￼1. Contract Between Operator and Participant: This Operator-Participant Contract (herein, “Agreement”) sets forth the terms and conditions under which Wildcat Touring, LLC (or “Meregrass, Inc) of 14099 County Road 355, Dublin, TX 76446, in return for your payment in full of the amount indicated as the total Charter Price on the receipt, agrees to provide you (the “Participant”, “Passenger”, or “Customer”) with charter air transportation.
2. Electronic Contract: The US Department of Transportation requires all passengers to agree/accept/sign the terms of this Agreement at the time of payment. Your completion of any electronically ticketed transaction, whether negotiated in the form of cash, check, money order or credit card, confirms your acceptance of this Agreement. Your completion of any transaction paid for via the internet similarly confirms your acceptance of this Agreement. You must also provide a valid e-mail address prior to booking your reservation(s) and paying for your flight(s). You cannot book a reservation or receive documents without providing an e-mail address. Providing your valid e-mail address is your consent to receive documents electronically and is taken as a demonstration of your ability to do so.
3. Responsibility: Wildcat Touring provides charter flights only and is therefore responsible only for the Participant’s flight. Wildcat Touring does not offer or provide any other services. Neither Wildcat Touring, nor its agents, servants, employees, or your travel agent assumes any responsibility for, and the Participant agrees to release, relieve and hold harmless Wildcat Touring from, any claim, action, cause of action, injury, losses or damages arising from the actions or omissions of third-parties involved with your flight; missed connections; missed ground transportation or car rental expenses; lost or stolen items or baggage, damage, delay of baggage or other property; costs or expenses arising out of injury, accident or death; quarantine; disturbances; governmental restrictions or regulations; inconveniences; loss of enjoyments; loss of pay; disappointment; mechanical breakdown; airport closure; air traffic control restrictions; government action; strike or lockouts; war, terrorism; weather, acts of God, force majeure, or other factors or causes beyond our control.
4. Reservations and Payment: Reservations may be made directly by calling (254)-945-3228 or online at our website at www.wildcattouring.com. Full payment is due at time of booking of the flight. Passengers have a right to a copy of this Agreement prior to making payment. For bookings made by calling (254)-945-3228 or via the Internet, Wildcat Touring accepts MasterCard and Visa. Participants waive any charge back rights associated with claims resulting from factors that are not under the control or not the responsibility of Wildcat Touring; however, Participants may cancel the reservation prior to scheduled departure of the Charter Flight and will,after payment of a non-negotiable administrative fee per passenger, receive a courtesy credit for future travel on any Wildcat Touring schedule or charter services.
5. Security Agreement: All payments are payable and/or deposited to a charter account at Texas Capital Bank, Wildcat Touring’s depository bank. Your payments are protected by a letter of credit issued by Texas Capital Bank. (the “Securer”). Unless you file a claim with Wildcat Touring or, if Wildcat Touring is unavailable, with the Securer, within 60 days of completion of the Charter (or, in the case of cancellation, the intended date of your scheduled return Charter); 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 Customer and Wildcat Touring shall be solely in United States Dollars; Wildcat Touring is not responsible for any fluctuations in foreign currency exchange rates.
6. Conditions of Carriage: The Operator has certain rights regarding the operation of each flight as set forth below. The Authority of the Aircraft’s Captain: The captain of the Aircraft is the Operator’s agent and shall have complete authority and discretion over the enforcement of the Conditions of Carriage, the Aircraft, support facilities, and all matters concerning the preparation and operation of the Aircraft including the suitability of the weather and landing areas, the condition of the Aircraft for flight, landing of the Aircraft, the manner of flight and all other factors affecting flight safety. In this regard, the captain shall have sole discretion to determine whether flights should be rerouted, shortened, delayed, terminated, or refused. Paragraph 8 hereof notwithstanding, the captain shall also have complete authority and discretion with respect to loads and baggage carried on board the Aircraft, including the stowage and distribution of the same. Admission of Participants to the Charter Flights: The Operator retains the right to accept or decline any person as a member of the Charter or to change or withdraw a Charter if necessary. Furthermore, Operator, and or its agent – the Aircraft’s captain – may, under any circumstance or circumstances listed below, refuse to board, remove from the aircraft, at any airport, and/or refuse to transport a passenger: Whenever such action is necessary to comply with the request of a Government or to comply with a Governmental regulation. Passenger’s conduct or condition, where conduct, status, mental or physical condition is such as to (a) render him incapable of caring for himself without assistance, unless he is accompanied by an attendant who will be responsible for caring for him enroute and with the attention of such attendant, he will not require an unreasonable amount of attention from the Aircraft’s crewmembers (b) make refusal or removal necessary for the reasonable safety or comfort of other passengers, or (c) involve any unusual hazard or risk to himself or other persons (including, in the case of pregnant passengers, unborn children) or to property. A passenger who refuses to permit the search of his person or property, when the Aircraft’s captain or Operator’s personnel determine such search is necessary for safety reasons. A passenger who refuses, when requested, to produce valid, positive identification. A passenger who refuses to comply with Operator’s, Direct Air Carrier’s, or governmental rules, regulations, or instructions. Operator reserves the right to refuse to transport any passenger across international boundaries if (a) the travel documents of that passenger are not in order, or (b) for any other reason, such as a passenger’s embarkation from, transit through, or entry into any country from, through, or to which such passenger’s desired transportation would be unlawful. ￼Operator’s Discretion Regarding Passengers/Baggage: Not withstanding Section 9 hereof, Operator reserves the right to impose limits on the amount of baggage and/or number of passengers permitted on board each flight in order to meet the weight and balance limitations of the Aircraft. Hazardous Cargo: Participant shall not tender to Operator nor shall the Operator accept and carry any baggage which is hazardous/dangerous. Notwithstanding the preceding, the Participant shall remain responsible for all loss and or damage resulting from the hazardous/dangerous character of any baggage that they cause to be placed onboard the Charter Flight. Participant Identification: All Participants must carry a government-issued identification document (such as driver’s license or passport) to be presented to the flight crew upon request during the boarding process. The flight crew may deny boarding to any Participant who cannot produce such identification or for whom the authenticity of the identification document(s) is in question. Travel Authorizations/Permits: Participants shall be responsible for obtaining any travel authorization documents, such as passports, visas, or tourist cards that may be required by destination government authorities to be presented to the flight crew upon request during the boarding process. The flight crew may deny boarding to any Participant who cannot produce such documentation for a flight where such documentation is required or for whom the authenticity of the document(s) is in question.
7. Seating Options for Infants (Children Under Two Years of Age): For Infants Held by an Adult (Lap Child): A parent or any person 16 years of age or older may hold an infant in their lap, provided that infant is included in the Wildcat Touring reservation. i. Emergency oxygen availability considerations require seating parents with lap children only in 2A, 4A, and 9A seats on the left side of the aircraft (excluding exit row seat 6A) For Infants in a Reserved Seat: A ticket must be purchased for an infant traveling in his or her own seat, and you must also provide your own safety ￼seat clearly labelled as approved by the Federal Aviation Administration (FAA). The safety seat cannot be used in an exit row seat (row 6) or in the rows before or after the exit row (rows 5 and 7 behind) Install the seat in the direction appropriate for the size of the child and according to the instructions on its label. The child must remain in the safety seat with the harness fastened during taxi, takeoff, landing and whenever the “fasten seatbelt” sign is on. To carry on a safety seat, you must have bought a seat for the child, or a seat must be available next to you. If an unoccupied, adjoining seat is not available, the gate agent will check the safety seat to your final destination. Additional Information: The FAA provides useful information and helpful guidance at www.faa.gov/passengers designed to educate parents and to encourage them to make informed decisions about traveling with young children.
8. Unaccompanied Children: Children/minors under 15 years of age who are not accompanied on the same flight and in the same compartment by a passenger at least 18 years of age or by a parent regardless of age are considered to be unaccompanied children. Unaccompanied children UNDER 15 YEARS OF AGE will not be accepted under any circumstances.
9. Baggage: Wildcat Touring will transport a maximum of two (2) bags plus one (1) personal item for each ticketed passenger, as follows: Two (2) checked bags with a weight not to exceed 30 pounds each and overall dimensions not to exceed 62 inches (L + W + H = 62). One (1) carry-on bag with overall dimensions not to exceed 45 inches (L + W + H = 45) and a weight not to exceed 15 pounds. Carry-on bags must fit under the seat in front of you or in an overhead compartment. If there is insufficient space in the cabin of the aircraft, the carry-on bag will be gate checked at no additional cost. One (1) personal item such as a purse, laptop, diaper bag or camera case. Personal items must fit under the seat ￼in front of you. All checked baggage shall be subject to Non-refundable Excess Baggage Service Charges as follows: Carry-on bag up to 10 pounds: No charge* 1st checked bag up to 30 pounds: No charge* 2nd checked bag up to 30 pounds: No charge* 3rd checked bag up to 50 pounds: $100.00 *An additional Heavy Bag charge of $100.00 will be levied for each checked bag weighing 51 to 70 pounds. Checked bags weighing more than 70 pounds will not be accepted for carriage. Additional items presented for check-in beyond the limits stated above shall be accepted on a space available basis solely at the discretion of station management and are not guaranteed to be transported. Carry-on bags will be accepted without fee provided that such baggage may be safely stowed either in the overhead bin or under the seat directly in front of the ticketed passenger and that it meets the weight limit stated above. Wildcat Touring reserves the right to require an item to be stowed in the checked luggage compartment and subject to Excess Baggage Service Fees if it cannot be stowed safely in the overhead bin or under the seat directly in front of the ticketed passenger. In addition: Golf clubs and strollers shall count toward the ticketed passenger’s two (2) bag allotment. Upon being tagged as an “authorized” item by Wildcat Touring personnel, strollers and car seats shall be accepted as checked luggage at the gate, if necessary. Standard Baggage Service Charges will apply to golf bags and strollers. Overweight/Excess Baggage Fees may also apply. It is recommended that golf equipment be stored in a hard- sided case for added protection. All bags must have a cover that prevents spillage of contents. All bags must have outside identification. Wildcat Touring personnel reserve the right to refuse carriage/transport of any item presented for checked luggage. Under no circumstances shall Wildcat Touring accept items for carriage that do not accompany a ticketed passenger. In accordance with Federal Regulations, air carrier liability for ￼lost, stolen, pilfered, or damaged bags is limited to provable damage not exceeding $100.00 (provided the Passenger provides Wildcat Touring with the baggage service report and suitable evidence of the value of the bag and its contents).
10. Liability: Wildcat Touring assumes NO LIABILITY for any items left by a passenger in the passenger compartment of the aircraft. Wildcat Touring is not liable under any circumstances for loss or damage to money, jewelry, collector’s items, silverware, furs, negotiable papers or securities, business documents, eyeglasses, cameras, electronic or computer equipment, photographic equipment, medications, damage to inadequately packaged/ overstuffed checked items, and loss or damage of any items packed in such containers or bags; all electronic hardware, software and peripherals; cosmetics, toiletries and personal hygiene products; medications and medical equipment in checked luggage (please note that Wildcat Touring assumes NO LIABILITY for medical complications and expenses due to medications and medical equipment being unavailable as a result of being checked while in-flight, or as a result of unavailability of medications, medical equipment and prescriptions packed in checked luggage due to delay, loss of or damage to such checked luggage), commercial effects, one- of-a-kind items, works of art, artistic items and statuary, glass items and containers, musical instruments, paper materials, perishables, precision items, recreational and sporting goods (excluding golf clubs, bags and equipment), toys, infant seats and strollers or other similar valuable items included in a Customer’s checked or unchecked baggage with or without knowledge of the carrier. Wildcat Touring is not responsible for damage that does not impair the ability of such luggage to protect the contents inside, and specifically is not liable for superficial damage to luggage arising from normal wear and tear of ordinary handling, including scratches, scuffs, puncture, stains and marks. When Wildcat Touring has exercised its ordinary standard of care, it shall not be liable for spoilage resulting from delay in delivery of perishables, or for damage to or caused by fragile items, liquids or perishables which are unsuitably packed, and which are included in a passenger’s checked baggage with or without Wildcat Touring’s knowledge. Wildcat Touring assumes no liability for damage to luggage protrusions (including wheels, zippers and zipper pull tabs, handles, straps, feet, hanger hooks, locks, flaps, pockets, pouches and Operator-Participant Contract Page 5 of 9 September 28, 2015 Items ￼secured to such luggage by means of straps, cords, tape and other external means). Wildcat Touring assumes no responsibility for property damage or loss resulting from passenger security screening or loss incurred in passenger waiting areas or concourses, or for property not checked solely into Wildcat Touring’s custody. Wildcat Touring assumes no liability for damage to locks or luggage, or loss of or damage to contents as a result of search by the TSA or any other government or law enforcement agency. Wildcat Touring shall assume no liability for damage to checked luggage not designed to withstand the customary rigors of air travel. All claims are subject to proof of value, loss and are subject to depreciation. Any baggage problems and/or claims in the case of lost, stolen, damaged or delayed baggage must be reported to a Wildcat Touring airport representative, and written proof of claim must be filed with said representative prior to leaving the airport terminal on the date of arrival, or are to be waived by the passenger.
11. Airport Check-In: Check-in is available one (1) hour prior to flight time. All Passengers must check- in no less than 30 minutes prior to the scheduled departure time of a Charter Flight. Passengers must be at the boarding gate in possession of boarding passes no later than 30 minutes prior to departure. Wildcat Touring reserves the right to resell any seat or deny boarding to any passenger not checked in 30 minutes prior to departure, and the Passenger will have no claim against Wildcat Touring for such canceled reservation. Participants will not receive refunds for missed flights or connections. All passengers 18 years of age or older must have valid government issued photo identification, such as a Passport, driver’s license, state non-operator’s ID, active-duty military ID or passport. Any Passenger that exhibits disruptive behavior will not be allowed to board, or will be removed from the aircraft.
12. Air Transportation: Wildcat Touring flights are Public Charters operated by MEREGRASS, INC. Wildcat Touring reserves the right to substitute scheduled air service when necessary at no additional cost and at comparable times, and does not guarantee aircraft type or capacity. Wildcat Touring will make every diligent and reasonable effort to notify all Participants in the event of a schedule change. No refunds or compensation will be given for changes in aircraft type or for substitution of service to a scheduled air carrier.
13. Customer Service: Wildcat Touring is committed to providing the best possible customer service. In the rare event that you have cause for dissatisfaction during your flight, we encourage you to email us at [email protected], or you may call us at (254) 945-3228 to discuss this problem with us.
14. Miscellaneous: The rights and remedies made available under this Agreement are in addition to any of the rights and remedies available under Texas law. Further, in the interest of clarity and for the avoidance of any doubt, the Participant agrees that all rights, remedies and privileges available to Wildcat Touring under this Agreement shall also apply to and act for the benefit of our agents, servants, employees, officers, directors, representatives, contractors or other third party service providers that Wildcat Touring may retain or engage to provide services on behalf of Wildcat Touring under this Agreement. The acceptance by a Participant of a refund, or alternative travel arrangements, as provided in this Agreement shall constitute a full and final settlement and release of all other claims or remedies against Wildcat Touring. By executing this Agreement, the Participant specifically acknowledges and consents to all conditions set forth herein. This Agreement contains the entire agreement between the parties and completely supersedes any prior agreements or representations of Wildcat Touring, verbal or in Operator-Participant Contract Page 6 of 9 writing. This Agreement can be amended only in writing in a document signed by both parties. Any oral representation or modifications shall have no force or effect. Texas law shall govern this Agreement. Except for baggage claims as outlined above, any claim against Wildcat Touring must be presented in writing within sixty days of the date of the return flight of a Charter Flight, and Wildcat Touring shall have no obligations or liabilities for any claims presented after said sixty-day period. All parties to this Agreement hereby submit to the exclusive jurisdiction of the state courts located in Dallas, Texas, as the appropriate forum for any legal action arising out of or relating to this Agreement.
1. Collection of Information: Certain applications on the Wildcat Touring web site may require users to register or to provide personal information in order to make a commerce transaction, to enter a contest, or to subscribe to a newsletter. Such personal information is not shared or sold to third parties. To better understand the needs of our web site users, we may also request demographic information. Entry of such information is optional and if you choose not to enter such information, you can still successfully use these applications. If we request demographic information, we will not share information about you as an individual with any other entity. If we do share demographic information with third parties, we will give them aggregate information only.
2. Mailing Lists: If you provide your e-mail address, Wildcat Touring may contact you periodically with special offers, updated information and new services. Any e-mail sent by Wildcat Touring will provide the option to be removed from the e-mail mailing list.
Selected applications on our web site allow visitors to subscribe to our newsletter by providing their names and addresses to Wildcat Touring. If you provide Wildcat Touring with your mailing address or telephone number, Wildcat Touring, in addition to providing you with the Wildcat Touring newsletter, may also use this information to alert you to updated information and new services. If you wish to be removed from the mailing list, you may do so by contacting Wildcat Touring directly. (See the ‘Contact Us’ section below).
3. Information to third parties: Wildcat Touring may occasionally present a special contest or promotion on its web site that is sponsored by another company. To qualify for entry, we may ask you to provide personal information. If we plan to share that information with the sponsor(s), we will provide a statement to that effect.
4. Financial information: Wildcat Touring will protect the personal financial information that you share with us. If you make a purchase on-line, we will use your credit card number only to process your payment and will not use it for marketing purposes. For reasons of security, credit card information is not stored on our web servers. We will retain order information for our records, but this information is never shared with third parties.
7. Children: We do not solicit personal information from children. Areas of the Wildcat Touring web site specifically geared toward children will not request any personal or contact information. We do not ask for or provide space to enter contact information.
8. Contact Us / How to Update Your Personal Information: You can help Wildcat Touring maintain the accuracy of your personal information by notifying us when you change your address, title, phone number, or e-mail address. If at any time you wish to update your information or stop receiving communication from Wildcat Touring, our partners, or selected third parties, contact Wildcat Touring by e-mail at [email protected] touring.com or by postal mail at: Wildcat Touring, LLC. 14099 Country Road 355, Dublin, TX 76446
Please include your old and new contact information so that we can make the appropriate corrections. Wildcat Touring would like to receive your comments and questions about this policy
Please address comments or questions regarding the Wildcat Touring’s privacy practices to us at one of the addresses listed above. Wildcat Touring may occasionally update this policy. Notice of revisions will be posted here.
CANCELLATION AND REFUND POLICY
Should you change your travel plans, your right to a refund is limited. If you cancel your reservation (except as set forth in this Cancellation and Refund Policy statement), no refund of the Charter Flight Price will be issued. However: In cases where reservations are changed or cancelled one day prior to the scheduled departure of the Charter Flight, a per passenger flight change/ cancellation fee of $100.00 will be levied and a courtesy flight credit will be issued to the Participant in the amount of the Charter Flight Price, less the applicable flight change/cancellation fee. The courtesy flight credit issued in accordance with above may be used for travel on Charter Flights up to 365 days from the date of original purchase. Wildcat Touring makes no assurances, however, that service will be available on future dates. Voucher credits issued for future Charter Flights have no actual cash value. Participants who do not change or cancel their reservation(s) prior to the scheduled departure of their Charter Flight forfeit all rights to refund of their Charter Flight Price and all rights for receipt of a courtesy flight credit for future travel. Tickets purchased for such forfeited reservations will be null and void.
CONTACT US/CUSTOMER SERVICE INFORMATION
14099 County Road 355, Dublin, TX 76446 By Phone: (254).WILDCAT By Email: [email protected]