Conditions of Carriage

Date Issued: 28-Jun-2016
Version: 15
  1. Introduction
  2. General Information
    1. Definitions
    2. Elite Airways Acting As Agent for Another Airline
    3. Waiver/Modification of Terms
    4. Specific Fares and Charges
    5. Use of Radios, TVs and Other Electronic Devices On Board Aircraft
    6. Claims Notification
    7. Applicable Law
    8. Our Customer Commitment
  3. Acceptance of Customers
    1. Refusal to Transport
    2. Customers with Disabilities
    3. Transporting Disabled Personnel
    4. Passengers with Portable Oxygen Concentrators
    5. Complaint Resolution
    6. Accompanied Children
    7. Unaccompanied Minors
    8. Service Animals
  4. Cancellation of Confirmed Reservations
    1. Failure to Use Flight Coupons
    2. Pre-Assigned Seats
  5. Tickets
    1. Ticket Validity
    2. Altered, Mutilated, and Invalid Tickets
    3. Transferability of Tickets
  6. Check-In
  7. Fares
    1. General
    2. Additional Collection
    3. Connecting Flights
    4. Stopovers
    5. Routings
    6. Rerouting When Allowed
    7. Children's Fares
  8. Refunds
    1. Voluntary
    2. Involuntary
    3. Overcharges
    4. Refund Audits
  9. Delayed and Canceled Flights
    1. Elite Airways' Responsibility for Schedules and Operations
    2. Notification
    3. Extended Onboard Ground Delays
    4. Rebooking
    5. Alternate Transportation
    6. Amenities/Services for Delayed Customers
  10. Denied Boarding
    1. Voluntary
    2. Involuntary
    3. Transportation for Customers Denied Boarding
    4. Compensation for Flights Within the Continental United States
    5. Waiver of Payment of Compensation
    6. Free Air Transportation as Compensation for travel
  11. Baggage
    1. Baggage Allowance
    2. Carry-On Baggage
    3. Conditions of Acceptance
    4. Conditions for Acceptance of Special Items
    5. Transporting Wheelchairs and Scooters
    6. Military Baggage
    7. Restricted Articles
    8. Baggage Claim Limits and Procedures
  12. Miscellaneous Provisions
  13. Customer Complaints

 

  1. Introduction

    This document summarizes the general terms of transportation applicable to transportation of customers and their baggage onboard all domestic Elite Airways flights. Domestic air transportation is also governed by Elite Airways' tariffs on file with applicable government authorities, including the U.S. Department of Transportation. These terms and all applicable tariffs constitute the conditions upon which Elite Airways transports customers and their baggage. Travel on Elite Airways shall be deemed acceptance by the customer of Elite Airways' terms of transportation.

    Since other airlines may have different contracts of carriage (terms of transportation), that information must be obtained directly from the individual airline.

    CONSEQUENTIAL DAMAGES: PURCHASE OF A TICKET DOES NOT GUARANTEE TRANSPORTATION.

    Elite Airways SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR DELAY IN PERFORMANCE OF, OR FAILURE TO PERFORM, TRANSPORTATION OF CUSTOMERS AND OTHER SERVICES INCIDENTAL THERETO (EXCEPT BAGGAGE LIABILITY AS PROVIDED BELOW) WHETHER OR NOT Elite Airways HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

    Elite Airways' TERMS OF TRANSPORTATION ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE. THE MOST UP-TO-DATE VERSION IS AVAILABLE ON THE Elite Airways WEB SITE (ELITEAIRWAYS.COM).

  2. General Information

    1. Definitions:

      Checked Baggage: Any property of a customer, which is accepted for transportation and delivered into the custody of Elite Airways whether checked in the cargo compartment or carried in the cabin of the aircraft.

      Connecting Flight: Requires customers to change aircraft at an intermediate point for the continuation of their trip to their destination.

      Direct Flight: Flight does not require a change of aircraft from point of origin to destination but makes one or more planned intermediate stops en route to customer's final destination.

      Interline: Travel involving two or more airlines.

      Nonstop: Flights scheduled to depart from origin and arrive at destination without any planned intermediate stop en route.

      Personal Item: Any property of a customer which is accepted for transportation in the cabin of the aircraft and which is not checked into the custody of Elite Airways.

      Ticket: The customer ticket and baggage check, or in the case of electronic tickets, the confirmation letter, associated notices and boarding pass, into which these terms of transportation are incorporated by reference.

      Validated Ticket: A ticket that has been purchased (through direct payment or other satisfactory credit arrangement), including electronic tickets, and/or carries the identification stamp of Elite Airways or another airline whose tickets Elite Airways accepts.

    2. Elite Airways Acting As Agent for Another Airline

      Elite Airways will be responsible for the furnishing of transportation only over its own routes. When Elite Airways issues a ticket, checks baggage or makes any other arrangements involving another airline, Elite Airways acts only as agent for such other airline and assumes no responsibility for the acts or omissions of the other airline.

    3. Waiver/Modification of Terms

      No employee of Elite Airways has the authority to waive, modify, or alter any provisions of these terms of transportation or any applicable fares/charges unless authorized by a corporate officer of Elite Airways. Elite Airways-appointed agents and representatives are only authorized to sell tickets for air transportation on Elite Airways pursuant to the terms of transportation and applicable fares/charges of Elite Airways.

    4. Specific Fares and Charges

      Information on specific fares and charges is available through any authorized Elite Airways agent and on the Elite Airways web site (eliteairways.com).

    5. Use of Radios, TVs and Other Electronic Devices On Board Aircraft

      In order to avoid disturbances to the aircraft's electronic navigational equipment, tablets, entertainment players, portable computers, cellular telephones and other portable electronic devices must be turned off for taxi, takeoff and landing. Use of these items in "Airplane mode," however, is permitted in flight unless otherwise restricted by Elite Airways flight crewmembers. Items which may not be operated at any time inside the aircraft include: TV receivers, remote controlled toys, and radio transmitters.

      Cellular phones may be used in transmittal mode inside the cabin on most flights while the aircraft is parked at the gate and the aircraft doorway is open, and after landing while taxiing to the gate, as advised by the flight crew. Cellular phones may not be used while taxiing from the gate, or during takeoff or landing. At the captain's discretion, cellular phones may be used during extended onboard ground delays.

    6. Claims Notification

      Elite Airways reserves the right to reject any claims (except for injury or death) which have not been submitted to Elite Airways in writing within 60 days from the final date of travel. Special rules apply to baggage, as detailed in Section XI.

    7. Applicable Law

      These terms of transportation shall be interpreted and enforced according to the laws of the State of Nevada.

    8. Our Customer Commitment

      Elite Airways has voluntarily established a program setting standards for service levels in the areas of fares, flight information, baggage, ticket purchase and refund, customers with special needs, onboard delays, oversales (overbooking), and complaint resolution. These commitments are incorporated into the applicable sections within this document.

      Elite Airways has committed to:

       

      • Offer the lowest fare for which the customer is eligible.
      • Provide customers with accurate, timely information on flight delays or cancellations.
      • Provide timely baggage delivery.
      • Comply with the required lost-baggage liability limits.
      • Clearly disclose policies for customers with special needs.
      • Improve handling of long onboard delays.
      • Supply basic information and policies about "oversold" flights.
      • Respond promptly to complaints or requests for information.
  3. Acceptance of Customers

    1. Refusal to Transport

      The Company makes available for public inspection at all of its passenger loading gates and ticket counters, its written procedures for making determinations regarding refusal to transport a passenger needing assistance.

      1. Overview

        Elite Airways will not refuse transportation to a customer on the basis that, because the customer may need the assistance of another person to move expeditiously to an exit in the event of an emergency unless his or her transportation would or might be inimical to safety of flight.

        Elite Airways may refuse to transport, or remove from any flight, any passenger for the following reasons:

         

        • Compliance with government requisitions of space.
        • Action necessary or advisable due to weather or other conditions beyond the Company's control (including, without limitation, acts of God, labor disturbances, strikes, civil commotion, embargoes, war, hostilities, or disturbances) actual, threatened or reported.
        • The passenger's refusal to permit a search of person or property for explosives, deadly or dangerous weapons, articles or substances.
        • The passenger's refusal to produce positive identification for verification purposes.
        • The passenger has in the past not complied with the Company's rules, disrupted the Company's operations or abused the Company's employees.
        • The only seat that will accommodate a person's handicap is an exit seat.
        • The passenger's conduct is disorderly, abusive or violent; or the passenger appears to be intoxicated or under the influence of drugs.
        • Attempts to interfere with any member of the flight crew.
        • The passenger appears to be mentally deranged or incapacitated.
        • Engages in any action that might jeopardize the safety or comfort of other passengers.
        • The passenger is barefoot; is unable to sit upright in a seat with the seatbelt fastened or requires a stretcher; is known to have a contagious disease that would be transmissible during the normal course of flight; or has an offensive odor, such as from a draining wound.
        • The passenger is a prisoner in the custody of law enforcement personnel, but without the required minimum number of armed escorts appropriate to the identified risk or, the prisoner is being transported with leg-irons.
        • The passenger requires constant oxygen or other life support equipment. The passenger is pregnant and expecting delivery within 7 days, unless the Company is provided a doctor's certificate, dated within 72 hours of departure, stating that the doctor has examined and found the passenger physically fit for air transportation. With letter, passenger within 7 days of due date will be accepted for flight segments of one hour or less.
        • The passenger is an infant seven days or less in age or is an infant requiring incubator or other life support systems.
        • The passenger is unaccompanied and is both blind and deaf, unless such a passenger is able to communicate with representatives of the Company by either physical, mechanical, electronic or other means. Such passenger must inform the Company of the method of communication to be used.
        • The passenger age, mental or physical condition, disability or impairment is such that the passenger would need excessive or unusual assistance in the event of an emergency or to take care of their physical needs in flight, unless the passenger is accompanied by a ticketed, competent attendant who will be responsible for caring for the passenger.
        • The passenger fails to comply with the 48-hour advance notice requirement.
        • Persons who are unable to occupy a seat in the full upright position with the seat belt fastened
        • Person whose conduct is or has been known to be disorderly, abusive, threatening, intimidating or violent
      2. Procedures

        Elite Airways requests a 48-hour advance notice for the following services:

         

        Elite Airways will make available at all of its passenger loading gates, its written procedures for making determinations regarding refusal to transport passengers. Upon request of the FAA for a change in procedures or policy to this section, Elite Airways shall institute the change and provide to the FAA the revision within 10 days

        • Provision by the carrier of hazardous materials packaging for a wheelchair battery or other assistive device.
        • Accommodation for a group of ten or more qualified individuals with a disability, who make reservations and travel as a group.
        • Provision for a required traveling attendant or accommodation of a traveling attendant who can provide assistance with aircraft ingress and emergency egress to paying passenger.
    2. Customers with Disabilities

      Elite Airways' policies and procedures comply with the U.S. Department of Transportation regulation, "Nondiscrimination on the Basis of Disability in Air Travel" (14 CFR Part 382). Provisions within this regulation include, but are not limited to:

       

      • Onboard wheelchairs on larger aircraft.
      • Transportation of personal wheelchairs and other assistive devices.
      • Special seating accommodations for customers with physical disabilities or those traveling with a personal care attendant or service animal (advance notice required).
      • Assistance in boarding and deplaning.
      • Assistance in loading and retrieving personal items.
      • Information concerning facilities and services available for customers with disabilities.
      • A Complaints Resolution Officer at our Corporate Headquarters to respond to issues surrounding customers with disabilities.
    3. Transporting Disabled Personnel

      1. Check-In

        Disabled passengers (mobility, vision, or hearing impaired) can check in up to two hours in advance of scheduled departure time and request special seating. Inform the Elite Airways agent or flight attendant of any special assistance associated with your disability that you may require. Movable armrests may be helpful for mobility challenged passengers, so ask the agent to accommodate you in a seat with this feature if it's available. If you're traveling with a companion who will be assisting you, ask the agent to ensure that your companion's name is listed in your reservation and that they are seated next to you. However, in any case, mobility disabled persons must arrive at the airport at least one hour prior to scheduled departure of your flight.

      2. Boarding the Aircraft

        If you need extra time to board the aircraft or assistance with reaching your seat, please inform an Elite Airways gate agent or flight attendant. Special boarding chairs are available to assist physically challenged passengers through the boarding process. Remember to provide clear instructions to personnel regarding how you wish to be lifted. You will be pre-boarded through the aircraft main cabin door.

      3. Deplaning the Aircraft

        Mobility disabled customers are deplaned at the main cabin door upon arrival at your destination. If you require additional wheelchair assistance at your destination or transfer point, please notify a flight attendant at least 45 minutes prior to arrival.

        Please note: airport wheelchairs are in great demand during peak travel times.

    4. Passengers with Portable Oxygen Concentrators

      Portable Oxygen Concentrators (POCs) are small, portable devices that work by separating oxygen from nitrogen and other gasses in the air and providing the user with oxygen at a concentration of more than 90 percent. The POCs operate using either rechargeable batteries or aircraft electrical power. POCs briefly store a small quantity of oxygen until the POC either 1) senses the user's inhalation and dispenses the oxygen (pulse technology), or 2) delivers the oxygen in a continuous flow to the user. Most POCs are not considered hazardous materials by the Pipeline and Hazardous Materials Safety Administration (PHMSA), formerly the Research and Special Programs Administration (RSPA). They do not require the same level of special handling as compressed oxygen and are safe for use onboard aircraft if certain conditions for their use are met. Elite Airways will accept at no charge, FAA Approved Personal Oxygen Concentrators (POCs) for carriage and use on board the aircraft, subject to the customer satisfying the requirements outlined below.

      Elite Airways will accept only current and future POCs that are FAA approved and meet RTCA standards (Radio Technical Commission for Aeronautics), which ensure that the devices do not cause interference with the electrical, navigation, or communication equipment on our aircraft.

      NOTE: Oxygen "purifiers" are not the same as Portable Oxygen Concentrators. Oxygen purifiers cannot be used onboard aircraft.

      1. Customer Responsibilities

        Customers who choose to use POC's on Elite Airways flights should contact the Elite Airways stations manager (321-265-5100) in advance (though not required) for information and to verify requirements.

        Customers using a POC must satisfy all of the following requirements:

        NOTE: When connecting to or from any airline other than Elite Airways, the customer is responsible for making independent arrangements directly with the other airline. The company agent should verify that the customer is aware of this responsibility, but should not deny boarding on Elite Airways flights for this reason.

        • Notify a Company ticket representative of intention to use the POC on board an Elite Airways flight at the time of flight check-in;
        • Ensure that the POC is free of oil, grease, or other petroleum products and is in good condition free from damage or other signs of excessive wear or abuse;
        • Ensure that all portable oxygen concentrator batteries carried onboard the aircraft in carry-on baggage are protected from short circuit and are packaged in a manner that protects them from physical damage. Batteries protected from short circuit include: (1) Those designed with recessed battery terminals; or (2) those packaged so that the battery terminals do not contact metal objects (including the battery terminals of other batteries). When a battery powered oxygen concentrator is carried onboard aircraft as carry-on baggage and is not intended to be used during the flight, the battery must be removed and packaged separately unless the concentrator contains at least two effective protective features to prevent accidental operation during transport.
        • Must have a written statement from their doctor that includes the following information:
          • The user has the ability to see/hear/understand the device's aural and/or visual warnings and is able to take appropriate action;
          • Whether the use of the POC is medically necessary for all or only a portion of a flight;
          • Maximum oxygen flow rate considering the air pressure in the cabin under normal operating conditions;
          • The duration of the expected use of the POC in hours and minutes.
          • Know the scheduled flight time, which is available from the Elite Airways website, reservations office, or travel agencies, and have enough batteries to power the unit for the scheduled flight time plus an additional three hours to account for possible delays on the flight or connecting flights;
          • Be aware that only lotions or salves that are oxygen approved may be used by persons using a POC;
          • Know how to and be able to operate the unit, or travel with a companion who understands how to operate the unit. Flight crews will not operate the unit for customers
    5. Complaint Resolution

      Customers who have complaints about the handling of a customer with a disability may discuss the issue with the local Complaints Resolution Official, contact Elite Airways' Office of Customer Relations (see section XIII), or contact the Department of Transportation.

      U.S. Department of Transportation
      Aviation Consumer Protection Division 400 Seventh Street, S.W.
      Washington, DC 20590

    6. Accompanied Children

      Children less than 5 years of age must be accompanied on all flights and in the same compartment with an adult at least 18 years of age. Children under 12 years of age are accepted for transportation when accompanied on the same flight by a customer at least 18 years of age.

    7. Unaccompanied Minors

      Children 5 to 13 years of age who are not accompanied on an aircraft by a parent, legal guardian, or someone who is at least 18 years of age, are considered unaccompanied minors (UM) and are subject to specific restrictions.

      Unaccompanied Minors are the direct responsibility of the lead flight attendant (FA1). FA1 will ensure that the UM reaches his or her destination and FA1 will meet the predetermined responsible party or gate agent with all appropriate documents.

       

       

      1. Restrictions for Unaccompanied Minors

        • Unaccompanied minors can only travel on nonstop flights. Elite Airways does not offer unaccompanied minor service to or from any other airlines or with connecting flights.
        • Children younger than 5 years of age will not be accepted for unaccompanied travel.
        • On the CRJ 100/200, no more than 8, and on the CRJ 700, no more than 12 unaccompanied minors will be accepted for travel per flight.
      2. Station Procedure

        Prior to accepting an unaccompanied minor on an Elite Airways flight, the gate agent will verify that all applicable portions of the Unaccompanied Minor Form (SOM Form 0019) have been completed by parent or guardian.

    8. Service Animals

      Elite Airways will permit dogs and other service animals to accompany a person with a disability in the cabin of certain aircraft. A service animal is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. Elite Airways may request identification or other evidence that an animal is a service animal.

  4. Cancellation of Confirmed Reservations

    All reservations (including those for seats on continuing and return flights) are subject to cancellation without notice:

    Where there is a record that a reservation was canceled (either by Elite Airways as stated above or by the customer) after a ticket for a confirmed seat was issued, the ticket may not be accepted for the flight specified. In that event, the customer will not be eligible for denied boarding compensation.

     

     

     

    1. If the customer has not purchased (through direct payment or other satisfactory credit arrangement) a validated ticket or completed an electronic purchase providing for confirmed seat(s) at least 60 minutes prior to scheduled departure of the flight or earlier, unless a greater time limit is specified.
    2. If the customer fails to fulfill the requirements of the fare type to which the reservation applies.
    3. If the customer is not present at the boarding gate or on the aircraft at least 20 minutes prior to scheduled departure time of the flight.
    4. If the customer fails to occupy the seat reserved (for example, a no-show). A no-show on the first leg of a round trip results in cancellation of the entire itinerary.
    5. If such action is necessary to comply with any governmental 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 Elite Airways' control.
    6. If Elite Airways refuses to transport the customer for any of the reasons stated in Section III above.
    7. Failure to Use Flight Coupons

      A customer who, due to a cancellation or delay of a flight, or a voluntary change, does not fly a segment of his or her itinerary must notify Elite Airways of any alternate travel plans prior to the originally scheduled flight departure to avoid cancellation of remaining segments. Depending on the changes made and the ticket issued, additional charges, including a change fee, or refunds may apply.

    8. Pre-Assigned Seats

      Seats assigned in advance are not guaranteed and form no part of the contract of carriage. Seat assignments may be subject to change and/or may be released for reassignment.

  5. Tickets

    1. Ticket Validity

      If a refundable ticket is not used for the flights and dates purchased, the value of the ticket, less any applicable fees, can be applied towards the purchase of another ticket, for one year from the date of issue as indicated on the ticket. All travel must be completed within one year from original date of ticket issuance. All tickets will expire within one year of original date of ticket issuance.

      Unless otherwise specifically provided by the governing fare tariff, wholly unused nonrefundable tickets are valid and may be changed for one year from the date of issue, provided the customer has notified Elite Airways on or before the scheduled departure date if they do not plan to fly as ticketed due to a voluntary change, subject to any applicable fees. Partially used nonrefundable tickets are valid for one year from the date of issue, provided any voluntary changes are made and the ticket reissued on or before the scheduled date of departure, subject to any applicable fees. All travel must be completed within one year from original date of ticket issuance for both partially and wholly unused nonrefundable tickets. All tickets will expire within one year of original date of ticket issuance. Except as stated above, all nonrefundable tickets have no further value once the scheduled date of departure for any ticketed segment has passed and the customer has failed to travel on such ticketed segment, other than due to an oversale, a cancellation, or a delay of the ticketed flight by the carrier. All unflown segments of such tickets are invalid and may not be applied toward the purchase of another ticket.

    2. Altered, Mutilated, and Invalid Tickets

      A ticket which has not been validated or which has been altered is not valid. Flight coupons presented out of sequence may not be honored, except as provided in section IV above. Flight coupons presented without the corresponding customer receipt may not be honored.

      Tickets are valid for travel only when used in accordance with all terms and conditions of sale.

      Elite Airways specifically prohibits the practices commonly known as:

       

      Where a ticket is invalidated as a result of the customer's non-compliance with any term or condition of sale, Elite Airways has the right in its sole discretion to:

       

      • "Back-to-Back Ticketing" - the combination of two or more round-trip excursion fares for the purpose of circumventing minimum stay requirements.
      • "Throw Away Ticketing" - the use of round-trip excursion fares for one-way travel.
      • "Hidden City/Point Beyond Ticketing" - the purchase of a fare from a point before the customer's actual origin or to a point beyond the customer's actual destination.
      • Cancel any remaining portion of the customer's itinerary
      • Confiscate unused flight coupons
      • Refuse to board the customer or check the customer's baggage, or
      • Assess the customer for the reasonable remaining value of the ticket, which shall be no less than the difference between the fare actually paid and the lowest fare applicable to the customer's actual itinerary.
    3. Transferability of Tickets

      Tickets are not transferable unless otherwise specified. Elite Airways is not liable to the owner of a non-transferable ticket for honoring such ticket when presented by another person.

  6. Check-In

    To help ensure on-time performance, Elite Airways requires that customers be present at the boarding gate or on the aircraft at least 20 minutes before the scheduled departure time of the flight. Failure to meet this requirement may result in cancellation of the customer's reservations and make the customer ineligible for denied boarding compensation.

    If a customer with a seat assignment on Elite Airways does not obtain a boarding pass at least 45 minutes before the scheduled departure time, the customer's seat assignment (including those seat assignments on continuing or returning flights) may be subject to cancellation and/or reassignment.

    It is Elite Airways' policy to close the aircraft doors five minutes prior to scheduled departure.

  7. Fares

    1. General

      Elite Airways offers customers the lowest fare for which they are eligible for the date and the flight requested at the time of booking through our reservations agents. Not all fares are available for all flights. Fares are subject to change without notice and are not guaranteed until a ticket is purchased.

      On certain discount fares, seating is limited and restrictions may apply. Further details concerning Elite Airways' discount fares are available from any authorized Elite Airways agent and through the Elite Airways web site (Eliteairways.com).

      Except as otherwise noted in the specific fare rule, transportation is subject to the rules in effect on the date of purchase, not on the date when a reservation is made. The applicable fares are those in effect for the date of travel requested.

    2. Additional Collection

      Elite Airways' fares are changed from time to time; however, no increase will be collected provided the flight(s) and date(s) are shown on the ticket and are not changed at the request of the customer. Elite Airways' fares may not include certain ticketing, government or airport-imposed per-customer charges or fees, including airport-specific passenger facility charges, federal excise taxes on each flight segment (defined as a takeoff and landing), U.S. security fees, including the September 11th Security Fee, and any other fee or fees that may be imposed by applicable governmental authority. In the case of voluntary changes, special charges may be applicable including, but not limited to, federal transportation taxes, special fare cancellation/change fees, returned check charges, fuel surcharges, passenger facility charges, U.S. security fees, including the September 11th Security Fee, PTA service charges, terminal/airport charges, checked baggage fees and lost ticket service charges.

    3. Connecting Flights

      When a metropolitan area is served by more than one airport and the customer requires connecting service with arrival at one airport and departure from another airport, transportation between those airports must be arranged by and at the expense of the customer.

    4. Stopovers

      A stopover is a voluntary interruption in the customer's journey at an intermediate city. Elite Airways does not permit stopovers between two destinations served as a published route.

    5. Routings

      A fare applies only:

       

      Elite Airways will advise customers at the time a reservation is made or at the earliest possible opportunity if the itinerary includes a scheduled or unscheduled change of aircraft on a single flight with the same flight number.

      1. To transportation via the intermediate cities specified by Elite Airways in connection with such fare. Any other routing may subject the customer to an additional charge.
      2. For transportation between the airports for which it is published. Tickets may neither be issued nor accepted for transportation that will either originate or terminate at an airport other than the airport for which the fares are published.
    6. Rerouting When Allowed

      Elite Airways will reroute (transport to the same destination via a different routing) a customer at the customer's request and upon presentation of the ticket held by the customer, or upon verification of electronic purchase. Additional fees and charges may apply.

    7. Children's Fares

      One child under two years of age, not occupying a seat and accompanied by a customer at least 18 years of age, will be transported without charge within the continental U.S. Accompanied children less than two years of age traveling to an international destination may be required to pay a fare, whether or not they occupy a seat. All other accompanied children under 12 years of age occupying a seat will be charged the appropriate fare. Children's fares may be available. Customers aged 12 and over will be charged the applicable adult fare.

      Unaccompanied children at least five years of age and under 13 years of age will be charged the applicable adult fare. There will be a service charge for unaccompanied children aged five to 13 years of age. If two or more children from the same family are traveling together, only one such service charge will be assessed. Children will be considered to be members of the same family if they are siblings, half-siblings, or step-siblings.

      See "Unaccompanied Minors" section for details on Elite Airways' unaccompanied minor program.

  8. Refunds

    1. Voluntary

      A voluntary refund refers to a refund provided when requested by the customer.

      Customers may make changes to the reservation and will pay only the difference in airfare for travel on another day.

      Within 24 hours of the initial purchase, fare and incidental charges are fully refundable.

      After 24 hours from the initial purchase, reservations may be cancelled or changed up to 24 hours prior to departure to receive a voucher for a future flight up to 365 days from date of original travel. Customers who do not notify Elite Airways 24 hours in advance of their flight forfeit their right to a voucher for future travel. Vouchers issued for future flight have no actual cash value.

      If a ticket is purchased within 24 hours of travel, no refund or change is permitted.

      When a customer requests that a "refundable" ticket (including electronic tickets) issued by Elite Airways be refunded, such refund (if eligible) will be made to the customer or to the purchaser, if such purchaser is identified on the ticket, as indicated below:

      Any applicable change fee, cancellation penalty, or ticketing fee will be deducted from the refund amount. For eligible tickets purchased by credit card, refund notifications will be sent to the applicable credit card company within 10 business days after receipt of proper documentation. Eligible tickets purchased by credit card will only be refunded to the credit card used to purchase the ticket. For eligible tickets purchased by cash or checks, refunds will be issued within 30 business days.

      Elite Airways will not refund tickets purchased through third party ticket discounters.

      No refunds will be made for "nonrefundable" tickets. No refunds will be made for other tickets after one year from the date of issue. Any applicable cancellation penalties and change fees will be assessed. Special refund rules apply for international travel.

      • If a portion of the ticket has been used, the refund will be the amount equal to the remaining value after deduction of the applicable fare used from the amount paid, minus any associated ticketing fees.
      • If no portion of the ticket has been used, the refund will be the amount equal to that paid, minus any associated ticketing fees.
    2. Involuntary

      Involuntary refunds refer to refunds provided when Elite Airways is unable to accommodate the customer.

      In the event that Elite Airways is unable to provide a previously confirmed seat and Elite Airways is unable to reroute the customer either over the routes of Elite Airways or another airline, Elite Airways will refund as indicated below:

       

      In no instance will the amount refunded be greater than the amount paid. Elite Airways will not refund a ticket which does not indicate a confirmed seat on Elite Airways.

      • If no portion of the ticket has been used, the refund will be the amount equal to that paid, minus any associated ticketing fees.
      • If a portion of the ticket has been used, the refund will be:
        • The amount equal to the lowest applicable one-way fare (50% of published round trip fares) from the airport of interruption to the destination, based on the fare type used; or
        • When the original promotional fare type used in the purchase of the ticket is not available at any intermediate airport where an interruption occurs, the amount refunded will be the same proportion of the normal coach (Y) fare published from the airport of interruption to the customer's original destination, as the fare paid is of the normal coach (Y) fare between the point of origin and the stopover/destination. No refund will be applied if ground transportation is offered for part of the ticketed itinerary and accepted by the customer.
    3. Overcharges

      Claims for overcharges must be accompanied by the customer coupon/receipt of the ticket issued by Elite Airways and must be made within 60 days from the date of purchase.

    4. Refund Audits

      Customer refunds are subject to audit. Elite Airways has the right to collect any moneys owed from the customer or any over-refunds made to the customer found as a result of the audit.

  9. Delayed and Canceled Flights

     

     

    1. Elite Airways' Responsibility for Schedules and Operations

      Elite Airways undertakes to use its best efforts to transport the customer and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of the terms of transportation. Elite Airways may substitute alternate carriers or aircraft and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Elite Airways is not responsible or liable for making connections, or for failing to operate any flight according to schedule, or for changing the schedule of any flight.

    2. Notification

      In the event of a flight delay, cancellation or diversion, Elite Airways will provide the most current information available to customers in the airport or onboard an aircraft in a timely manner. Flight information may also be obtained through the Elite Airways web site (eliteairways.com) and the Elite Airways main phone number (207-842-6400 ext 301).

    3. Extended Onboard Ground Delays

      Elite Airways defines a long delay as starting at one hour from the time an aircraft pushes back from the gate. While away from the gate, Elite Airways flight crews communicate frequently with customers on board the airplane. Elite Airways' flights may be returned to the gate at any point during a delay depending on each flight's specific situation.

    4. Rebooking

      When a ticketed customer holding confirmed reservations on a flight will be delayed because of a schedule irregularity (flight cancellation, omission of a scheduled stop, a substitution of equipment, or schedule change), Elite Airways will rebook the customer on its next available flight to the customer's ticketed destination without additional charge.

    5. Alternate Transportation

      If Elite Airways is not able to reroute customers on its flights or other airlines' flights, Elite Airways may offer the customer ground transportation to the destination. If the customer does not accept the ground transportation offered, Elite Airways will refund the value of the remaining flight coupons to the stopover or destination.

    6. Amenities/Services for Delayed Customers

      When a ticketed customer holds a confirmed reservation on a flight, Elite Airways may assume limited expenses incurred as a result of a flight cancellation or schedule irregularity resulting in a delay exceeding six hours, as outlined below. Elite Airways may also provide special amenities and services which, in Elite Airways' judgment, are required by certain customers such as unaccompanied children, customers requiring special assistance, and customers with medical conditions, in order to maintain the safety, health and welfare of such customers. Amenities will not be made available to a customer on any Elite Airways flight which is delayed or canceled in the metropolitan area where the customer resides or at the customer's destination, or stopover point.

      Elite Airways will provide a food voucher (or meal) to customers whose flights have been canceled or delayed for four hours or more during normal meal times, when the delay is not due to Air Traffic Control, weather, or other circumstances beyond the control of Elite Airways. The food voucher may be used at a restaurant in the airport or a hotel restaurant for customers who are also accommodated overnight. The value of the food voucher will vary according to whether it is for breakfast, lunch, or dinner.

      In the event of a delay or cancellation, overnight accommodations will be arranged by Elite Airways at their expense for customers at connecting points whose flights are delayed or canceled because of circumstances within Elite Airways' control for whom no alternate transportation is available. Overnight accommodations will not be provided for customers whose flights are delayed or canceled due to circumstances beyond Elite Airways' control such as Air Traffic Control or weather. Overnight accommodations include a hotel and transportation to and from the hotel selected by Elite Airways.

      Food vouchers will be provided if the delay or cancellation causes the customer to miss dinner and/or breakfast.

      In the unusual event that alternate transportation or overnight accommodations cannot be provided, Elite Airways will endeavor to provide for customers' comfort by making sure food is available and arranging for customers' trips to resume as soon as possible.

      With respect to amenities made available by Elite Airways, including ground transportation and hotel accommodations, the vendor providing such service is not an agent, servant, employee, or in any manner under contract with Elite Airways to provide such goods and services. Elite Airways disclaims all liability for any acts or omissions of the vendor, its agents, servants, and employees resulting in personal injury or death, or loss of or damage to property.

  10. Denied Boarding

    Upon request Elite Airways will advise a customer if his/her flight is overbooked. If Elite Airways determines that there are not enough available seats on a flight to accommodate all customers holding confirmed reservations and tickets, Elite Airways will take the actions specified below regarding voluntary and/or involuntary denied boarding.

    1. Voluntary

      Request for Volunteers: Elite Airways will request customers to relinquish their seats voluntarily in exchange for compensation (monetary or travel credit) as determined by Elite Airways. The request for, and selection of, volunteers will be in a manner determined solely by Elite Airways. Because the selection of volunteers is based on a variety of factors, and because we may have more volunteers than we need, some volunteers may not be selected.

    2. Involuntary

      Boarding Priorities: If a flight is oversold and there are not enough volunteers, Elite Airways may be required to deny boarding involuntarily, in accordance with the following:

       

      1. The last customer(s) to present him/herself (themselves) at the boarding gate may be denied boarding in the event of an overbooked flight.
      2. Special efforts will be made to never involuntarily deny boarding to customers requiring special assistance or unaccompanied minors.
    3. Transportation for Customers Denied Boarding

      Elite Airways will transport customers who have been denied boarding, whether voluntarily or involuntarily, on its next flight on which space is available at no additional cost to the customer.

    4. Compensation for Flights Within the Continental United States

      1. Voluntary

        Elite Airways will offer volunteers on flights within the continental United States a transferable voucher for one free round-trip coach class ticket on Elite Airways within the continental United States.

      2. Involuntary

        Elite Airways will offer one of the following types of compensation to customers denied boarding involuntarily on flights within the continental United States:

         

        However, the compensation shall be 50% of the amount described above, but not more than $400.00, if Elite Airways arranges for comparable air transportation, or for other transportation acceptable to the customer, scheduled to arrive not later than two hours after the planned arrival, at the airport of the customer's next stopover, or at the airport of the customer's destination of the flight on which the customer holds a confirmed reservation.

        • A transferable voucher for one free round-trip coach class ticket on Elite Airways within the continental United States,
          or,
        • Cash compensation in the amount of 200% of the sum of the values of the customer's remaining flight coupons of the ticket to the customer's next stopover, or if none, to his/her destination, but not more than $800.00.
    5. Waiver of Payment of Compensation

      Denied boarding compensation payment may not be made if:

       

      1. The customer has not complied with the applicable time limit for presenting himself or herself at the boarding gate even if the customer has already checked in at another location.
      2. The customer is offered alternative travel accommodations on an aircraft other than that specified on his/her ticket (at no extra charge), except that a passenger seated in a section for which a lower air fare is charged shall be entitled to the appropriate refund.
      3. The flight for which the customer holds confirmed reserved space is unable to accommodate that customer because of the substitution of equipment of lesser capacity when required by operational or safety reasons.
      4. Elite Airways arranges comparable air transportation, or other transportation used by the customer at no extra cost to the customer, that at the time such arrangement is made, is planned to arrive at the airport of the customer's next stopover or, if none, at the airport of the final destination not later than one (1) hour after the planned arrival time of the customer's original flight or flight(s).
    6. Free Air Transportation as Compensation for travel

      Free air transportation is limited to one round trip ticket from any one city served by Elite Airways to any one destination served by Elite Airways, as selected by the customer.

      The voucher for free air transportation will be provided only to the customer who was denied boarding, although the customer may elect to transfer the voucher to another person. The voucher for free air transportation must be exchanged for a ticket within one year from the date of issuance of the voucher. Tickets issued in exchange for free air transportation vouchers are valid for one year from the date of ticket issuance. All travel must be completed within one year of the date of ticket issuance. Space is subject to availability at time of booking and travel must be via Elite Airways only and via most direct routing on which space is available. A stopover will be permitted only at the customer's outward destination. The ticket has no refund value and may be rerouted and reissued only by Elite Airways. A customer involuntarily denied boarding may decline this transportation benefit and receive the cash payment specified in the section of the document describing involuntary compensation.

      Elite Airways policies and procedures on voluntary and involuntary denied boarding, including applicable check-in deadlines, are available from authorized Elite Airways agents and on the Elite Airways web site (eliteairways.com).

      NOTE: ACCEPTANCE OF DENIED BOARDING COMPENSATION CONSTITUTES FULL COMPENSATION FOR DAMAGES INCURRED BY THE CUSTOMER AS A RESULT OF Elite Airways' FAILURE TO PROVIDE THE CUSTOMER WITH A CONFIRMED SEAT.

  11. Baggage

    1. Baggage Allowance

      Elite Airways will accept for transportation as baggage such personal property as is necessary for, or appropriate for the wear, use, comfort, or convenience of the passenger for the purpose of the trip, subject to the following:

       

      1. Elite Airways may charge a fee for checked baggage according to the following rates:

         

         

        • 1st bag up to 50 lbs. is free of charge
        • 2nd bag up to 50 lbs. will be charged $35
        • 3rd bag up to 50 lbs. will be charged $75
        • Bags weighing 51-70 lbs. will be charged an additional $35
        • Bags weighing 71-100 lbs. will be charged an additional $75
      2. All baggage is subject to inspection by Elite Airways, however, Elite Airways is not obligated to perform an inspection of any baggage. Elite Airways reserves the right, at any time, to either refuse to transport or remove from an aircraft any baggage that the passenger refuses to submit for inspection.
      3. Elite Airways reserves the right to refuse to transport baggage on any flight other than the flight carrying the passenger.
      4. Elite Airways reserves the right to refuse to accept property for transportation if:

         

         

        • The size, weight, or character of such property renders it unsuitable for transportation on the particular aircraft which is to transport it;
        • The property cannot be accommodated without harming or annoying passengers; or
        • The property is not suitable or adequately packaged to withstand ordinary handling unless the passenger has executed a release form.
      5. Elite Airways will not accept baggage or other personal property for storage.
      6. Elite Airways will check baggage which is tendered by a passenger only upon presentation by the passenger of a valid ticket for transportation over the lines of Elite Airways and one or more other carriers, subject to the conditions specified below:

         

         

        • The passenger's name must appear on the baggage
        • Baggage will not be checked:

           

           

          • To a point that is not on the passenger's routing
          • Beyond the passenger's next point of stopover or, if there is no stopover, beyond the final destination designated on the ticket
          • Beyond a point at which the passenger wants to reclaim the baggage or any portion thereof
          • To a point which is intermediate to the passenger's next point of stopover, or if not, intermediate to the final destination.
    2. Carry-On Baggage

      A single carry-on bag is permitted on Elite Airways aircraft in addition to the one personal item. Only one personal item will be allowed per passenger. Personal items include the following:

       

      Subject to the following maximum dimensions on the CRJ100/200:

      Location Dimensions Cumulative Total
      Underseat 16"x17"x8" 41"
      Overhead 22"x14"x9" 50"

       

      NOTE: In addition to the ONE personal item, a passenger may carry, within reason: a coat, an umbrella, reading material, food for immediate consumption, infant restraining device or passenger assist/comfort animals and devices.

      Upon request by the passenger, a fragile and or bulky item may be accepted by Elite Airways at the sole risk of the passenger as cabin-seat baggage subject to the provisions in the "Cabin-Seat Baggage and Charges" section of this contract. Baggage allowance may be restricted due to lack of space on certain Elite Airways aircraft.

      1. Purse
      2. Briefcase
      3. Computer and case
      4. Diaper bag
      5. Other similar size item (backpack, small duffel bag, portfolio)
    3. Conditions of Acceptance

      Fragile and Perishable Items: Elite Airways will refuse to accept property for transportation that is not suitably packaged to withstand ordinary handling, that is of a size, weight or character which renders it unsuitable for transportation on the particular aircraft to be used, or that cannot be accommodated without harming or annoying customers. Fragile and perishable items (see examples below) may be accepted if appropriately packaged in an original factory-sealed carton, mailing tube, container or case designed for shipping such items or packed with airline-approved, protective material. However, fragile items without appropriate packaging may, at the sole discretion of Elite Airways, be accepted upon the execution of a release form furnished by Elite Airways, releasing Elite Airways from liability for damage to, loss or spoilage of contents, or delay in delivery resulting in damage to, loss, or spoilage of such items.

      Examples of fragile and perishable items: glass, plastic, artistic items, pottery, wood, electronic / mechanical devices, including computers with or without carrying case, flimsy garment bags, liquids, musical instruments, papers, food, plants, flowers, photographic equipment, toys and unsuitably protected recreational and sporting goods.

    4. Conditions for Acceptance of Special Items

      The following are special items that will be accepted as checked or carry-on baggage, subject to specified conditions and payment of charges when applicable:

      1. Firearms

        In accordance with Federal law, a customer who presents baggage containing a firearm must sign a declaration that the firearm is unloaded and placed in a suitable locked, hard-sided container before such baggage will be checked. Ammunition is not allowed onboard company aircraft.

      2. Child Restraint Systems

        A child restraint system will be accepted for transportation in the customer cabin only if the restraint system can be stowed beneath the seat or in an approved overhead compartment; or when an additional seat is reserved for the infant, a ticket is purchased, and the restraint system can be properly secured by the seat belt. The infant may not be secured in the restraint system during ground movement, takeoff, landing, or any other time when the "Fasten Seat Belt" sign is on, unless such restraint system is government approved.

      3. Seat Baggage

        When determined acceptable by Elite Airways, an item of baggage may occupy a seat (selected by Elite Airways), provided the customer accompanies the property, the item meets specified dimensions, can be properly secured by a seat belt, reservations are made and the applicable fare is paid.

      4. Pet Animals

        Elite Airways does not accept animals for shipment in the cargo hold. Elite Airways will accept for an extra charge small dogs, small domestic cats, small household birds and household tropical fish for transportation in the customer cabin under the following conditions:

         

        NOTE: Due to underseat space constraints, pets may not be permitted in the cabin on certain aircraft types.

         

         

        • Reservations are made at least 24 hours before departure
        • The animal is harmless, inoffensive, odorless, and requires no attention during transit
        • The container must be approved by Elite Airways and able to fit underneath the seat in front of the customer traveling with the animal.
        • Only one pet per customer and container is permitted, and the pet cannot be removed from the container during transit and only one pet container per zone
        • In the event the animal becomes offensive or causes a disturbance during transit, the owner will be asked to deplane with the pet at the first en route stop.
        • Elite Airways assumes no responsibility for the impaired health or death of the animal.
        • Passengers traveling with pet animals will be assessed a $50 per pet fee each way.
    5. Transporting Wheelchairs and Scooters

      If the aircraft is less than 78 seats you should contact Elite Airways at least 48 hours prior to departure and check-in one hour prior to departure if you are requesting the transportation of a wheelchair or other device that uses a gel cell battery or an on-board wheelchair. If on a large aircraft then you should check in one hour prior to departure. In each case your wheelchair will be tagged for special handling and placed in the cargo compartment as you board the plane. The wheelchair will be returned to you at the destination gate upon arrival or at a connecting airport.

      Wheelchairs, canes, or three wheel scooters are not counted towards your baggage allowance.

      Please provide clear instructions for disassembly if you have a battery-powered wheelchair.

      Canes and Walkers: Canes and walkers are permitted as carry-on items when traveling. Due to size and space constraints, walkers must be stowed in the cargo compartment for transport. Canes may be kept by the passenger at their seat.

      On-Board Wheelchair: If you are in need of an on-board wheelchair during your flight, please notify Elite Airways at least 24 hours in advance of your departure and arrive at the airport at least one hour prior to scheduled departure of your flight.

    6. Military Baggage

      Military personnel who are on active duty status or who have been discharged within seven days qualify for free baggage allowance. Military personnel may check 2 bags free of charge which can exceed 62 inches/157cm in dimensions (but less than 81 inches/206 cm) and weighs 100 pound/46kg or less.

    7. Restricted Articles

      The following articles are classified as hazardous and must not be carried in baggage: compressed gases, corrosives (such as acids and wet batteries), explosives (such as fireworks and munitions), flammables (such as matches and lighter fuels), poisons, magnetic, and radioactive materials as well as all other items restricted by government regulations.

      Certain articles are considered dangerous and are not permitted beyond the security screening checkpoint. These items include, but are not limited to, weapons, cutting instruments of any kind, ice picks, straight razors, metal scissors with pointed tips, metal nail files, corkscrews, baseball bats, golf clubs, pool cues, ski poles, and hockey sticks. Elite Airways assumes no liability for items lost, damaged, or confiscated as a result of security screening.

    8. Baggage Claim Limits and Procedures

      Total liability for provable direct or consequential damages resulting from the loss, delay, or damage to baggage in Elite Airways' custody is limited for travel wholly between U.S. points on a large aircraft (over 60 seats), to $3300 per customer; and $400 per customer for unchecked baggage in the custody/control of the carrier.

      Elite Airways assumes no liability for valuable/commercial items, including but not limited to: money, negotiable papers, securities, irreplaceable business documents, books, manuscripts, publications, photographic or electronic equipment, musical instruments, jewelry, silverware, precious metals, furs, antiques, artifacts, paintings and other works of art, lifesaving medication and samples. No action shall be maintained for any loss, damage or delay of checked baggage, unless notice is given in writing to the airlines involved within 48 hours from the time of arrival at the final destination and unless the action is commenced within 10 business days from the date of the incident.

      When Elite Airways has exercised the ordinary standard of care, it shall not be liable for delay in delivery of any perishables, or for damage to or damage caused by fragile items, liquids or perishables which are unsuitably packed and which are included in a customer's checked baggage, with or without Elite Airways' knowledge. Elite Airways may allow a customer to check fragile and/or perishable items that are unsuitably packed upon the execution of a Limited Liability Release Baggage Tag. Elite Airways assumes no liability for damage such as scratches, scuffs, dents, stains, cuts, and damage to wheels and retractable handles that result from normal wear and tear.

      When transportation is via Elite Airways and one or more airlines with different limitations of liability, the lowest maximum baggage liability limit will apply.

      When responsibility for loss, damage or delay cannot be determined in interline travel, Elite Airways will not be liable for the other airlines excluded items.

       

       

      1. Excess Valuation

        Baggage liability is limited to those amounts set forth in the above terms, unless an additional charge is paid. The excess valuation charges and maximum value allowed can be obtained from any Elite Airways ticket office. The additional protection (excess valuation) is not available for fragile or perishable articles which are not suitable packages to withstand ordinary handling.

      2. Responsibility

        Elite Airways assumes responsibility only for those claims arising from the transportation of baggage over its own routes. Elite Airways assumes no responsibility for property damage or loss resulting from customer security screening or incurred in customer waiting rooms or concourses or for property not checked into Elite Airways' custody. All claims are subject to proof of value and loss.

      3. Initial Notification

        Loss or damage to baggage must be reported to the local Elite Airways office within four hours of arrival. Pilferage must be reported within 24 hours of arrival.

      4. Delivery

        If Elite Airways fails to return checked baggage upon arrival at the destination, every effort will be made to return the checked baggage within 24 hours of the customer's arrival at the destination airport, except that baggage will not be delivered to a residence after midnight unless specifically requested, but instead will be delivered the following day.

  12. Miscellaneous Provisions

    Subject to the following provisions and the specific constraints of the aircraft involved, all terms of transportation in this booklet apply to all Elite Airways flights.

  13. Customer Complaints

    Elite Airways employees are empowered to address consumer issues appropriately and effectively at the time a concern arises at airports and through reservations.

    The Elite Airways Office of Customer Relations will respond to written complaints within 30 days from receipt of the complaint. The Office of Customer Relations may be contacted via e-mail, letter, fax, or telephone. Include flight information, travel dates, and ticket number(s).

    E-mail: Complaints may be sent via e-mail using the Contact Us page on eliteairways.com.

    Mailing Address:
    Elite Airways
    50 Portland Pier, Third Floor
    Portland, ME 04101

    Phone: (207) 842-6400
    Fax: (207) 221-1578

  14. For Great Lakes Airlines Flights Operated By Elite Airways

The following conditions apply only to Great Lakes Airlines code-share flights #ZK101 through #ZK120, operated by Elite Airways.

Change Fees

Great Lakes Airlines operated by Elite Airways charges a $100 penalty to change dates or flights on a non-refundable fare/ticket. In addition, there is also a $100 cancellation fee that will be deducted from the voucher amount for any voluntary refund requests on non-refundable fares/tickets.

Baggage Fees
Elite Airways may charge a fee for checked baggage according to the following rates:

Sporting Equipment: Bicycles and Scuba-Diving Equipment will be assessed a fee of $50 per single item.

Unaccompanied Minor Fees

On Great Lakes Airlines operated by Elite Airways flights, fees for unaccompanied minors will be assessed and payable as follows:

Claim Limits and Procedures

Unless otherwise pre-empted by Title 14, Code of Federal Regulations, Section 254.4, liability, if any, for the loss of, damage to, or the delay in delivery of any personal property, baggage (whether such baggage has been checked, carried on, or otherwise delivered into the custody of Great Lakes Airlines operated by Elite Airways) shall not be more than $750.00 USD per ticketed passenger. Great Lakes Airlines operated by Elite Airways will reimburse the passenger for the reasonable, documented direct property damages suffered by the passenger as a result of any loss, damage, or delay in delivery of any personal property or baggage carried on board a Great Lakes Airlines operated by Elite Airways flight or checked by a passenger into the custody of Great Lakes Airlines operated by Elite Airways, provided that the passenger has exercised reasonable effort to minimize the amount of damage. Actual value for reimbursement of any lost or damaged property shall be determined by presentation by the passenger of written documentation of the original purchase price of the property (e.g. invoice, sales receipt) less any applicable depreciation for prior usage.

Great Lakes Airlines operated by Elite Airways liability for baggage loss, damage, or delays is not to exceed $3500 per fare-paying passenger domestically when itinerary involves both Great Lakes Airlines operated by Elite Airways and code share partners or jointly ticketed with a carrier in which Great Lakes Airlines operated by Elite Airways has a ticketing and baggage agreement and that joint segment is operated with an aircraft with over 60 seats.

Liability for mobility aids and devices shall be limited to the original purchase price.


Denied Boarding Compensation

Great Lakes Airlines operated by Elite Airways will provide reasonable compensation to passengers for involuntary denied boarding in the form of a voucher, good for travel on Great Lakes Airlines operated by Elite Airways. The amount of compensation shall be dependent upon the length of time required to re-accommodate the passenger to the passenger's final destination, as follows: