Contract of Carriage - Southern Airways Express, LLC

Passenger transportation by Southern Airways Express, LLC (hereafter “Carrier”) is subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket or ticketless travel authorization, specified on Carrier’s Internet site with respect to electronic ticketing, or published in Carrier’s schedules. By purchasing a ticket or accepting transportation, the passenger agrees to be bound thereby.

1. Definitions

Baggage means all luggage, including suitcases, garment bags, tote bags, packages, camera and electronics bags, computer and equipment cases, briefcases, typewriters, and similar articles, whether carried by the passenger in the cabin or carried in the aircraft cargo compartments. Coats and wraps, when carried by the passenger in the passenger cabin, will not be considered as Baggage.

Baggage check means those portions of the ticket which provide for the carriage of the passenger’s checked Baggage and which are issued by Carrier as a receipt for the passenger’s checked Baggage.

Baggage tag means a document issued by Carrier solely for identification of checked Baggage, a portion of which is affixed by Carrier to a particular article of checked Baggage for routing purposes and a portion of which is given to the passenger for the purpose of claiming the Baggage.

Carriage means the transportation of passengers and/or Baggage by air, gratuitously or for hire, and all services of Carrier incidental thereto.

Carrier means Southern Airways Express, LLC. Southern Airways Express, LLC does business under the names Southern Airways Express, Sun Air, and Sun Air Express.

Checked Baggage means Baggage of which Carrier takes sole custody and for which Carrier has issued a Baggage check and Baggage tag(s).

Days means full calendar days, including Sundays and legal holidays; provided that, for the purpose of any required Carrier notification, the balance of the day upon which notice is given shall not be counted, and when the last day falls on Sunday or a legal holiday, such Sunday or legal holiday will not be counted.

Direct flight means “same plane” service between the origin and destination points with scheduled stops at one or more intermediate points. With the exception of security requirements or safety, unexpected ground delays, or other unforeseen flight disruptions, passengers on direct flights are not required to disembark the aircraft at any intermediate stop.

Flight coupon means the portion of the passenger ticket that is valid for carriage.

Nonstop flight means a flight scheduled to operate between the origin and destination points without intermediate stops.

One-way means travel from one point to another on Carrier’s scheduled air service assigned for travel between the two points.

Passenger means any person, except members of the crew, carried or to be carried in an aircraft with the consent of Carrier.

Passenger coupon means that portion of the passenger ticket constituting the passenger’s written evidence of the Contract of Carriage.

Passenger ticket means that document issued by Carrier or an authorized travel agent which provides for the carriage of the passenger occupying a single seat.

Prepaid Ticket Advice (PTA) means the notification between offices of Carrier that a person in one location has purchased and requested issuance of prepaid transportation as described in the PTA to another person in another location.

Roundtrip means travel from one point to another and return to the first point on Carrier’s scheduled air service assigned for travel between the two points.

Scheduled air service means any flight scheduled in the current edition of the Official Airline Guide (OAG), Carrier’s published schedule, Carrier’s Internet site, or the computer reservation system used by Carrier.

Ticket means “passenger ticket and Baggage check,” including all flight, passenger, and other coupons therein issued by Carrier, which provide for the carriage of the passenger and his or her Baggage. This includes recorded information in Carrier’s computer reservation system or on Carrier’s Internet site authorizing Ticketless, e-ticket or electronic travel.

Ticketless Travel Authorization (TTA) means the electronically-recorded information in Carrier’s computer reservation system that provides for the carriage of the passenger and his or her Baggage.

Unchecked Baggage is Baggage other than checked Baggage.

2. Reserved

3. Application of Conditions

The terms and conditions contained in this Contract of Carriage shall govern the application of all fares, rates, and charges published by Carrier and will apply only to Carrier’s routes and services. No agent, servant, or representative of Carrier has authority to change or waive any provision of this Contract of Carriage unless authorized by a corporate officer of Carrier.

4. Reserved


5. Electronic Surveillance of Passengers and Baggage

Passenger(s) and their baggage are subject to inspection by Carrier personnel or employees of the Transportation Security Administration (TSA). Inspections may be conducted by hand or using electronic devices with or without the passenger’s consent or knowledge. Passenger(s) and their baggage may be recorded by closed circuit TV and cameras while in the airport terminal and should not have any expectation of privacy.

6 – 9. Reserved

10. Refusal to Transport

Carrier will refuse to transport, or will remove from an aircraft at any point, any passenger in the following circumstances:

Safety and Government Request or Regulation – Whenever such action is necessary for reasons of aviation safety or to comply with any Federal Aviation Regulation, Transportation Security Administration (TSA), or other applicable government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond Carrier’s control (including, without limitation, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, or disturbances, whether actual, threatened, or reported).

Search of Passenger or Property – Any passenger who refuses to permit the search of his or her person or property.

Proof of Identity – Any passenger who refuses or fails on request to produce valid, positive identification.

Special Medical Requirements – Carrier will refuse to transport persons requiring the following medical equipment or services, which either are not authorized or cannot be accommodated on Carrier’s aircraft: medical oxygen for use onboard the aircraft, incubators, respirators that must receive power from the aircraft’s electrical power supply, or persons who must travel on a stretcher.

Aircraft Loading Limitations – Carrier will refuse to transport any passenger exceeding the aircraft manufacturer’s specified weight load limit of three hundred and fifty (350) pounds.

Comfort and Safety – Carrier may refuse to transport or remove from the aircraft at any point any passenger in the following categories as may be necessary for the comfort or safety of such passenger or other passengers:

Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent;

Persons whose conduct is or exhibits indications of becoming, inimical to flight safety;

Persons who are barefoot and over five (5) years of age;

Persons who are unable to occupy a seat with the seat belt fastened, or persons whose body weight exceeds load limits specified by the aircraft manufacturer;

Persons who appear to be intoxicated or under the influence of drugs;

Persons who are known to have a contagious disease;

Persons who refuse to comply with instructions given by Carrier’s Employees or representatives prohibiting the solicitation of items for sale or purchase, including airline tickets, passes, or travel award certificates;

Persons who have an offensive odor;

Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons; provided, however, that Carrier will carry passengers who meet the qualifications and conditions established in Federal Aviation Regulation, 14 C.F.R. § 108.11;

Manacled persons in the custody of law enforcement personnel; persons brought into the airport in manacles; persons who have resisted escorts; or escorted persons who express to Carrier’s Employees an objection to being transported on the flight;

Persons who have misrepresented a condition which becomes evident upon arrival at the airport, and the condition renders the passenger unacceptable for carriage;

Infants fourteen (14) days of age or younger, unless approved for carriage in writing by an attending physician; or

Persons who are unwilling or unable to abide with Carrier’s non-smoking rules.

The fare of any passenger denied transportation or removed from Carrier’s aircraft “enroute” under the provisions of Article 10 will be refunded in accordance with Article 90 of this Contract of Carriage. The sole recourse of any passenger refused transportation or removed “enroute” will be the recovery of the refund value of the unused portion of his or her ticket.

11. Pricing and Discounts

It is the policy of Southern Airways Express, LLC to treat all customers equally; and not to discriminate in the discounting or provision of services to the public. The company will not support – directly or through affiliation – any type of discount involving eligibility criteria based in whole or part on individual:

Age
Race
Sex
Ethnic or national origin
Physical (dis)ability
Residency status, religious or political (non)affiliation
Gender (non)conformity

Every individual in each community served by Southern Airways Express, LLC will have an equal opportunity to participate in discount programs offered by the airline, without regard to his or her individual personal circumstances.

Southern Airways Express, LLC offers three general types of discounts:

Advance Purchase Discounts which anyone may obtain by reserving a seat three (3), seven (7), twenty-one (21) or sixty days (60) prior to departure, or at another time designated in the fare rules.

Advertised Specials offered periodically or seasonally in specific markets; typically in conjunction with published coupons subject to certain conditions of use such as time, date or place of departure and/or arrival.

Membership Fares offered to customers enrolled in a Southern Airways Express, LLC travel club or loyalty program subject to certain conditions, such as frequency or dollar value of travel. Some programs offered by the airline may require payment of dues or fees, however, membership opportunities will be extended without regard to age, race, sex, ethnic or national origin, physical (dis)ability, residency status, religious or political (non)affiliation or gender identification.

12 – 14. Reserved

15. Tickets – General

No person shall be entitled to transportation except upon presentation of a valid ticket or proof of identification acceptable to Carrier that transportation has been purchased through Carrier’s electronic ticketing or Ticketless travel systems. Such ticket/electronic ticketing documentation shall entitle the person to transportation only between the points of origin and destination.

A ticket that has been altered, mutilated, or improperly issued shall not be valid.

A ticket or Ticketless Travel Authorization is valid for one (1) year from the date of issue, except as noted below:

Tickets or Ticketless Travel Authorizations issued with fare restrictions, i.e., nonrefundable tickets, are valid only on the flight and date shown on the ticket or Ticketless Travel Authorization. If a Customer purchases transportation with fare restrictions but chooses not to travel on the flight and date for which the ticket or Ticketless Travel Authorization is issued, the fare paid may, within one (1) year from the date of purchase, be applied toward the purchase of another ticket, so long as the passenger’s reservation on the originally-ticket flight was cancelled at least 48 hours prior to the scheduled departure time. The new ticket may, before penalty or fee, be more expensive or subject to different terms, conditions, or restrictions. A change, re-issue or re-validation fee of $35 will be added to any difference in fare. No cash refund or credit card adjustments will be made for tickets with fare restrictions.

Tickets are not transferable at the time of departure, but tickets may be transferred from the name of the original passenger to that of another passenger for a fee of $35, so long as the change is made at least 5 DAYS PRIOR TO DEPARTURE. Carrier is not liable to the owner of a ticket for honoring or refunding such ticket when presented by another person if a prior transfer was not made and the requisite fee paid. Name changes for partially used tickets will not be accepted.

Carrier will provide Prepaid Ticketing Advice (PTA) for Customers who make payment at the appropriate fare for tickets to be secured at a separate time and/or location for reserved and confirmed travel between any two points on Carrier’s system.

Such pre-purchased tickets can only be secured from a ticket counter of Carrier and may not be secured later than 90 days after the last travel date for which prepayment was made. Valid identification of the passenger will be required at the time of ticketing.

Carrier may impose a service charge of up to $25.00 for each PTA transaction, with the exception of tickets purchased by a Government Transportation Request (GTR) or government-issued credit card, or when payment is made by state governments for passengers traveling on official state government business.

The service charge is not subject to discount and will not be refunded.

Lost Tickets – When a passenger loses his or her ticket or a portion of his or her ticket, the passenger will be required to purchase another ticket, at the fare at which the ticket or portion thereof was originally purchased, before transportation will be furnished between the points covered by the lost ticket. Carrier will not replace or refund lost tickets.

16 – 19. Reserved

20. Reservations

A reservation on a given flight is valid when the availability and allocation of space:

is confirmed by the issuance by Carrier or an authorized travel agent of a ticket that reflects space on a specific flight and date; or

is confirmed by a Reservations Sales Agent of Carrier or upon issuance of a Ticketless travel confirmation number, and the passenger’s name is entered into Carrier’s reservations system.

Reservations not confirmed with a valid form of payment at least 24 hours prior to scheduled departure, or pursuant to the rules published for the fare type, are subject to cancellation.

Reservations may be made within 24 hours of a scheduled departure, but not less than one hour before that departure, if confirmed with a valid form of payment.

One Hour Rule – Reservations on Carrier’s flights must be claimed at the ticket counter or gate at least one hour before the scheduled or posted flight departure time. Failure of the passenger to check in at the ticket counter and receive a boarding pass at least one hour before the scheduled or posted aircraft departure time may result in cancellation of the passenger’s reserved space.

Carrier will refuse to carry any person when such refusal is necessary to comply with an applicable governmental regulation.

When a roundtrip or multi-segment reservation has been made and the passenger fails to claim his or her reservation for the first portion of the trip, Carrier may cancel the return or continuing portions of the passenger’s reservation.

21. Airport Arrival Times/Boarding/Departures By City

MID ATLANTIC REGION

Ticketed passengers should arrive at the airports listed below no less than NINETY (90) minutes prior to scheduled departure time. All ticket counters close 45 minutes prior to departure for passengers checking bags and 30 minutes prior to departure for passengers with carry on bags only. Failure to check in at ticket counter 30 minutes before scheduled flight will result in loss of ticket. If a ticketed passenger arrives at a ticket counter and no agent is available, the passenger should call the Carrier’s Customer Service Center at 800-329-0485 for assistance.

Baltimore- Washington, MD – BWI
Pittsburgh, PA – PIT
Washington/Dulles, VA – IAD

Ticketed passengers should arrive at the airports listed below no less than FORTY-FIVE (45) minutes prior to scheduled departure time. All ticket counters close 45 minutes prior to departure for passengers checking bags and 30 minutes prior to departure for passengers with carry on bags only. Failure to check in at ticket counter 30 minutes before scheduled flight will result in loss of ticket. If a ticketed passenger arrives at a ticket counter and no agent is available, the passenger should call the Carrier’s Customer Service Center at 800-329-0485 for assistance.

Altoona, PA – AOO

Bradford, PA – BFD

Dubois, PA – DUJ

Franklin, PA – FKL

Hagerstown, MD – HGR

Harrisburg, PA – MDT

Jamestown, NY – JHW

Johnstown, PA – JST

Lancaster, PA – LNS

Morgantown, WV – MGW

All flights close thirty (30) minutes prior to scheduled departure.
Failure to collect a boarding pass and check in at the gate for a scheduled flight thirty (30) minutes prior to scheduled departure time may result in Carrier’s refusal to board passenger. This situation is considered to be the passenger missing his or her flight.

All departure gate doors close fifteen (15) minutes prior to scheduled departure time. Ticketed passengers not in the immediate gate area with a boarding pass for a scheduled flight, fifteen (15) minutes prior to scheduled departure time may be denied boarding.

Gulf Region

Ticketed passengers should arrive at the airports no less than THIRTY (30) minutes prior to scheduled departure time All ticket counters close 30 minutes prior to departure. Failure to check in at ticket counter 30 minutes before scheduled flight will result in loss of ticket. If a ticketed passenger arrives at a ticket counter and no agent is available, the passenger should call the Carrier’s Customer Service Center at 800-329-0485 for assistance.

Atlanta / DeKalb-Peachtree, GA – PDK – Signature Flight Support

Dallas, TX – DFW

Destin, FL – DSI – Destin Jet South

El Dorado, AR -- ELD

Harrison, AR -- HRO

Hot Springs, AR -- HOT

Jackson, MS – JAN – Atlantic Aviation

Memphis, TN - MEM - Signature Flight Support

Nashville, TN – BNA – Signature Flight Support

All flights close thirty (30) minutes prior to scheduled departure. Failure to collect a boarding pass and check in at the gate for a scheduled flight thirty (30) minutes prior to scheduled departure time may result in Carrier’s refusal to board passenger. This situation is considered to be the passenger missing his or her flight.

All departure gate doors close fifteen (15) minutes prior to scheduled departure time. Ticketed passengers not in the immediate gate area with a boarding pass for a scheduled flight, fifteen (15) minutes prior to scheduled departure time may be denied boarding.

22 – 24. Reserved

25. Ground Transportation

Except as provided in the Southern Airways Express, LLC Customer Service Commitment (see Article 126 below) with regard to expenses incident to certain disrupted itineraries, Carrier does not assume responsibility for the ground transportation of any passenger or his or her Baggage between any airport used by Carrier and any other location. Ground transportation is at the passenger’s expense.

Carrier may, at its sole discretion, offer ground transportation options in conjunction with certain bundled, packaged or charter services. Taxi, van and limousine services may be provided by third party party vendors.

26 – 29. Reserved

30. Application of Fares – General

Transportation is subject to the fares and charges in effect on the date on which such ticket, Ticketless Travel Authorization or PTA was issued. If a ticket, Ticketless Travel Authorization or PTA has been issued before an increase in the fare becomes effective, it shall be honored for transportation between the points, and at the class of service, for which it was purchased.

Fares are published in Carrier’s reservations system and may be obtained from Carrier’s Internet site at www.iFlySouthern.com or through an authorized travel agent. Some travel agencies, however, may impose an additional charge for this service.

All published fares and charges are stated in U.S. currency.

No stopovers are permitted on published fares, except upon combination of local fares.

31 – 33. Reserved

34. Disabled Individuals and Passengers Requiring Assistance

Because Southern Airways aircraft require the use of an air-stair door, we are unable to provide access to the plane via wheelchair. As such, all passengers must be able to board and deplane the aircraft without assistance.

It is the policy of Carrier to provide equal opportunity for all would-be travelers. Accordingly, Carrier will not refuse to provide transportation to a disabled individual, who may be transported in accordance with the Company’s FAA-approved operating procedures, on the basis of his or her disability. Carrier may refuse to provide transportation to any customer whose carriage may impair the safety of the flight in accordance with the provisions of this contract, and may refuse to provide transportation to any customer whose carriage would violate federal regulations (including FAA and TSA regulations) or the Company’s FAA-issued operating manuals. In exercising this authority, however, Carrier personnel will not discriminate against any disabled individual solely on the basis of the disability.

Due to the small size of many of our aircraft, Carrier is exempt from the accessibility requirements of the American with Disabilities Act (“ADA”). Nevertheless, we are committed to treating all of our customers with dignity and respect and to accommodating special needs to the greatest extent possible. We encourage customers with special needs to speak with a representative of Carrier, 800-329-0485 prior to booking.

Passengers who, because of age, mental or physical condition, disability or impairment, require 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 Carrier employees. This assistance will be in a dignified, safe, professional and courteous manner and at all times Carrier will consult with the customer about any assistance and special plans arranged on the customer’s behalf. Carrier will extend this assistance to all qualified individuals with a disability as this legal term is more broadly defined to protect all those who may otherwise suffer from discriminatory practices. This assistance may include, depending upon the limitations of the aircraft and ramp/dock, steadying a customer or providing a helping hand as the customer ascends or descends the step(s), assistance in getting to or from the seat, and assistance with loading and retrieving carry-out or carry-on items and other assistive devices stowed on board. Employees are not permitted, however, to lift or carry customers on board the aircraft or assist with medical services. As the safest seating arrangement for such customer may vary with the situation and with the aircraft type, Carrier may offer to pre-board the customer or may suggest boarding the customer last for access to the most accessible seat.

Carriage of a Qualified Individual with a Disability and Non-Ambulatory Passengers

Carrier will not require any individual covered by this section to be accompanied by an attendant unless it is determined that an attendant is essential for safety. If Carrier determines that an assistant is essential for safety, Carrier may require a customer meeting any of the following criteria travel with an attendant as a condition of being provided air transportation:

A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from Carrier personnel, including the safety briefing required by 14 CFR 121.571(a)(3), (a)(4) and 135.117(b).

A person with a mobility impairment so severe that the person is unable to physically assist in his or her evacuation of the aircraft; or

A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with Carrier personnel adequate to permit the transmission of the required safety briefing.

If Carrier determines that a person meeting the criteria above must travel with an attendant, contrary to the individual’s self-assessment that he or she is capable of traveling independently, Carrier will not charge for the transportation of the attendant.

If because there is not a seat available on a flight for an attendant whom Carrier has determined to be necessary, the individual will be eligible for denied boarding compensation. For the purposes of the determination of seat availability, the attendant will be deemed to have checked in at the same time as the customer herein.

If Carrier determines that an attendant is required for the safe operation of the flight and the qualified individual with a disability is unable to provide such attendant, Carrier will not require the individual to be accompanied if there are volunteers aboard the flight willing to assist the qualified individual with a disability in case of emergency evacuation or the Captain has determined the flight can operate safely by assuming this responsibility.

Advance reservations and early check-in are recommended to ensure time to coordinate the collaboration needed for the safe boarding of qualified individuals with a disability any assisted-living devices, such as a wheelchair.

Air Carrier Access Act You may download a PDF version of the Department of Transportation 14 CFR Part 382, Nondiscrimination on the Basis of Disability in Air Travel at https://www.transportation.gov/airconsumer/disability

You can also obtain a copy of this regulation in an accessible format from the Department of Transportation by any of the following means: By telephone: Toll-Free Hotline for Air Travelers with Disabilities 1-800-778-4838 (voice) 1-800-455-9880 (TTY) By telephone: Aviation Consumer Protection Division 202-366-2220 (voice) 202-366-0511 (TTY) By mail: Air Consumer Protection Division C-75, US Dept of Transportation 1200 New Jersey Ave., SE. Washington, DC 20590 By web: Aviation Consumer Protection Division’s Web site http://airconsumer.ost.dot.gov

35. Carriage of Children

Infants Fourteen (14) Days of Age or Younger – Carrier will not provide transportation services to any infant fourteen (14) days of age or younger, unless an attending physician approves such infant for air travel in writing. Infants must be accompanied by a passenger eighteen (18) years of age or older.

Children Over Fourteen (14) Days and Under Two (2) Years of Age – One child over fourteen (14) days and under two (2) years of age, not occupying a seat, will be carried without charge when accompanied by a fare-paying passenger eighteen (18) years of age or older.

Carrier cannot guarantee that an unoccupied seat will be available for any child traveling without charge and without a confirmed reservation. Safety seats for children without a confirmed reservation may have to be transported as checked Baggage if unoccupied seats are not available, subject to space availability and size of carrier. Children over fourteen (14) days and under two (2) years of age traveling on a confirmed reservation/seat, with or without the use of a safety seat, will be charged the published fare.

Unaccompanied Minor Children

Reservation must be made directly through the call center 800-329-0485. A $35 unaccompanied minor booking fee will be charged for minors age 12-17.

Carrier will not accept for carriage any unaccompanied child under twelve (12) years of age. Unaccompanied children twelve (12) to seventeen (17) years of age may be required to present valid photo identification.

Minor age twelve (12) to age seventeen (17) will be booked only under the following rules:

Flights that have a scheduled stopover and change of aircraft are not allowed to have Unaccompanied minor.

Unaccompanied minor may not be allowed to travel on Carrier’s “last flight of the day.”

Unaccompanied minor (age 12-15) may not be booked if they are making a connection to another carrier. For minors 16 and 17, Carrier is not responsible to see that minor makes their connection to next carrier.

The parent or responsible adult who brings an unaccompanied child (age 12-15) to the departure airport will be required to obtain a gate pass at the ticket counter and remain at the departure gate until the flight is airborne.

The parent or responsible adult must furnish Carrier in writing (duplicate of which must be in the child’s possession) evidence that the child (age 12-15) will be met by another parent or responsible adult upon deplaning at his or her destination.

The person meeting the child (age 12-15) at his or her destination may be required to present positive identification and sign a release on a form designated by Carrier.

Minor age 16 and 17 must have a two signed copies of Carrier’s Unaccompanied Minor Travel Form (emailed to parent or guardian for completion) with them for each segment of flight.

Responsibilities of Carrier – Carrier assumes no responsibilities for unaccompanied children beyond those applicable to adult passengers.

Unaccompanied minors booked online, through a travel agent or through a third party agent, booked with a false birthdate will not be allowed to board the flight until the reservation has been verified, changed and will be subject to a $100 change fee and subject applicable rules above. Tickets booked falsely are non refundable under any circumstance.

36 – 40. Reserved

41. Tickets purchased from a third party via travel agent or travel website:

Passenger must contact third party agent to make any changes or cancellations to ticket or to resolve any travel issues.

Any ticket changes must be made FORTY EIGHT (48) hours prior to scheduled departure only by contacting the third party agent directly. You may be subject to any difference in airfare. Changes are subject to availability and applicable change fees.

If carrier issues a controlled flight cancellation, passenger may request a carrier credit or full refund from third party agent.

If carrier issues a delay or cancellation, carrier will attempt to contact passenger using the information contained in the third party issued reservation record. Carrier is not responsible for incorrect information supplied by third party vendor.

All third party issued tickets are non refundable.

Carrier is not responsible for any extra service fees associated with third party bookings.

42. Internet Fares

Special fares may be available via the Internet on Carrier’s web site (Internet address: http://www.iFlySouthern.com). Seat availability, fares, and fare restrictions are published in the web site presentation.

43. Stopovers

Carrier’s local fares for a flight or flights between a passenger’s point of origin and destination shall apply only to published nonstop, direct, and connecting flights (i.e., the passenger arriving from his or her point of origin departs from an intermediate or connection point for his or her point of destination on the published connecting flight as shown in the current Southern Airways Express, LLC schedule), except as provided in Article 85.A. below.

A stop-over shall occur when a passenger arriving at an intermediate or connection point on his or her itinerary fails to depart from such intermediate or connection point on the published connecting flight to the passenger’s next intermediate or connection point or destination.

In the event of a single stopover, the passenger’s fare shall be the sum of the appropriate local fares between the point of origin and stopover and the appropriate local fare between the point of stopover and destination.

In the event of multiple stopovers, the passenger’s fare shall be the sum of:

the appropriate local fare between the point of origin and first stopover; plus

the appropriate local fare(s) between each stopover point and the next subsequent stop-over point, if any; plus

the appropriate local fare(s) between the point of last stopover and destination.

44. Reserved

45. Acceptance of Baggage – General (See section 60 for checked baggage restrictions)

Inspection – All Baggage tendered to Carrier for transportation is subject to inspection by Carrier and/or the Transportation Security Administration (TSA).

Acceptance – Carrier will accept as Baggage such personal property as is necessary or appropriate for the wear, use, comfort, or convenience of the passenger, as the personal property of the fare-paying ticket holder and not intended for sale to other persons, subject to the following conditions:

Carrier will refuse to accept Baggage for transportation on any flight other than the flight on which the passenger is transported;

Carrier will refuse to accept any Baggage for transportation if it or its contents cannot withstand ordinary handling, or if its weight, size, or character renders it unsuitable for transportation on the particular aircraft on which it is to be carried, unless the passenger releases Carrier from liability;

Each piece of Baggage tendered to Carrier for carriage must have affixed thereto a current identification tag or label with the passenger’s name, address, and telephone number (if available);

Carrier will refuse to accept Baggage that, because of its nature, contents, or characteristics (such as sharp objects, paint, corrosives, or other prohibited hazardous materials), might represent a security risk or cause injury to passengers or Carrier’s Employees, damage to aircraft or other equipment, or damage to other Baggage; and

Carrier will not accept Baggage that cannot safely be carried in the Baggage compartment of the aircraft.

46. Carry-on Baggage

Carrier will determine whether or not any Baggage of a passenger, because of its weight, size, contents, or character, may be carried in the passenger cabin of the aircraft. Carry-on Baggage is the sole responsibility of the passenger. Claims for damaged, lost, forgotten, or stolen carry-on Baggage will not be accepted by Carrier.

The number, size, and dimensions of carry-on items allowed by the Carrier on a particular aircraft or flight shall be at the Carrier’s sole discretion.

Personal items, such as a male or female purse of reasonable size, a small camera, reading material, food for “enroute” consumption, and a coat, jacket, wrap, or similar outer garment, may be carried onboard the aircraft.

Unless unoccupied seats are available on a flight, Carrier requires a reservation and purchase of a ticket to ensure that a safety seat or infant seat may be used during flight. Only federally-approved and labeled safety seats or infant seats are permitted for use aboard Carrier’s aircraft. Federal regulations prohibit the use of child booster seats and harness- or vest-type restraining devices.

Carrier will refuse to transport items of carryon Baggage that may be harmful or dangerous to a passenger, the flight crew, or the aircraft.

47. Animals

ADA Service Animals and Emotional Support Animals:

(Carrier is PART 382 certified and falls under rules that state: DUE TO OUR CERTIFICATION AND SIZE OF OUR AIRCRAFT. Carrier reserves the right to not allow service animals.)

Carrier will allow ONE (1) ADA CERTIFIED SERVICE DOG or ONE (1) EMOTIONAL SUPPORT CAT OR DOG at no additional charge, under the following conditions:

ANIMALS MAY NOT BE BOOKED ONLINE – Only by calling 800-329-0485

Animal must be booked at the time of passenger booking

Owner must present ADA Service Dog Certification or Emotional Support Animal certification, issued by a licensed physician for the passenger at the time of booking, via a scanned document, sent by email to the reservation desk: info@iFlySouthern.com. (If this documentation is not available at the time of booking, a $35 non-refundable pet fee will be charged and standard pet restrictions apply)

Emotional Support Animal can be a maximum of 40 lbs.

A maximum of two animals per aircraft is strictly enforced.

A pet fee of $35 will be charged per pet when properly booked through the Call Center. An additional fee of $100 will apply when a passenger desires to board with a pet that has not been previously booked in the proper manner. Pets without prior reservation/authorization will only be boarded in accordance with all other rules and terms herein.

Non Service, Domestic Cats and Dogs:

Carrier will transport domestic pets (dogs and cats) under 40 pounds, in approved airline pet carrier/kennel. Tickets for passengers with pets cannot be booked online, they must be booked through the call center at 800-329-0485.

A pet fee of $35 will be charged per pet when properly booked through the Call Center. An additional fee of $100 will apply when a passenger desires to board with a pet that has not been previously booked in the proper manner. Pets without prior reservation/authorization will only be boarded in accordance with all other rules and terms herein.

Carrier does not transport any live animals in the cargo area, and for the peace and comfort of all our passengers, we have a strict limit of two animals on each flight. We recommend that the pets get a mild sedative from the vet to take before the flight.

Carrier reserves the right to deny passenger boarding with unapproved pets or those not booked properly through the call center.

48 – 54. Reserved

55. Checking of Baggage

Carrier will accept checked Baggage from a fare-paying passenger when tendered to Carrier no earlier than two (2) hours in advance of flight departure time at Carrier’s airport ticket counter or at an earlier time on the day of commencement of travel as may be authorized by Carrier’s Employees at the departure airport. Carrier may not accept bags checked-in less than 45 minutes prior to the flights scheduled departure time.

Carrier will not check Baggage tendered:

to a point beyond the destination indicated on the passenger’s ticket;

to an intermediate stop or connection point; or on any flight other than a flight on which the passenger is scheduled to travel; however, solely at Carrier’s discretion, Baggage tendered by a standby passenger may be checked on the next available flight or flights to the standby passenger’s intended destination.

to any destination which would effectively bypass required customs, agriculture or security inspections and/or clearances.

Carrier will not check and hold Baggage for a flight to be operated on a later date.

Carrier is not responsible for passenger(s) checked baggage left at the baggage carousel at passenger(s) arrival airport. It is the passenger(s) responsibility to retrieve checked baggage and transfer said baggage to any other airline themselves, if their travel plans continue on another airline. If a passenger(s) are connecting from another airline to Carrier, it is the passenger(s) responsibility to retrieve their checked baggage and to check in with Carrier at the ticket counter. Checked baggage left at Carrier’s baggage carousel will be held by Carrier for TEN DAYS. Carrier will not be responsible for any delivery charges for such baggage.

56 – 59. Reserved

60. Baggage Allowance

Upon presentation by a fare-paying passenger of a valid ticket, Carrier will allow Baggage to be transported as follows:

Checked Baggage – Up to two (2) pieces of Baggage, having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding fifty-two (52) inches, not weighing more than fifty (50) pounds in total between the two bags, and provided such Baggage is checked for carriage in the cargo hold of the aircraft.

A checked bag may exceed the fifty-two (52) linear inches as long as the checked bag is a soft sided duffle styled bag. This bag cannot have a frame, harden supports, or wheels.

A checked bag weighing more than fifty (50) pounds but less than seventy (70) pounds is considered excess and will be charged according to Section 65 below.

Passengers rerouted in accordance with Rule 240 (FAILURE TO OPERATE ON SCHEDULE OR FAILURE TO CARRY) shall be entitled to the maximum allowance applicable for the trip originally purchased, regardless of whether passengers are transferred to a different class of service and whether or not they are entitled to a fare refund.

Medication should not be carried or transported in a checked bag.

Articles Carried Free in Addition to Stated Maximum – In addition to the maximum allowances provided above, each fare-paying passenger may carry, without additional charge, the following articles of baggage only when retained in the passenger’s custody:

a handbag or pocketbook

an overcoat or wrap

a foot rug

an umbrella or walking stick

a camera and/or a pair of binoculars

a reasonable amount of reading matter for the flight

an infant’s food for consumption enroute

Pooled Baggage – When two or more passengers traveling to the same destination on the same flight under the same reservation present themselves and their baggage at the same time and place, their maximum allowance will be the sum of their individual maximum allowances. Baggage in excess of the combined maximum allowance may be subject to the excess baggage charge.

Sporting Equipment – the following items of sporting equipment may be checked as Baggage but will be included in the maximum 50 lb. per person limit.

Bowling bag, including ball and shoes;

Golf bag (either hooded or in a soft–sided golf bag carrying case provided by the passenger), including clubs, balls, and shoes (not all golf bags will fit on Carrier’s equipment;

Rifle (unloaded and encased in a locked container acceptable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the firearm). Passenger is required to notify Carrier representative at check in;

Shotgun (unloaded and encased in a locked container acceptable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the firearm). Passenger is required to notify Carrier representative at check in;

Handgun (unloaded and encased in a locked container acceptable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the firearm). Passenger is required to notify Carrier representative at check in;

Fishing tackle box and fishing rod, so long as the rod is encased in a cylindrical fishing rod container suitable to Carrier for withstanding normal checked Baggage handling without sustaining damage to the rod;

Boogie board. (Hoverboards are restricted)

Skateboard;

Archery equipment, including a bow, arrows, and an average size target (large target stands cannot be accepted), so long as the bow and arrows are encased in a container acceptable to Carrier for withstanding normal Baggage handling without sustaining damage to the equipment. Due to cargo hold restrictions, hard sided archery cases may not be permitted on certain aircraft.

Scuba equipment, provided air tanks are empty and valve removed; and all accompanying equipment (BCD, mask, flippers, weight belt, etc.) are encased together in a container acceptable to Carrier.

Strollers, wheelchairs and car seats - One (1) infant stroller and one (1) infant or child safety seat will be checked in addition to the two (2) pieces free Baggage allowance for each fare-paying passenger at no charge, but subject to space and weight restrictions. If safety seat or stroller needs to be guaranteed to be on flight, an additional seat will need to be purchased at lowest available fare.

A collapsible wheelchair and/or crutches and/or braces or other prosthetic device on the same flight with passenger dependent on the device.

Firearms – Carrier will not accept assembled firearms and ammunition for transportation except as follows:

Unloaded sporting firearms will be accepted, provided they are encased in a locked, hard sided container acceptable to Carrier for withstanding normal Baggage handling without sustaining damage to the firearms or other Baggage. Handgun containers must also be locked.

Small-arms ammunition intended for sport or hunting will be accepted only if carried within a locked, hard sided container and providing for sufficient cartridge separation, then placed in a sturdy checked Baggage will be accepted.

Carrier will accept no more eleven (11) pounds of ammunition per passenger and will be included in the total of 50 lbs per passenger maximum baggage requirements. Ammunition must be in original packaging.

61 – 64. Reserved

65. Baggage Charges

Each passenger is guaranteed up to 50 lbs. of baggage at no additional charge. If a passenger has more than 50 lbs. of baggage, they will be boarded on to aircraft last. If weight/balance restrictions do not allow for additional baggage weight, passenger is given the following options:

Additional baggage can be carried on the next flight with available space, in which passenger must arrange for pick up at destination airport, at their own expense.

Passenger and baggage can be re-ticketed on to next available flight with space available Passenger can purchase an additional non-refundable ticket at the time of booking to GUARANTEE up to 150 lbs. of baggage can be transported with passenger.

66. Cabin-Seat Baggage and Charges

When a passenger requests that an item of baggage be carried in the cabin, and the Carrier determines that the item is acceptable as cabin baggage but it is so fragile and/or bulky as to require the use of a seat, the baggage must be carried on board the aircraft by the passenger and secured in the seat next to the passenger’s seat.

Carrier will charge 100% of the applicable adult one-way fare for that portion of the trip on which the extra seat is used.

67 – 74. Reserved

75. Baggage – Limitation of Liability


The liability, if any, of Carrier for loss of, damage to, or delay in the delivery of checked or unchecked Baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see Article 75.E. below), is limited to the proven amount of damage or loss, but in no event shall be greater than Three Thousand Three Hundred dollars ($3,300) per fare-paying passenger, unless the passenger at time of check-in has declared the value of the Baggage to be in excess of Three Thousand Three Hundred dollars ($3,300) (“excess valuation”) and has paid an additional charge of One Dollar ($1.00) for each One Hundred Dollars ($100.00) of excess valuation. See Article 75.7 below for excess valuation.

Limitations. Carrier will compensate the passenger fair market value for documented damages incurred as a result of the loss of, damage to, or delayed delivery of such Baggage up to the limit of liability or declared valuation, whichever is higher, provided the passenger has exercised reasonable effort to minimize the amount of damage. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less depreciation for prior usage.

Carrier will be liable for such personal property only for the period in which it is in the custody of Carrier. While every reasonable effort will be made to return items inadvertently left behind by passengers onboard an aircraft, Carrier assumes no liability or responsibility for property carried onboard an aircraft by a passenger.

When excess value is declared, the passenger’s Baggage and its contents may be inspected by Carrier’s Employees. Such Baggage must be checked, and excess valuation coverage will apply only to the point to which it is checked by Carrier and claimed by the passenger.

The declared excess valuation for Baggage shall not exceed Four hundred fifty dollars ($450) above the Three thousand three hundred dollar ($3,300) limitation of Carrier’s liability established by this Contract of Carriage, for a total maximum declared valuation of Three Thousand Seven Hundred and Fifty Dollars ($3,750.00).

Avoid packing high value, fragile or perishable items in your checked baggage. Southern Airways Express, LLC is not liable for loss, damage or delay in delivery of high value, fragile or perishable items. See below for detailed listings of excluded items.

Limitation coverage is not available for money, jewelry, cameras, video and electronic equipment (including computers and MP3 devices), silverware, precious gems and metals, negotiable papers, securities, business documents, samples, items intended for sale, paintings and other works of art, antiques, collectors’ items, artifacts, manuscripts, furs, irreplaceable books or publications, and similar valuables. For the passenger’s protection, these items should not be transported in or as checked Baggage.

Carrier’s liability with respect to damage to wheelchairs, other mobility aids, and assistive devices upon which an individual with a disability is dependent shall be the documented cost of repair. If a wheelchair, mobility aid, or assistive device is lost or irreparably damaged, Carrier’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation. Carrier will also compensate the passenger for other reasonable expenses incurred as a result of the loss of, damage to, or delayed delivery of the wheelchair, mobility aid, or assistive device.

Carrier assumes no responsibility and will not be liable for money, jewelry, cameras, video and electronic equipment (including computers), silverware, precious gems and metals, negotiable papers, securities, business documents, samples, items intended for sale, paintings and other works of art, antiques, collectors’ items, artifacts, manuscripts, furs, irreplaceable books or publications, items intended for resale, and similar valuables contained in checked or unchecked Baggage.

Excess Valuation Southern Airways does not provide insurance for valuables transported on our aircraft. All items such as jewelry, laptop computers, cash, or other high-value property should be taken aboard the aircraft as carry-on baggage.

76. Fragile and Perishable Items as Baggage

Carrier may, but is not obligated to, conditionally accept previously damaged, improperly packed, fragile, or perishable items for carriage as checked Baggage subject to the passenger’s assumption of risk for damage to or destruction of such items.

77 – 79. Reserved

80. Claims

No claim for personal injury or death of a passenger will be entertained by Carrier unless written notice of such claim is presented to Carrier within twenty-one (21) days after the occurrence of the event giving rise to the claim.

In the case of loss of, damage to, or delay in delivery of Baggage, no claim will be entertained by Carrier unless preliminary written notice of such claim is presented to Carrier within four (4) hours after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Carrier no later than ten (10) days after the occurrence of the event giving rise to the claim.

Failure to provide notice within the foregoing time limits will not bar a claim if the claimant establishes to the satisfaction of Carrier that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time limits.

No legal action on any claim described above may be maintained against Carrier unless commenced within one (1) year of Carrier’s written denial of a claim, in whole or in part.

81. Smoking

Smoking aboard Carrier’s aircraft is prohibited by federal law.

The use of electronic, simulated smoking materials (cigarettes, pipes, cigars) is also prohibited.

Use of e-cigarettes onboard the aircraft remains prohibited at all times.

Recharging of the e-cigarettes and/or the batteries on board the aircraft remains prohibited at all times.

Electronic Cigarettes (E-cigarettes): Due to their potential to overheat or cause fire when activated, as determined by the FAA and ICAO, electronic cigarettes, personal vaporizers or any battery-powered portable electronic smoking device (“E-cigarettes”) are not permitted in any checked baggage, including gate-checked baggage, or in any external baggage compartment of the aircraft. Please inform a Carrier agent if you have e-cigarettes in any of your baggage.

82 – 83. Reserved

84. Passenger No Show / No Call, Two Hour Courtesy Rule

A passenger that fails to arrive/check in for a flight 30 minutes before a scheduled departure and fails to notify the Call Center at 800-329-0485 is considered a No Show / No Call passenger. As a courtesy, any passenger that can demonstrate their No Show / No Call was due to an extenuating circumstance beyond their control and contacts the airport ticket counter in person or calls the Call Center within TWO (2) hours of their scheduled departure, may be placed on the Carrier’s next available flight, subject to space availability. If the next available flight isn’t until the next day(s), Carrier is not responsible for any cost incurred with additional travel, overnight stay or personal necessities. Service charges and fare differential fees may apply.

Passengers making contact after Two (2) hours from scheduled departure is considered a full no show / no call and subject to loss of entire ticket.

85. Failure to Operate as Scheduled

Cancelled Flights or Late or Irregular Operations – In the event Carrier cancels or fails to operate any flight according to Carrier’s published schedule, or changes the schedule of any flight, Carrier will, at the request of a passenger confirmed on such flight:

transport the passenger on another of Carrier’s flights on which space is available at no additional charge; or

refund the unused portion of the passenger’s fare in accordance with Article 90 below.

Except to the extent provided in Article 85.A. above, Carrier shall not be liable for any failure or delay in operating any flight due to causes beyond Carrier’s control, including but not limited to, acts of God, governmental actions, fire, weather, mechanical difficulties, Air Traffic Control, strikes or labor disputes, or inability to obtain fuel for the flight in question. Carrier shall use its best efforts to notify all affected passengers promptly of planned schedule changes and service withdrawals.

Carrier will attempt to transport passengers and their Baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice, and the times shown in or on Carrier’s published schedules, tickets, and advertising are not guaranteed. In the event that Southern places its passenger on another commercial carrier, any ancillary charges assessed by that carrier (such as baggage fees or priority seating fees) will not be reimbursed by Southern Airways, except to the extent that the passenger will be refunded any excess baggage fees previously paid to Southern.

At times, without prior notice to passengers, Carrier may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops.

Carrier cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event of flight schedule changes, Carrier will attempt to so notify affected passengers as soon as possible.

86. Minimum Connect Times

Passenger is responsible for their own minimum connections times with another carrier. Carrier recommends at least 60 minutes in most airports and 90 minutes in Baltimore-Washington and Dulles.

87– 88. Reserved

89. Ground Transfer Service

Carrier may provide ground transfer service between airports and city centers. Except where ground transfer service is directly operated by Carrier, it is agreed that any such service is performed by independent operators. Anything done by an employee, agent or representative of Carrier in assisting the customer to make arrangements for such independent ground transfer service shall in no way make Carrier liable for the acts or omissions of such independent operator. No portion of the air transportation fare shall be refundable in the event local ground services are not used by the customer.

90. Refunds

Carrier does not offer refundable tickets.

Non-refundable tickets – Passengers who purchase restricted, non-refundable tickets are not eligible for refunds.

Unless otherwise specifically stated on the ticket or in the travel agreement with Carrier, the fare paid for unused non-refundable tickets, upon surrender of the unused ticket or portion thereof, or with the Ticketless travel confirmation number and proof of purchase sufficient to Carrier, may be applied toward the purchase of future travel for a $35.00 re-issue fee, provided that credit is requested within one (1) year after the original issue date of the ticket.

The fare for the new ticket(s), however, may be greater and/or the new ticket(s) may be subject to different terms, conditions, or restrictions than the original ticket.

Denied boarding – If Carrier denies boarding or removes a passenger from an aircraft under conditions described in Article 10 above, Carrier will, upon surrender of the passenger’s unused ticket or portion thereof, refund the fare paid for the unused ticket or portion thereof.

Eligible fare refunds and credits will be made by Carrier as follows:

when no portion of the transportation has been provided, the refund or credit will be issued in an amount equal to the fare paid; or

when a portion of the transportation has been provided, the refund or credit will be made in an amount equal to the difference, if any, between the total fare paid and the fare applicable to the transportation provided.

In cases where Carrier has reasonable cause to suspect fraud, Carrier may delay making an otherwise eligible refund until such time as an internal investigation can be performed.

Carrier shall make eligible refunds via company check.

Carrier shall make eligible refunds in U.S. Dollars.

Carrier shall provide no refund for or replacement of tickets that have been lost, damaged, mutilated, destroyed, or stolen.

In all cases in which a credit is issued on a non-refundable ticket (except when the reason for the issuance of the credit is the sole fault of carrier) a re-issue fee of $35.00 shall be applicable upon the application of the credit to a new reservation.

91. Ticket Cancellations

All tickets purchased on Southern Airways Express, pursuant to Federal regulations, may be canceled with 24 hours of purchase and are subject to full refund, so long as they are purchased more than 7 days prior to flight.

92 – 104. Reserved

105. Denied Boarding Compensation

The following definitions, as prescribed in 14 C.F.R. § 250.1, pertain solely to the denied boarding compensation provisions of this Article:

Airport means the airport at which the direct or connecting flight, on which the passenger holds confirmed reserved space, is planned to arrive or some other airport serving the same metropolitan area, provided that the transportation to the other airport is accepted (i.e., used) by the passenger.

Comparable air transportation means transportation provided to passengers at no extra cost by a direct air carrier holding a certificate of public convenience and necessity issued by the U.S. Department of Transportation, or by a foreign air carrier holding a foreign air carrier permit issued by the U.S. Department of Transportation authorizing the scheduled air transportation of persons.

Confirmed reserved space means space on a specific date and on a specific flight of Carrier which has been requested by a passenger and which Carrier or its authorized agent has verified, by appropriate notation on the ticket or Ticketless travel authorization, or in any other manner provided by this Contract of Carriage, as being reserved for the accommodation of the passenger.

Stopover means a deliberate interruption of a journey by the passenger, scheduled to exceed four (4) hours, at a point between the place of departure and the place of final destination.

The sum of the values of the passenger’s remaining flight coupons means the sum of the applicable one-way fares, including any surcharges, airport or passenger facility charges, and air transportation taxes, less any applicable discounts.

Request for Volunteers – In the event of an oversold or overweight flight, Carrier shall request volunteers for denied boarding before using any other boarding priority.

A volunteer is a person who responds to Carrier’s request for volunteers and who willingly accepts Carrier’s offer of compensation, in any amount, in exchange for relinquishing his or her confirmed reserved space. Any other passenger denied boarding is considered to have been denied boarding involuntarily, even if that passenger accepts denied boarding compensation.

If an insufficient number of volunteers come forward, Carrier may deny boarding to other passengers in accordance with Carrier’s boarding priority rules. However, Carrier will not deny boarding to any passenger involuntarily who was earlier asked to volunteer without having been informed about the possibility of being denied boarding involuntarily and the amount of compensation.

Conditions for Payment of Compensation to Passengers Involuntarily Denied Boarding due to an Over sale or overweight condition. Carrier will tender compensation to a passenger as specified below, when:

the passenger holds a ticket for confirmed reserved space and presents himself or herself for carriage at the appropriate time and place, having complied fully with Carrier’s requirements as to ticketing, reconfirmation, check-in, and acceptability for transportation in accordance with this Contract of Carriage;

and,

other than for reasons set forth above, or when resulting from substitution for operational or safety reasons of an aircraft having a lesser seating capacity than the aircraft originally scheduled, Carrier is unable to accommodate the passenger on the flight for which the passenger holds confirmed reserved space, and such flight departs without the passenger.

Exception – The passenger will not be eligible for compensation if Carrier offers comparable air transportation, or other transportation used by the passenger at no extra cost, that, at the time such arrangements are made, is planned to arrive at the airport of the passenger’s next stopover or, if none, at the airport of the passenger’s final destination not later than two (2) hours after the planned arrival time of the passenger’s original flight or flights.

Acceptance of compensation by the passenger relieves Carrier from any further liability to the passenger caused by Carrier’s failure to honor the confirmed reservation.

Boarding Priority Rules – Carrier’s boarding priority is established on a first-come, first-served basis at the boarding gate. In determining which passengers holding confirmed reserved space shall be denied boarding involuntarily, in the event an insufficient number of volunteers comes forward, Carrier shall deny boarding in reverse order from the order in which passengers checked in at the gate (i.e., the passenger who checked in last will be the first passenger denied boarding involuntarily in an over sale or overweight situation), with no preference given to any particular person or category of passenger.

Written Explanation of Denied Boarding Compensation and Boarding Priority Rules – Immediately after a denied boarding occurs, Carrier will give passengers who are denied boarding involuntarily a written explanatory statement describing the terms and conditions of denied boarding compensation and Carrier’s boarding priority rules.

106. Traveling with Prisoners When a law enforcement agency needs to transport a prisoner with an armed Law Enforcement Officer (LEO), Carrier must be notified 24 hours prior to the scheduled departure time, or, if not 24 hours, as far in advance as possible. This notification must include (1) the identity of the prisoner and (2) whether the prisoner is considered “highrisk “or “low-risk”. For additional conditions of acceptance and requirements for transport, please contact Carrier.

When connecting to or from any flight, including interline and codeshare partners, the customer is responsible for notifying and making independent arrangements directly with the other airline.

107 – 123. Reserved

124. Check/Cash Acceptance

Personal checks or cash are not accepted.

125. Compliance with Law and Governmental Regulations

All transportation is sold and all carriage is performed subject to compliance with all applicable laws and governmental regulations, including those of the U.S. Department of Transportation and the Federal Aviation Administration, many of which are not specified herein but are nonetheless binding on Carrier and all passengers.

126. Air Carrier Access Act

If you would like to obtain a copy of 14 CFR Part 382 in an accessible format, you can contact the US Department of Transportation by visiting the Aviation Consumer Protection Division’s web site at http://airconsumer.ost.dot.gov

127. Right to Change Contract

Carrier reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Contract of Carriage or the Southern Airways Express, LLC Customer Service Commitment without prior notice. All changes must be in writing and approved by a corporate officer of Carrier.

128. Complaints or Refund Requests

Any complaints or requests for refunds or reimbursements must be submitted by email to info@iFlySouthern.com in writing, within 30 days of scheduled flight, or mailed to: Southern Airways Express, Post Office Box 10, Southaven, Mississippi 38677