flight in Participant’s itinerary.
Failure to check-in at least 30 minutes before the scheduled departure may result in denial of boarding, and no refund will be granted. Participants will not receive refunds for missed flights or connections.
Participant is responsible to determine and obtain proper travel documentation such as visas, passports and notarized authorizations. For more information on U.S. entry requirements, please visit www.travel.state.gov or www.dhs.gov. IN ADDITION, ALL PARTICIPANTS MUST BE PREPARED TO PRESENT A VALID PASSPORT OR STATE ISSUED IDENTIFICATION, WHICH MATCHES THE NAME ON THE PASSENGER MANIFEST AND TICKET, WHEN BOARDING THE AIRCRAFT. IF THEY DO NOT, FOR ANY REASON, THEY MAY BE DENIED BOARDING WITHOUT REFUND.
RESPONSIBILITY FOR DAMAGE TO AIRCRAFT
Participant acknowledges that it is responsible for any damage to aircraft used to perform the Charter resulting from Participant’s actions or negligence and will fully reimburse BGA and/or the Direct Air Carrier for the cost of repairing such damage.
The rights and remedies made available under this contract are in addition to any of the rights and remedies available under Illinois law. By executing this Agreement, you specifically acknowledge and consent to all conditions set forth herein. This Agreement contains the entire agreement between the parties and it completely supersedes any prior written or oral agreements or representations. This Agreement can be amended only in writing and must be signed by both parties. Any oral representations or modifications shall have no force or effect. Illinois state law shall govern this Agreement. Any claim against BGA must be presented in writing within ten days of the date of your return flight, and BGA is expressly not liable for any claims presented after said ten-day period.
All disputes under this Agreement shall be handled between the parties or shall be settled by binding arbitration in Chicago, Illinois, or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
This Agreement is governed by and construed in accordance with the internal laws of the State of Illinois, USA, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Illinois. To the extent that any legal suit, action or proceeding arising out of or related to this Agreement initiated by Participant is not subject to arbitration as set forth above, such suit, action, or proceeding shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, USA in each case located in the city of Chicago and County of Cook, USA, and Participant irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
The Agreement contains the entire understanding between BGA and Participant with respect to the Charter and transactions and matters contemplated herein and supersedes all prior and contemporaneous understandings, agreements, communications, understandings and course of dealing, both written and oral, between Participant and BGA concerning the subject matter hereof.
Electronic signature or acceptance through the internet, GDS, or app including, but not limited to, acceptance by the travel agent (as representative of the Participant) will be an acceptable form of acknowledgement to the terms and conditions of this Agreement.
For telephone sales in which the Participant pays by credit card, BGA will send a copy of this Agreement by mail or electronic mail within 24 hours of accepting payment by credit card. Participant must execute the Agreement prior to travel. Participant may call within 3 days of receipt to cancel and receive a full refund if the Participant decides not to participate in the Charter after reviewing the Agreement. Participants who do not cancel or who present themselves for boarding on the charter flight are deemed to have executed the Agreement.
BGA is committed to quality service. In the event that you have cause for dissatisfaction during your Charter, please contact one of our Guest Service Representatives at (833) 228-9933 or email service@BigGameAir.com.