Contract of Carriage
Passenger transportation by Backcountry Aviation, Inc. is subject to the following terms and conditions, any terms and conditions printed on or furnished with any ticket or other transportation document, and, when applicable, treaties, government regulations, and tariffs on file with the Department of Transportation. By making a reservation or accepting transportation on Backcountry Aviation, Inc., the Passenger agrees to be bound by this Contract of Carriage.
Aircraft having Seating Capacity of 6 Seats or Less means scheduled and non-scheduled service will be flown in Cessna T model aircraft.
Carriage means the transportation by Backcountry Aviation, Inc. of passengers and/or baggage by air, gratuitously or for hire, and all services of Backcountry Aviation, Inc. related directly thereto.
Carrier means Backcountry Aviation, Inc.
Carry-on Baggage means one small personal item that can be securely strapped over the shoulder. Custody of Carry-on Baggage does not transfer to Backcountry Aviation, Inc. but remains with the Passenger at all times.
Checked Baggage means no more than one piece of baggage checked for Carriage, weighing no more than thirty (30) pounds and as is necessary or appropriate for the wear, use, comfort or convenience of the Passenger for the purpose of the trip. The total dimensions of each piece (length plus width plus height) shall not exceed sixty-six inches. All baggage is carried on a space-available basis.
Contract means this Contract of Carriage.
Convention means the Convention for the Unification of Certain Rules for International Carriage By Air done at Montreal, May 28, 1999 (also known as the Montreal Convention).
Disabled Individual means a person who:
a) has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities,
b) has a record of such an impairment, or
c) is regarded as having such an impairment, as those terms are further defined in Department of Transportation Regulations, 14 CFR section 382.5.
Passenger means any person, except members of the aircraft’s crew, carried or to be carried in a Backcountry Aviation, Inc. operated aircraft with Backcountry Aviation, Inc. knowledge and consent. A person shall cease to be a Passenger when that person’s movements are no longer governed by Backcountry Aviation, Inc. air operations. A person who is identified at any time or in any way as a knowing participant in the commission of a War Risk Occurrence (as defined in applicable insurance provisions) shall not be considered a Passenger for the purposes of this Contract of Carriage.
Qualified Disabled Individual means a Disabled Individual who:
a) with respect to accompanying or meeting a traveler, use of ground transportation, using terminal facilities or obtaining information about schedules, fares or policies, takes those actions necessary to avail himself or herself of facilities or services offered by Backcountry Aviation, Inc. to the general public, with best effort provided by Backcountry Aviation, Inc.;
b) with respect to obtaining a reservation or ticket for air transportation on Backcountry Aviation, Inc., offers or makes a good faith attempt to offer to purchase or otherwise validly obtain a reservation or ticket;
c) with respect to obtaining air transportation or other services or accommodations, as provided by Department of Transportation regulations on Nondiscrimination on the Basis of Disability in Air Travel, 14 CFR Part 382:
1) purchases or possesses a valid reservation or ticket for air transportation on Backcountry Aviation, Inc. and presents himself or herself at the airport for the purpose of traveling on the flight for which the ticket has been purchased or obtained;
2) meets reasonable, nondiscriminatory Contract of Carriage requirements applicable to all passengers; and
3) whose carriage will not violate the requirements of the Federal Aviation Regulations or, in the reasonable expectation of Carrier’s personnel, jeopardize the safe completion of the flight or the health or safety of any person.
2. Reservations, Changes and Cancellations.
a) A reservation for space on a given flight is valid when the availability and allocation of such space is confirmed to Passenger by Backcountry Aviation, Inc. or by an authorized agent of Backcountry Aviation, Inc., is entered into Backcountry Aviation, Inc. reservation records due to Transportation Security Administration requirements, and full payment has been received. No person shall be entitled to Carriage without a valid, confirmed reservation. All reservations are non-transferable and non-assignable. Reservations may be used only by the Passenger named on the reservation at the time the reservation is made. Backcountry Aviation, Inc. reserves the right to refuse Carriage to any person who has acquired a reservation in violation of this Contract, any applicable law or Carrier’s rules and regulations, or as otherwise set forth in this Contract.
b) Confirmed reservations, if not used, must be cancelled 24 hours prior to the scheduled departure time or the reservation and fare will be forfeited by passenger.
c) All Passengers must obtain a boarding pass from Carrier at least 15 minutes prior to scheduled departure time. Failure to obtain a boarding pass at least 15 minutes prior to scheduled departure time may result in the cancellation of the Passenger’s reservation and forfeiture of payment made for air transportation.
d) Backcountry Aviation, Inc. will refuse to honor any reservation when such action is reasonably deemed necessary to comply with applicable governmental regulations or requests.
e) When a round trip reservation has been made and the Passenger fails to travel on the first flight of the trip (a “no-show” situation), Backcountry Aviation, Inc. will cancel the return portion of the Passenger’s reservation without notification or refund.
f) With the exception of involuntary refunds resulting from flight cancellation by Backcountry Aviation, Inc., all restricted-fare tickets on Backcountry Aviation, Inc. are non-refundable.
g) Ground transportation, unless purchased from Backcountry Aviation, Inc. as part of a travel or sightseeing package offered by Backcountry Aviation, Inc., is exclusively the responsibility of the Passenger.
h) Smoking aboard Backcountry Aviation, Inc. aircraft is strictly prohibited.
a) Carriage on Backcountry Aviation, Inc. is subject to the fares, taxes and charges in effect on the date on which the reservation was made and confirmed by full payment by Passenger. If the reservation is confirmed before an increase in the fare becomes effective, the reservation shall be honored as purchased.
b) Fares apply only between the points named and via the routing as shown in Backcountry Aviation, Inc. current city list and are not applicable to or from intermediate points.
c) Backcountry Aviation, Inc. reserves the right to collect additional taxes, fees and charges imposed by any governmental entity after the reservation has been made and paid for, but before transportation commences.
d) All fares and charges are stated in U.S. currency.
A Passenger is not entitled to a refund when the Passenger cancels, changes, or fails to use his or her reservation except as set forth in Section 2 of this Contract of Carriage. If Backcountry Aviation, Inc. cancels or otherwise fails to operate a flight, or denies boarding to a Passenger with a valid reservation, the Passenger will be entitled to a full refund of the applicable fare paid by the Passenger.
5. Carrier’s Cancellation or Failure to Operate.
Whenever Backcountry Aviation, Inc. cancels or otherwise fails to operate a scheduled or non-scheduled flight, Backcountry Aviation, Inc. will, at the request of the Passenger provide passenger with a refund in accordance with Section 4 above. Backcountry Aviation, Inc. shall have no other liability or responsibility to any passenger as a result of a failure to operate
any flight. Backcountry Aviation, Inc. will endeavor to carry passengers and their baggage with reasonable dispatch, but times shown in schedules and elsewhere are not guaranteed and form no part of this Contract of Carriage. Backcountry Aviation, Inc. may, without notice, substitute alternate carriers or aircraft and, if necessary, add, alter or omit intermediate stops. All schedules are subject to change without notice. Backcountry Aviation, Inc.is not responsible and assumes no liability for failure to make connections with its own flights or the flights of any other airline. UNDER NO CIRCUMSTANCES SHALL CARRIER BE LIABLE TO ANY PASSENGER FOR ANY TYPE OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
6. Refusal to Transport.
The following persons will be refused transportation on Backcountry Aviation, Inc.:
a) A Passenger whose Carriage on Backcountry Aviation, Inc. must be denied in order to comply with any government regulation or any governmental request for emergency transportation.
b) A Passenger whose Carriage is reasonably deemed by Backcountry Aviation, Inc. to be inadvisable or inappropriate due to special circumstances or concerns beyond the control of the Backcountry Aviation, Inc., including without limitation weather conditions, acts of God, force majeure, strikes, civil commotions, embargoes, and wars or other hostilities, whether actual, threatened or reported.
c) A Passenger who refuses to permit a search of his or her person or property for explosives or for concealed, deadly or dangerous weapons or other prohibited articles, or who refuses or is unable to provide government-issued photo identification.
d) A Passenger requiring medical oxygen for use on board of aircraft, or an incubator or hook-up for a respirator on board the aircraft, or a person who is traveling on a stretcher.
e) A Qualified Disabled Individual whose Carriage may impair the safety of the flight or violate Federal Aviation Regulations. Backcountry Aviation, Inc. may require that a Qualified Disabled Individual be accompanied by an attendant as a condition of being provided air transportation under the following circumstances:
1) A person who, because of a mental disability, is unable to comprehend or respond accordingly to safety instructions from Backcountry Aviation, Inc. personnel, including but not limited to the safety briefing required by Federal Aviation Administration (FAA) regulations;
2) A person with a mobility impairment so severe that the person is unable to assist in his or her own evacuation of the aircraft;
3) A person who has both severe hearing and severe vision impairments to the extent that the person cannot establish a means of communication with the Backcountry Aviation, Inc. personnel adequate to permit transmission of the safety briefing required by FAA regulations. Passengers are advised that, in accordance with Federal regulations, the safe boarding or Carriage of a Qualified Disabled Individual on Aircraft having Seating Capacity of 6 Seats or Less may not be possible under certain circumstances.
7. Other Refusal or Removal of Passengers.
In addition to persons who may be refused transportation on Carrier under Section 6 above, refusal to transport or removal of the following Passengers may be necessary for the comfort and safety of the affected Passenger or other Passengers:
a) Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, violent, or whose clothing is lewd, obscene, or patently offensive;
b) Persons who are unable to sit in the seat in the full upright position with the seat belt fastened;
c) Persons who appear to be intoxicated or under the influence of drugs;
d) Persons who are known to have a contagious disease;
e) Persons who refuse to comply with instructions given by agents or representatives of Backcountry Aviation, Inc..
f) Persons who have an offensive odor, except where such condition is the result of a qualified disability;
g) Persons over twelve years of age who are barefoot;
h) Persons who carry or have about their persons deadly or dangerous weapons, concealed or unconcealed; provided however, Backcountry Aviation, Inc. will carry Passengers who meet the qualifications and conditions established in applicable security programs or regulations;
i) Manacled persons in the custody of law enforcement personnel; persons brought to the airport in manacles; persons who resist being escorted; or escorted persons who express to Backcountry Aviation, Inc. personnel objection to the flight;
j) Persons having a condition that becomes evident upon the person’s arrival at the airport or check-in location, and the condition renders the person unacceptable for Carriage;
k) Persons who are unwilling or unable to abide by Backcountry Aviation, Inc. and FAA’s no-smoking rules.
8. Refused or Removed Passengers - Refunds.
The tickets of any Passenger refused Carriage or removed under the provisions of this Contract will be refunded in accordance with Section 4 above. Such a refund shall be the sole recourse of any passenger refused Carriage. UNDER NO CIRCUMSTANCES WILL BACKCOUNTRY AVIATION, INC. BE LIABLE TO ANY PASSENGER, REFUSED PASSENGER, OR REMOVED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
9. Qualified Disabled Individuals – Special Provision.
Backcountry Aviation, Inc. may not refuse to provide transportation to a Qualified Disabled Individual solely because the person’s disability results in appearance or involuntary behavior that may offend, annoy or inconvenience crewmembers or other Passengers. Flight attendants are neither required nor employed on Backcountry Aviation, Inc. flights and Backcountry Aviation, Inc. does not provide inflight special services or assistance to any Passenger.
10. Unaccompanied Minors
a) Children under the age of 12 years are not accepted for unaccompanied travel.
b) Passengers 12 years of age and over are considered adults for the purpose of this Contract of Carriage.
11. Infants and Small Children, Child Restraint Seats.
a) Backcountry Aviation, Inc. requires all Passengers traveling with children under 2 years old to secure the child in an FAA approved child restraint system (car seat) in the child’s own purchased seat. As proof of the child’s age, a Passenger traveling with a child must present the child’s birth certificate, passport or immunization records at the time of travel. Children between 1 and 7 days old must have written approval from their attending physician to travel on Backcountry Aviation, Inc.. Backcountry Aviation, Inc. does not reserve a seat for children under the age of 2 years old unless the child’s seat is purchased at the regular applicable fare. Backcountry Aviation, Inc. will not accommodate small children and infants in the event flight conditions are such that they could not be carried safely.
a) Car seats manufactured since 1985 must state, in red lettering, “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT” and “This child restraint conforms to all applicable Federal motor vehicle safety standards.”
b) Car seats manufactured before 1985 must state: “This child restraint system conforms to all applicable Federal motor vehicle safety standards.”
c) Child restraint seats may not be used in an emergency exit row.
d) It is the responsibility of the parent or adult accompanying a child under 2 years of age to ensure that the restraint device functions correctly, that the child is adequately secured by the device, that the child’s weight and height do not exceed applicable limitations for use as a car seat and that the device has been properly secured to the aircraft seat.
e) Children may not be placed in booster seats, restraint vests, restraint harnesses and other devices that do not meet the FAA requirements set forth above.
12. Denied Boarding Compensation.
In the event of an oversold flight, passengers involuntarily denied boarding are entitled to a full refund of the fare paid.
13. Inspection of Passengers and Property.
Baggage tendered for Carriage either as checked baggage or as carry-on baggage is subject to inspection for security reasons. Passengers and their baggage are subject to inspection (security screening) with an electronic detector or otherwise with or without the Passenger’s consent or knowledge.
14. Carry-On Baggage.
a) Carry-on Baggage is limited to one small personal item that can be securely strapped over the passenger’s shoulders. Carry-on Baggage is solely the responsibility of the passenger and Backcountry Aviation, Inc. does not take custody of such baggage at any time. Claims for lost, forgotten, or stolen Carry-on Baggage will not be accepted by the Carrier.
b) On any flight, Backcountry Aviation, Inc. reserves the right to further restrict Carry-on-Baggage as circumstances may require.
c) Mobility and other assistive devices upon which a Qualified Disabled Individual is dependent may be carried in addition to the Carry-on Baggage allowance. Backcountry Aviation, Inc. will make the best effort to accommodate them on the same aircraft unless mobility and other assistive devices do not fit into or cannot be safely secured on board the small aircraft operated by Backcountry Aviation, Inc.
d) Backcountry Aviation, Inc. does permit dogs and cats to be transported as carry-on baggage.
e) Backcountry Aviation, Inc. will permit dogs and other service animals used by Qualified Disabled Individuals to accompany the Passenger on a flight at no additional charge. Backcountry Aviation, Inc. will accept as evidence that an animal is a service animal presentation of identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the reasonable credible verbal assurances of the Qualified Disabled Individual using the animal. Backcountry Aviation, Inc. will permit a service animal to accompany a Qualified Disabled Individual in any seat unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation of the aircraft.
f) Backcountry Aviation, Inc. will refuse to carry baggage, articles or items that, in Backcountry Aviation, Inc. reasonable opinion, might create a risk of harm to the aircraft, its crew, or any Passenger.
15. Checked Baggage.
Subject to restrictions set forth below, Backcountry Aviation, Inc. will accept as Checked Baggage, as defined above, baggage belonging to a Passenger, for carriage on the flight on which the Passenger is traveling. Backcountry Aviation, Inc. will not accept Checked Baggage to a destination other than the final destination on the Passenger’s reservation. Acceptance of Checked Baggage by Backcountry Aviation, Inc. is subject to the following additional terms and conditions:
a) Each piece of Checked Baggage must have a current identification tag or label on the outside containing the Passenger’s name, address and phone number.
b) Backcountry Aviation, Inc. will refuse to accept property as Checked Baggage which, because of its nature or characteristics, might cause damage to other baggage or the aircraft or baggage that might be damaged in transit.
c) Backcountry Aviation, Inc. will not accept as Checked Baggage any article that cannot be carried in the baggage compartment of the aircraft.
d) A Passenger may check baggage up to 4 hours prior to the scheduled time of departure provided that the Passenger remains at the airport facility until flight departure.
e) Checked Baggage must be checked in with Backcountry Aviation, Inc. at the airport at least sixty (60) minutes in advance of the scheduled time of departure at large commercial airports and fifteen (15) minutes at small rural community airports.
f) Limitations on number of pieces and weight of Checked Baggage are set forth under the definition of Check Baggage set forth in Section 1 of this Contract.
g) Backcountry Aviation, Inc. does accept animals as checked baggage.
16. Excess Baggage.
In addition to the Checked Baggage and Carry-on Baggage allowance, one infant stroller or one infant car seat per infant traveling may be checked at no extra charge and will be transported only if space is available and will fit into the limited area available for baggage on Backcountry Aviation, Inc. small aircraft.
Backcountry Aviation, Inc. will refuse to accept for Carriage any firearms and ammunition other than firearms unless passenger is an armed official – (see 7. h)
18. Hazardous Materials / Dangerous Goods.
Federal law prohibits hazardous materials from being included in either Checked Baggage or Carry-on Baggage. For example, items such as explosives, compressed gases, oxidizers, corrosives, flammable liquids and solids, loaded firearms, radioactive materials and poisons are considered hazardous. Some common examples of prohibited items include paints, mace/tear gas, lighter fluid, oxygen bottles and fireworks. Other common items that may be carried, in limited quantities, within baggage, include hairspray, perfume, and certain medicines. Dry ice will be accepted within Checked Baggage if the dry ice is
contained in a package that (a) allows the release of carbon dioxide, (b) is plainly marked with the words “dry ice” or “carbon dioxide solid” together with the weight of the dry ice and the name of the contents being cooled, and (c) the package contains less than 5 lbs of dry ice for Checked Baggage.
19. Wheelchairs and Wheelchair Batteries.
Backcountry Aviation, Inc. will accept only manually operated wheelchairs as checked baggage provided the wheelchair can be safely stowed in the limited space available for baggage on board Backcountry Aviation, Inc. small aircraft. Passengers are advised that, in accordance with Federal regulations, the safe boarding or Carriage of a Qualified Disabled Individual on Aircraft having Seating Capacity of 6 Seats or Less may not be possible under certain circumstances
20. Medical Equipment and Supplies.
Medical Oxygen, incubators, and stretchers may not be carried onto Backcountry Aviation, Inc. aircraft.
21. Limitation of Carrier’s Liability for Loss, Damage or Delay of Baggage.
Backcountry Aviation, Inc. will accept Checked Baggage or other excess items, as identified in this Contract of Carriage, subject to the following conditions:
a) Backcountry Aviation, Inc. liability for loss of, damage to or delay in the delivery of Checked Baggage or its contents is limited to proven damage or loss occurring while such baggage is in Carrier’s custody. Under no circumstances will Carrier’s liability exceed $500 per Passenger. Passengers must make reasonable efforts to minimize the amount of damage or loss. Actual value of reimbursement of lost or damaged property shall be determined by documented original purchase price less any applicable depreciation for prior usage or damage.
b) Backcountry Aviation, Inc. will be liable for personal property only for the period in which it is in the custody of Backcountry Aviation, Inc.. Backcountry Aviation, Inc. will assume no liability or responsibility for property carried onboard an aircraft by a passenger, which shall be considered to be retained in the custody of the passenger at all times.
c) Backcountry Aviation, Inc. assumes no responsibility or liability for money, jewelry (including watches), cameras, video, audio or other equipment (including computers), silverware, negotiable papers, securities, business documents, items intended for sale, paintings, antiques, artifacts, manuscripts, furs, irreplaceable books or publications and similar valuables contained in Checked Baggage or Carry-on Baggage. Passengers are encouraged to carry such items personally. Backcountry Aviation, Inc. reserves the right to require the passenger to sign a liability release before accepting such items for transportation; however, if any items of the type described in this paragraph are lost, damaged or delayed, Passenger will not be entitled to any reimbursement or compensation from Carrier, whether or not a release has been signed by the Passenger.
d) Backcountry Aviation, Inc. will not be liable for damage, loss or theft of Carry-on Baggage or any items contained in such baggage. Assistance provided by crewmembers to properly store such Carry-on Baggage does not transfer custody to or incur liability on the part of Carrier.
e) Backcountry Aviation, Inc. shall not be liable for loss or damage to baggage wheels, pockets, pull handles, zippers, hanger hooks, external locks, pull straps or security straps or any incidental damage such as scuffs, dents, stains, or cuts. Backcountry Aviation, Inc. shall not be liable for loss or damage to articles (including zippers) caused by manufacturer’s defect or over-packed baggage.
f) Backcountry Aviation, Inc. will not be liable for baggage not claimed within thirty (30) minutes after baggage has been made available to Passengers at the baggage claim area of the arrival airport. Backcountry Aviation, Inc. custody of baggage terminates upon the baggage being made available to Passengers at the claim area.
22. Fragile and Perishable Items in Baggage.
Backcountry Aviation, Inc. assumes no liability for fragile or perishable goods. Backcountry Aviation, Inc., in its discretion, may refuse to accept any fragile or perishable goods. If Backcountry Aviation, Inc. does accept such goods for Carriage, it reserves the right to require Passenger to sign a liability release with respect to such goods. Backcountry Aviation, Inc. shall not be responsible for loss, damage or delay of such fragile items whether or not such a release has been signed by the passenger. Fragile items include, without limitation, items such as the following: camera equipment, ceramics, china, computers, crystal, dolls, DVD players, figurines, flowers, glass or glass containers, models, musical equipment, paintings, perfumes, plants, sculptures, trophies, vases and wines. Perishable items include without limitation, items such as fruits, vegetables, meats, fish, poultry, bakery products, or other forms of food, flowers, floral displays and plants. Such items may also be subject to applicable agriculture rules of the destination jurisdiction. Dry ice shipments are limited by hazardous materials regulations and are subject to Section 18 of this Contract.
23. Improperly Packaged and Damaged Items; Late Items.
Backcountry Aviation, Inc. reserves the right to refuse to transport items that are improperly packaged, as determined in Carrier’s discretion, or that are damaged at the time the item is checked, or that are presented to be checked as baggage less than sixty (60) minutes before scheduled flight departure. As a condition of accepting such items, Carrier may require the Passenger to sign a liability release form.
24. Claims, Notice and Limitations.
Notice of any claim, loss, damage or delay in the delivery of baggage must be given to an Backcountry Aviation, Inc. employee at an Backcountry Aviation, Inc. customer service counter or any office of Backcountry Aviation, Inc. within four (4) hours after arrival of the flight on which the claim, loss, damage or delay is alleged to have occurred. Confirming written notice of any baggage related claim, and initial written notice of any other type of claim against Backcountry Aviation, Inc., with appropriate details of the claim, must be given to Backcountry Aviation, Inc. not more than 21 (twenty-one) days after the occurrence of the event giving rise to the claim. Failure to give notice within these time limits will not bar the claim if the claimant establishes to the satisfaction of Backcountry Aviation, Inc. that he/she was unable to give such notice. Except as otherwise required by law, legal action on any claim described above must be brought within one year of Backcountry Aviation, Inc. written denial, in whole or in part, of the claim.
25. Government Laws and Regulations.
All transportation is sold and all Carriage is performed under and in compliance with all applicable laws, rules and regulations, including those of the Federal Aviation Administration, Department of Transportation and Transportation Security Administration, and all applicable Conventions, special contracts, treaties and tariffs, many of which are not specified herein but are nevertheless binding on Backcountry Aviation, Inc. and all Passengers.
26. Right to Modify Contract.
Backcountry Aviation, Inc. reserves the right, to the extent not prohibited by law, to change, delete, or add to any of the terms of this Contract of Carriage without prior notice. All changes must be adopted by Backcountry Aviation, Inc. in writing and must be available for public inspection at each of the Backcountry Aviation, Inc. ticket offices.
27. Scope of Contract.
This contract applies to and governs only with respect to Backcountry Aviation, Inc. scheduled and non-scheduled air transportation services. No agent, employee or representative of Backcountry Aviation, Inc. has authority to change or waive any provision of this Contract of Carriage.
The headings used in this Contract of Carriage are intended for convenience only and in no way define, limit or describe the scope or substance of any provisions of this document.