Contract of Carriage

 

Rule 1: General Provisions

 

A.     Transportation of passengers and baggage provided by Air Excursions LLC and Kalinin Aviation LLC, including flights marketed as Alaska Seaplanes, Dash Air, or Dash Airways, (collectively, the “Carrier”) are subject to these rules, which constitute the conditions of carriage (“Contract of Carriage”) expressly agreed to by the passenger.

 

B.      This Contract of Carriage is subject to applicable laws, regulations, rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between this Contract of Carriage and such government laws, regulations, rules, security directives, the latter shall prevail.

 

C.      The Carrier may amend this Contract of Carriage at any time. Transportation is subject to the Contract of Carriage and charges in effect on the date on which the passenger’s ticket is issued.

 

D.     No Carrier employee or ticketing agent has the authority to change, alter, modify, or waive any fare rules or any provision of this Contract of Carriage unless authorized in writing by a corporate officer of the Carrier.

 

E.      Whether a ticket for transportation on the Carrier was sold by the Carrier or its authorized agents (including other carriers acting on behalf of Alaska Seaplanes the Carrier), this Contract of Carriage is applicable to transportation on the Carrier.

 

F.      When the Carrier issues a ticket, checks baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis, the Carrier acts only as agent for that other carrier, and travel on that carrier is subject to its separate conditions of carriage and not this Contract of Carriage.

 

G.     Failure or delay on the part of the Carrier or its appointed agents, contractors or representatives to exercise any right or power in this Contract of Carriage shall not operate as a waiver of that right or power. This rule supersedes any conflicting provision contained elsewhere in this Contract of Carriage.

 

H.     The invalidity of any provision herein by local law shall not affect the validity of any other provision, which shall remain in full force and effect.

 

I.        Unless specifically stated otherwise herein or where any limitation would expressly violate any applicable law, the Carrier shall not be liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under this Contract of Carriage.

 

J.        Where the Carrier makes arrangements for a passenger with a third party to provide any services other than transport by air such as hotel reservations or car rental, the Carrier is acting only as passenger’s agent in doing so and the terms and conditions of the third party service provider, and not this Contact of Carriage, will apply.

 

K.     Any case brought pursuant to this Contract of Carriage and/or use of or dealings with the Carrier websites must be brought in a party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

 

Rule 23: Schedules

 

A.     The Carrier’s published schedules, flight times, aircraft types, seat assignments, and similar details reflected in a passenger’s ticket are not guaranteed and form no part of this Contract of Carriage. The Carrier may substitute alternate carriers or aircraft, change its schedules, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket as required by its operations in the Carrier’s sole discretion. The Carrier will not be liable under any circumstances for any special, incidental or consequential damages arising from the foregoing.

 

B.      The Carrier’s sole liability in the event of such changes is set forth in Rule 123 regarding refunds.

 

Rule 34: Ticketing and Reservations

 

A.     All passengers must present a valid ticket for transportation. Such ticket entitles the passenger to transportation only between the points of origin and destination on the ticketed routing. Tickets are valid for travel only when used in accordance with this Contract of Carriage and all applicable Carrier policies.

 

B.      Tickets are non-transferable. The purchaser of the ticket and the passenger are responsible for ensuring that the ticket accurately states the passenger's name.

 

C.      All reservations must be paid in full at time of booking. Any unpaid reservations will be waitlisted on the flight until payment has been confirmed.

 

D.     A ticket is valid for one year from the date of issuance and all travel must be completed during that time.

 

E.      One infant under two (2) years of age, not occupying a seat, may be carried as a lap infant free of charge with each full fare adult passenger.

 

F.      Carrier will transport unaccompanied children ages five (5) through twelve (12) as long as they have a responsible adult designated at the destination prior to flight’s departure.   

 

Rule 45: Cancellation of Reservation

 

A.     The Carrier may cancel a passenger’s reservation in the following circumstances:

 

1.       When necessary to comply with any governmental regulation or a governmental request for emergency transportation in connection with the national defense, in which case the provisions of Rule 110(H) shall apply; 

 

2.       If a passenger fails to appear for any flight segment on his or her itinerary and does not give the Carrier 24 hours’ advance notice the passenger will be charged a $75 no show fee, any remaining onward or return reservation flight segments will be canceled, and the remaining ticket value, if any, will be non-refundable (but may be applied towards future travel for one year from the date of purchase).

 

3.       When a passenger does not comply with applicable check-in or boarding procedures or deadlines ;

 

4.       When a passenger fails to comply with the rules in this Contract of Carriage ; or

 

5.       When a passenger engages in a practice involving duplicate, impossible/illogical, fraudulent, fictitious or abusive bookings and/or reservations, or makes bookings and/or reservations with no intention of using them.

 

B.      A passenger may cancel his or her reservation on the Carrier at least 24 hours prior to departure time to avoid a $50 change fee. The ticket value less any applicable fees is valid for one (1) year from the original date of purchase.  

 

C.      Payments and/or changes to reservations may be made at the Carrier’s office, online or by phone.

 

Rule 65: Check-In Information:

 

A.     Passenger check-in is one hour prior to departure. Boarding will begin 20 minutes before scheduled departure. Failure to check-in on time may result in: (a) the cancellation of reserved seat(s); and (b) a $75 no show or $50 change fee.  

 

B.      To maintain an on-time operation and as courtesy to other passengers, the Carrier will not hold its aircraft for late-arriving passengers.

 

C.      The Federal Aviation Administration requires the Carrier to record the actual weight of each passenger onboard our aircraft. All passengers must provide the Carrier’s Customer Service Agents with their accurate weights at the time of check-in.  Persons of large stature may require special accommodations and should notify the Carrier in advance.

 

D.     Customers in need of special arrangements or assistance on the Carrier can contact the local Alaska Seaplanes Station Manager or email info@flyalaskaseaplanes.com.   

 

 

Rule 76: Baggage

 

A.     The acceptance and carriage of checked baggage is subject to this rule. the Carrier baggage policies and fees are available at https://www.flyalaskaseaplanes.com/flight-info/baggage/

and  and are incorporated by reference as if set forth in this Contract of Carriage. These policies restrict the quantity, size and weight of baggage, and govern the carriage of hazardous and dangerous goods, and special items (including but not limited to sporting equipment, medical equipment, musical instruments, and fragile and perishable items).

 

B.      The Carrier is not liable for any loss, damage to, or delay in the delivery of passenger baggage or other personal property unless notice of a claim is presented to the Carrier’s office within 24 hours after the alleged occurrence of the events causing the claim, and unless the action is commenced within one year of such alleged occurrence. Any notification received within 24 hours that informs the Carrier of the nature of the claim will suffice, and the Carrier may deny any claim for which notice is not presented within 24 hours of the alleged occurrence.

 

C.      Where applicable, the Carrier’s liability for loss, damage, or delay of delivery of passenger baggage or other personal property shall be limited to proven damage or loss. Except where prohibited by applicable law, actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less any applicable depreciation for prior usage. Under no circumstances shall the liability for loss, damage, or delay in the delivery of baggage exceed $3,800 per fare-paying passenger or such greater amount as may currently be set forth at 14 C.F.R. part 254.  The Carrier is not liable for preexisting damage (including minor cuts, scratches, and broken zippers as a result of over packing) or for wear and tear resulting from ordinary handling of baggage.

 

Rule 78: Carriage of Persons With Disabilities

 

A.     The Carrier will make every effort to accommodate a person with a disability and will not refuse to transport a person solely based on the person’s disability, except as permitted or required by law.

 

B.      The Carrier may require that a safety assistant accompany a person with a disability as a condition of providing transportation if the Carrier determines that such an assistant is essential for safety, such as in, but not limited to, the following circumstances:

 

1.       A passenger is unable to comprehend or respond appropriately to safety related instructions due to a mental disability;

 

2.       A passenger is unable to physically assist in the passenger’s own evacuation from the aircraft due to a severe mobility impairment; or

 

3.       A passenger is unable to establish a means of communication with Carrier personnel sufficient to receive the safety briefing due to having both severe hearing and vision impairments.

 

C.      The Carrier will not require a medical clearance for a person with a disability as a condition of travel, except as permitted by law. The Carrier may require a medical certificate when, in good faith and using its reasonable discretion, the Carrier determines there is reasonable doubt that a passenger can complete the flight safely without requiring extraordinary medical assistance.

 

D.     In addition to the regular baggage allowance, the Carrier will accept mobility aids and other assistive devices (e.g., wheelchairs, canes, crutches and walkers) for carriage in the passenger cabin  if they can be stowed in accordance with governmental safety and security requirements.  Mobility aids and assistive devices that cannot be so stowed will be accepted without charge as priority checked baggage if baggage compartment size and airworthiness considerations do not prohibit the Carrier from doing so. The assembly and disassembly of mobility aids and other assistive devices will be provided by the Carrier upon request, without charge, provided you furnish us with appropriate written instructions. Mobility aids and other assistive devices carried as checked baggage will be the last items to be stowed in the aircraft hold and the first items to be removed, and will not be counted against a passenger’s baggage allowance.

 

E.      The Carrier will accept for carriage in the passenger cabin, without charge, a service animal required to assist a person with a disability (if such carriage is in accordance with governmental safety and security requirements). Service animals are defined as only dogs, regardless of breed, specifically trained to assist a person with a disability. To the extent possible, the Carrier will assign a seat to the person that provides sufficient space for the person and the service animal. The Carrier will permit the service animal to accompany the person onboard the aircraft and to remain on the floor at the person’s seat. The service animal will not be permitted to occupy a passenger seat. To the extent required by law, or, in the Carrier’s sole discretion, to the extent permitted under 14 C.F.R. part 382, the Carrier reserves the right to deny transportation to any service animal....

 

F.      To the extent permitted by law, the Carrier may require advance notice for certain special services desired by a person with a disability. Services applicable under this rule include but are not limited to:

 

1.       transportation of an electric wheelchair[A9] ;

 

2.       provision of hazardous materials packaging for batteries or other assistive devices that are required to have such packaging;

 

3.       transportation of a service animal in the cabin (unless the ticket is purchased less than 48 hours prior to departure); or

 

4.       accommodation of a passenger with both severe vision and hearing impairments.

 

Such requests should be made by the passenger at the time of reservation and as far in advance as possible. If a passenger requests a special service at least 48 hours prior to departure, the Carrier will, to the extent possible, provide the service. If a passenger requests a service less than 48 hours prior to departure, the Carrier will make a reasonable effort to provide the service.

 

Rule 98: Hazardous Materials

 

Some everyday products, like aerosol spray starch, can be dangerous when transported on the aircraft in carry-on and/or checked baggage. Changes in temperature or pressure can cause some items to leak, generate toxic fumes or start a fire. Carriage of prohibited items may result in fines or in certain cases imprisonment. Please ensure there are no forbidden hazardous materials in your baggage such as: some lithium batteries (e.g. spares in checked baggage, batteries over a certain size); explosives or fireworks; strike anywhere matches or Lighter fluid; compressed gases or aerosols; oxygen bottles or liquid oxygen; flammable liquids; pesticides or poison; and corrosive material. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage, spare lithium batteries in carry-on baggage and certain smoking materials carried on your person. Certain items are required to be carried with you onboard the aircraft. Spare lithium batteries and cigarette lighters must be removed from checked or gate-checked baggage and carried onboard the aircraft. 

 

Rule 910: Freight

 

A.     The Carrier will accept freight for drop off/pick up at its designated Outstation locations and at 1871 Shell Simmons Drive in Juneau (adjacent to North Terminal) during posted business hours. For more information, please visit https://www.flyalaskaseaplanes.com/cargo/      

 

B.      Only the Carrier’s Juneau location provides freezer and cooler storage for perishable items.  Storage fees may apply.  Stored items can be picked up during regular business hours.

 

C.      The Carrier is not liable for any loss, damage, deterioration or spoilage resulting from delay in delivery of any perishable items, whether or not suitably packed. All such items are transported at the shippers’ risk.

 

D.     No shipments will be accepted in open boxes or plastic bags.  Shipping boxes are available for a small fee.

 

E.      Unclaimed freight at the Carrier will be charged a storage fee if not claimed up within seven (7) calendar days from the date of arrival.

 

F.      The Carrier offers GOLDRUSH Priority Freight, which is available for an extra fee for time sensitive items.

 

Rule 101: Refusal to Transport

 

The Carrier may refuse to transport any passenger, and may remove any passenger from its aircraft at any time, for any of the following reasons, subject to the requirements of 14 C.F.R. part 382:

 

A.     Government Request or Force Majeure: whenever necessary to comply with any law, regulation or government directive or request; or when advisable in the Carrier’s sole discretion due to weather or other conditions beyond the Carrier’s control including Acts of God, strikes, civil unrest, meteorological events, such as storms, rain, wind, fire, fog, flooding, earthquake, haze, or volcanic eruption, government action, disturbances or potentially volatile conditions, mechanical difficulties by entities other than the Carrier, the inability to obtain fuel, airport gates, labor, or landing facilities for the flight in question, embargoes, war, pandemic, and other similar matters of force majeure, whether actual, threatened, or reported.

 

B.      Safety: whenever necessary for reasons of safety.

 

C.      Search of Passenger or Property: when a passenger refuses to permit search of the passenger’s person or property by the Carrier, its agents or a government agency for explosives, weapons, dangerous materials, or other prohibited items.

 

D.     Proof of Identity: when a passenger refuses to produce positive identification on request;

 

E.      Failure to Comply with the Carrier Contract of Carriage: when a passenger fails or refuses to comply with any provision of the Carrier Contract of Carriage.

 

F.      Failure to Pay: whenever a passenger has not paid the full fare for a ticket, baggage, or applicable service charges for services required for travel.

 

G.     Passenger’s Conduct or Condition : The Carrier may refuse to transport any passenger, or may remove any passenger from its aircraft, when refusal to transport or removal of the passenger is reasonably necessary in the Carrier sole discretion for the passenger’s comfort or safety, for the comfort or safety of other passengers or the Carrier’s employees, or for the prevention of damage to the property of the Carrier or its passengers or employees, including but not limited to:

 

1.       When the passenger does not comply with the Carrier’s policies;

 

2.       When the passenger’s conduct is or has been known to be disorderly, abusive, threatening, intimidating, belligerent, or violent and/or irrational so as to be hazardous or potentially hazardous to him or herself, other passengers, the Carrier’s employees or agents (including but not limited to verbal harassment related to race, color, gender, religion, national origin, disability, age, ethnicity or sexual orientation). Federal law, including but not limited to 49 U.S.C. Section 46503, protects Federal, airport, and air carrier employees who have security duties within an airport. Assault on such employees or interference with the performance of their duties is strictly prohibited.

 

3.       When the passenger appears to be intoxicated or under the influence of drugs;

 

4.       When the passenger is barefoot;

 

5.       When the passenger wears and or displays, or refuses to cover or stow, clothing or other items deemed to be lewd, profane obscene, or patently offensive;

 

6.       When the passenger interferes or attempts to interfere with the flight crew’s activities, or fails to obey the instruction of any member of the flight crew;

 

7.       When the passenger engages in verbal or physical confrontations with crew or other passengers;

 

8.       When the passenger engages in or threatens sexual abuse or harassment or engages in lewd, obscene, or patently offensive behavior;

 

9.       When the passenger has a contagious disease that may be transmissible to other passengers during the normal course of the flight;

 

10.   When the passenger is unwilling or unable to abide by rules prohibiting smoking onboard the aircraft as required under 49 U.S.C. 41706;

 

11.   When the passenger is unable to sit in a seat with the seatbelt fastened or comply with other requirements under federal law;

 

12.   When the passenger’s behavior may be hazardous or creates a risk of harm to himself/herself, the crew, or other passengers or to an aircraft and/or property, or the property of other passengers;

 

13.   When the passenger’s animals threaten the safety or health of other passengers or crew members or cause or have the potential to cause delays or damage to aircraft;

 

14.   When the passenger is seriously ill, unless the passenger provides a physician's letter establishing, to the reasonable satisfaction of the Carrier, the passenger’s fitness to fly; or

 

15.   When the passenger’s conduct, attire, hygiene or odor creates an unreasonable risk of offense or annoyance to other passengers, provided it is not the result of a disability.

 

16.   When the passenger makes threats against the safety of the crew, passengers, and aircraft.

 

H.     Recourse of Passenger: The sole recourse of any passenger refused carriage or removed for any reason specified in this Rule 101 shall be recovery of the refund value of the unused portion of his or her ticket. 

 

 

Rule 112: Flight Delays

 

1.       Due to varied routings, changing weather conditions, and extenuating circumstances, there are occasional delays and/or cancelled flights. Arrival and departure times are often accurate, but cannot be guaranteed.

 

2.       All flights are conducted weather permitting. Flights cancelled due to weather will require you to reschedule with an agent for the next available flight.

 

3.       Other expenses incurred due to weather, including penalties by other airlines, are the full responsibility of the passenger. Alternate methods of transportation may be suggested by our ticket agents; however the Carrier is not responsible for providing other means of transportation.

  

Rule 132: Refunds

 

1.       Time limitation for refund requests, where permitted under the applicable fare rules or this Contract of Carriage, is (1) one year from the date of original purchase.

 

2.       Refunds will be credited to the original purchaser and made in the original form of payment.

 

3.       Refunds can be requested at any Carrier office or from by any of the options below. 

 

4.       If your booking was cancelled on our website please contact us to request a refund.

 

Email:

 

ar@flyalaskaseaplanes.com for Carrier flights. 

 

Fax: 888-546-5139 Attn: Accts Rec

 

Mail:                                

Alaska Seaplanes

Attn: Refunds

8907 Yandukin Drive

Juneau, AK 99801