Operator Participant Agreement

1.                  General: Vieques Airlink Inc (“VAL”), 1225 Ponce de Leon Ave. Ste. 905, San Juan, PR 00907, is the authorized Public Charter operator. The price of the flight, date of travel, origin and destination cities and other conditions are as specified in the applicable VALissued itinerary and are incorporated herein by reference. The price includes air transportation and any applicable taxes, fees, and charges for travel only; it does not include any ground transportation, accommodations, or services.

2.                  Reservations and Payment: Flight reservations may be made directly with VAL through its website and call center at www. viequesairlink.com and 1-888-901-9247. Full payment is due at the time the reservation is made. If the flight is fully booked when your reservation request is received, payment received by VAL, if any, will be returned within 7 days.

The booking process is not complete, no ticket will be issued, and the Passenger will be barred from boarding any flight until the Passenger (or another passenger paying for the Passenger’s travel) electronically or physically signs this agreement. In the event of a telephone sale through an VAL Call Center for which the Passenger pays by credit card, VAL will send a copy of this agreement by regular US mail or electronic mail within 24 hours of accepting Passenger’s credit card payment. The Passenger must physically or electronically sign the agreement and provide their signature page to VAL prior to travel. Such a Passenger is entitled to a full refund if the he or she decides to cancel their reservation after reviewing the agreement.

The Participant is entitled to a full refund if the Participant decides to cancel their reservation after reviewing the Agreement. VAL accepts PayPal by which you use your PayPal Account or use your American Express, MasterCard, or Visa cards. VAL does not accept cash or checks. Participants waive any chargeback rights associated with claims resulting from factors that are not under the control of, or not the responsibility of VAL. Except as explicitly otherwise provided herein, fares and fees are non-refundable and any changes to thereservation will incur an administrative fee of $25.00 per person plus any applicable increase in fare. Notwithstanding the forgoing, any Participant who wishes to cancel will receive a full refund (less a $50.00 administrative fee) only upon providing a substitute Participant to VAL or its sales agent or upon being substituted for by a Participant found by VAL, at its discretion. All payments are payable and/or deposited to and held in a public charter escrow depository account at First Merchants Bank 32991 Hamilton Court; Farmington Hills, MI 48334 (“Depository Bank”), and administrated by Shelby Financial, 5 Great Valley Parkway, Suite 110, Malvern, PA 19085. Passenger funds are also protectedby a separate public charter surety trust issued by First Merchants Bank 32991 Hamilton Court; Farmington Hills, MI 48334 (“Securer”). Unless you file a claim with the Securer, within 60 days of completion of the Charter Flight (or, in the case of cancellation, the intended date of your scheduled return Charter Flight), the Securer will be released from all liability to you under the security agreement.If there is no return flight in your itinerary, completion means the date or intended date of departure of the last flight in your itinerary. All transactions between the Passenger (or the Passenger’s agent) and VAL shall be solely in United States Dollars. VAL is not responsible for any fluctuations in foreign currency exchange rates.

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  VAL offers refundable and non-refundable fare options.

   

  Non-refundable fares: changes to the itinerary will be subject to availability and a change fee of $18.00 per direction, per passenger, plus fare difference, if applicable. For any cancellations 48 hours in advance of flight time, there is a 20% cancellation fee. If canceled within 48 hours prior to the flight time including day of travel, there will be a 50% cancellation fee. Failure to cancel a reservation in advance of check-in will result in forfeiture of 100% of payment for the “no-show” segment. All changes and cancellations can be made online by clicking MY RESERVATION , or contacting the Call Center. In the event of a change or cancellation, the remaining amount is not refundable and not transferable but may be used towards the purchase of any future travel within the next 12 months. Any unused credits will expire after 12 months. Name changes on an existing reservation, prior to the flight will be an extra cost of $7.50 per passenger, per segment.

   

  Refundable Fares: changes to the itinerary will be subject to availability and a change fee of 20% per direction, per passenger, plus fare difference, if applicable.  Cancellation up to 1 hour before departure: fare is refundable, less a 20% service fee per passenger per direction. Failure to cancel 1 hour prior to departure will result in forfeiture of 100% of payment for the “no-show” segment (no credit given). All changes and cancellations can be made online by clicking MY RESERVATION , or contacting the Call Center. Name changes on an existing reservation, prior to the flight will be an extra cost of $7.50 per passenger, per segment.

   

  3.                  Financial Protection: In accordance with federal regulations, your payment is protected in part by a security agreement between VAL and United Surety & Indemnity Company PO Box 2111 San Juan, Puerto Rico 00922-2111. Unless you file a claim with VAL, or if VAL is unavailable, with United Surety & Indemnity Company, within sixty (60) days after arrival (or in the case of a canceled flight, the intended date of arrival) of the last flight in your itinerary, United Surety & Indemnity Company shall be released from all liability to you under the security agreement. In addition, your payment is deposited in VAL’ Public Charter depository (escrow) account at Centennial Bank. Payment by credit card is subject to a refund prior to your acceptance of this agreement.

   

  4.                  Air Transportation: Flights are operated by VAL using 9 passenger British Norman Islander or 5 passenger Piper PA32-Cherokee aircraft. VAL provides air transportation subject to applicable laws, rules, regulations and agreements, and the performance of each flight is subject to issuance of such approvals, clearances, permits and operating authorities as may be required by any government, governmental agency or airport authority for the operation of such flight. VAL reserves the right to substitute another duly-licensed air carrier and/or to change the aircraft type, capacity and routing, and does not guarantee nonstop service. No refund will be provided for such substitutions or changes. Additionally, and subject to the provisions of Paragraph 6 of this contract governing Major Changes, VAL reserves the right to change the form of service from charter flight to scheduled flight and vice versa. Consumer protections afforded Public Charter passengers will apply only to those passengers who travel on a Public Charter flight. Passengers who travel on scheduled flights will receive the consumer protections applicable to scheduled service. Travel documents issued by VAL are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed. Smoking is prohibited on all flights, including all tobacco products and the use of electronic cigarettes. Lithium battery operated devices, including but not limited to electronic cigarettes, mobile phones, and laptop and tablet computers, may not be included in checked baggage but may be included in carry-on baggage or on one’s person. Any spare batteries must be insulated from one another.

  Notwithstanding the forgoing or any other terms in this Agreement, the aircraft’s crew members, including but not limited to the Captain, may deny boarding or refuse to transport any Passenger, article of baggage or animal for reasons of flight safety, aircraft performance or other limitation, or for the security, comfort, or safety of the other Passengers on the flight, or if such transportation would violate federal regulations (including but not limited to FAA and TSA regulations) or VAL’s FAA-issued operating manuals.

   

  • 4.1. Passengers with Disabilities and Special Needs: VAL complies with the U.S. Department of Transportation’s regulation titled “Nondiscrimination on the Basis of Disability in Air Travel” (14 CFR Part 382) and offers special services to assist Passengers with disabilities. These services are described in the contract of carriage documents.

    These sections and rules are incorporated herein by reference and can be viewed by: – visiting the Vieques Air Link website at or calling VAL call center at 1-888-901-9247.

    Passengers needing special services should request them through the applicable call center at least 48 hours in advance of the departure of their flight. Due to aircraft size, VAL cannot provide transportation to passengers who must travel in/on a stretcher or infants who must travel in incubators or Infant Transport Systems.

    Passengers who, because of age, mental or physical condition, disability or impairment that requires individual attention or consideration to enplane or deplane an aircraft or to manage oneself during the flight in normal operations or emergency conditions, will be afforded a reasonable amount of assistance by VAL employees.

    This assistance will be provided in a dignified, safe, professional, and courteous manner. VAL will extend this assistance to all qualified individuals with a disability as defined in 14 CFR Part 382.

    If any Passenger requires special assistance, VAL requests that such needs be communicated at the time the reservation is made, or if the reservation is made online, that the Passenger contact the applicable Call Center at least 48 hours prior to the departure of the flight so that the need can be documented in the Passenger’s reservation through a Special Service Request and VAL staff can be prepared for the Passenger’s arrival at the airport.

     

  • 4.2. Passengers with Animals and/or Other Special Services: VAL’ policies regarding the transportation of service animals, and other animals, in the passenger cabin on its flights are found in the contract of carriage.

     

    These services are described in the contract of carriage documents. These sections and rules are incorporated herein by reference and can be viewed by:

    – visiting the Vieques Air Link website at or calling VAL call center at 1-888-901-9247.

    Except for Major Changes as described below, no refund will be made for services included in the price that are not used. Baggage charges, including excess/overweight baggage fees, unaccompanied minor fees, and change fees are in addition to the airfare.

    Please contact the appropriate Call Center for a description of these charges and to arrange such services.

6.                  Cancellations by VAL, Price Terms, and Major Changes: VAL reserves the right to cancel a flight for any reason, provided VAL notifies you in writing within seven (7) days after the date of cancellation, but no later than ten (10) days before the scheduled departure date. A full refund will be made within fourteen (14) days after such cancellation. VAL will not cancel a flight less than ten (10) days before departure, except for circumstances that make it physically impossible to perform the flight. If such a circumstance occurs, VAL will notify you as soon as possible, and if the flight is canceled, VAL will refund all monies within fourteen (14) days. If VAL makes a pre-departure major change to a flight, you may cancel your reservation within seven (7) days after receiving notification of the major change, but in no event later than departure, and you will receive a full refund within 14 days after canceling. Only the following constitute major changes: (i) a change in the departure or return date unless the change results from a

flight delay experienced by VAL, although a delay of longer than forty-eight (48) hours will always be considered a major change; (ii) a change in the origin or destination city of any flight (unless the change results from a flight diversion necessitated by weather conditions at the intended destination or other operational factor); (iii) a price increase of more than ten (10) percent occurring ten (10) or more days before departure; or (iv) if the itinerary purchased from VAL includes hotel accommodations, a substitution of any hotel not named in the VAL-issued itinerary. If a major change occurs, VAL will notify you within seven (7) days after learning of the change, but at least ten (10) days before the scheduled departure. If VAL first knows of a major change less than ten (10) days before departure, VAL will notify you as soon as possible. If a major change which you are unwilling to accept occurs after departure of your flight, VAL will refund within fourteen (14) days the portion of your payment which applies to the service not provided.

7.                  Passenger Cancellations, Changes of Dates, and Refunds: Your right to receive a refund if you change plans is limited. VAL publishes the fare rules for each of its brands on their website. To request a refund, itinerary change, or name change, call VAL at 1888-901-9247.

8.                  Baggage Allowance and Restrictions: all VAL fares include 25lbs per ticketed passenger free, including carry on and personal items. Additional weight exceeding 25lbs will be charged $2.00 per pound, baggage rules can be found by visiting the website below:

https://viequesairlink.com/baggage-policy/
In the case of a passenger with a disability, any baggage allowance will include, in addition to baggage allowed under the applicable fare rule, the passenger’s mobility aid and/or other disability-related device(s) (except certain devices, such as battery-powered wheelchairs or scooters, that are too large to fit in the baggage compartment of the aircraft operated by VAL and cannot be carried). For all passengers, vital medicines including insulin, pills, and other medications may not be included in checked baggage and must be hand-carried by the passenger. VAL will not be liable or responsible for any medical complications or expenses incurred by a passenger because of medications being included in passenger’s checked baggage and not available while traveling or thereafter. Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to aircraft weight and space restrictions and additional charges. VAL accepts as baggage only such personal property as is necessary and appropriate for the wear, use, comfort, or convenience of the passenger on his or her trip. VAL will refuse to accept the following articles for transportation unless advance written arrangements have been made with and accepted by VAL: firearms and ammunition; any liquids in baggage or otherwise; any live animals (other than a service animal as determined by an identification card, other written documentation, presence of harness or identifying tag, or the credible verbal assurances of an individual with a disability using the animal). Under no circumstances will VAL except for transportation in checked or hand-carried baggage, nor may any passenger bring aboard the aircraft, any article constituting or containing a hazardous material. For this purpose, hazardous material (also known as HAZMAT, Dangerous Goods or DG) is defined as any article or substance the transportation of which by air is prohibited, restricted, or otherwise affected by any rule or regulation of the US Department of Transportation, including the Pipeline and Hazardous Materials Safety Administration (PHMSA), the US Federal Aviation Administration, or the International Civil Aviation Organization.

Convention and special contracts of carriage provide that the liability of the air carrier, in the event of death of or personal injury to a passenger, is limited, in most cases, to proven damages not to exceed 113,100 Special Drawing Rights (equal to approximately

$150,000.00 as of July 2022) per passenger, and that this liability, up to such limit, shall not depend on negligence on the part of the carrier. In the case of loss, damage or delay of baggage, the limit is 1,131 Special Drawing Rights (equal to approximately $1,500.00 as of July 2022). Information on the current value of a Special Drawing Right is available at www.imf.org. To the maximum extent permitted by law, no action shall be commenced for loss of, damage to or delay in delivery of baggage or on any other claim including personal injury or death arising out of, or in connection with, air transportation, or for failure to transport any passenger or baggage, unless notice of the claim is presented to the air carrier within seven (7) days from receipt of baggage in the case of a claim for baggage damage, and within twenty-one (21) days from receipt of baggage in the case of a claim for delay; or four (4) hours of the flight arrival time at the destination city in the case of a claim for lost baggage; or seven (7) days after the alleged occurrence in the case of a claim for personal injury. Further, to the maximum extent permitted by law, in the case of damage to or loss of baggage, or in the case of personal injury or death, an action for recovery of damages shall be barred unless such action is commenced within two (2) years after the alleged occurrence.

10.             Responsibility: VAL is the principal and is responsible for providing the flights it offers and operates. In all cases, air transportation is subject to the terms and conditions of the applicable airline’s contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket or equivalent document for conditions of contract and notice of incorporated terms, and inquire of the airline for additional details. Passengers have a right to receive a copy of their applicable Contract of Carriage upon request to the transporting carrier; it can also be viewed on the respective carrier’s website.

Other carriers and travel suppliers are not agents or employees of VAL but are independent entities over whom VAL has no control. Accordingly, you hereby agree that, except as otherwise provided herein, VAL is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury or death which results directly or indirectly from (a) an act or omission of any air carrier or travel supplier other than VAL, or (b) any other cause or act, of whatsoever nature, beyond the control of VAL. Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of VAL, VAL’ sole liability shall be to refund to you that portion of the price allocable to the services not provided. Any deviation from the flight that you initiate is solely your responsibility.

11.             Passenger Identification: Before boarding, you must present current and valid government-issued photo identification (such as a driver’s license or passport); the name shown on the identification should match your name as it appears on the passenger reservation list. For international travel, in addition to an unexpired passport, one or more visas may be required depending on the passenger’s nationality and the destination(s) of the flight. Regardless of destination, each passenger is responsible for obtaining all necessary travel documents (passport, visa, tourist card, immunization certificate and any other documents as required) and for complying with the laws of each country from, through or to which he/she receives transportation. Failure of a passenger to possess valid and unexpired travel documents may result in denial of boarding with no refund.

12.             Notices: All communications should be sent to VAL, Attn: Customer Care, at the address shown in Paragraph 1 above or by email to contact@valairlines.com. Notices to VAL are effective upon actual receipt by VAL.

13.             Security Screening: Passengers and/or their baggage may be subject to security screening, including but not limited to security profiling, physical pat-downs and inspections, x-ray screening, manual bag searches, questioning of passengers, and use of electronic or other detectors or screening or security devices, in the sole discretion of the government, airport, or VAL, and with or without the passenger’s presence, consent or knowledge. Neither VAL nor its employees or agents are liable for any damage, loss, delay, refusal to transport, confiscation of property, injury or other harm relating to or arising out of security screening or Passenger’s failure to submit to or comply with such security screening.

13.             Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of Puerto Rico without giving effect to its conflicts of law principles. VAL reserves the right to amend this contract without notice to the passenger so long as such amendment complies with applicable governmental regulations or waivers thereof. In the case of international flights, additional restrictions may be imposed by the foreign government(s) involved. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law; however, acceptance of a refund furnished under this contract shall constitute a waiver of such other rights and remedies.

14.             Insurance: Trip cancellation, health, and accident insurance is available for purchase by passengers and is recommended. VAL does not provide or offer insurance. Passengers interested in such insurance may go to travelinsurance.com for detailed information and costs. Travelinsurance.com is not affiliated with or controlled by VAL.

Signature: Passenger agrees to all terms and conditions of the Vieques Air Link – Public Charter Passenger Agreement. If paying by credit card, passenger additionally accepts all terms and conditions of the card issuer agreement.