Booking Terms and Conditions
NOTICE TO ALL PARTICIPANTS: THIS EXPERIENCE MAY INVOLVE TRAVEL INTO AND LODGING IN REMOTE AND/OR WILDERNESS AREAS IN WHICH WILDLIFE MAY BE PRESENT AND EMERGENCY MEDICAL ATTENTION AND/OR TRANSPORTATION MAY BE UNAVAILABLE. PARTICIPANTS WILL BE EXPECTED TO WALK OVER IRREGULAR SURFACES AND UNEVEN TERRAIN. IN PARTICIPATING IN THIS EXPERIENCE, EACH PARTICIPANT CERTIFIES THAT HE OR SHE IS AWARE OF THE INHERENT RISKS, IS RESPONSIBLE FOR HIS OR HER OWN SAFETY AND HE OR SHE HAS NO KNOWN MEDICAL DEFICIENCIES THAT WOULD ADVERSELY AFFECT PARTICIPANT’S ABILITY TO PARTICIPATE IN THIS EXPERIENCE.
The person entering into this Agreement represents that such person is at least twenty-one (21) years of age, is not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction, and will only use the Membership for legitimate purposes. If the person entering this Agreement is doing so on behalf of a legal entity, such person represents that he or she has the legal authority to bind the legal entity to this Agreement. If you agree to be bound by this Agreement, you should click on the “I agree to abide by the Manifest Membership Agreement” checkbox to move forward with the registration process. If you do not agree to be bound by this Agreement you should not click the described selection. You will not be able to join the Manifest Program as a Member without agreeing to this Manifest Membership Agreement.
This Booking Confirmation (“Confirmation”) sets forth the terms and conditions under which Beskapes, Inc. (d/b/a "Manifest"), whose principal place of business is located at 3001 Brighton Blvd., Suite 359; Denver, CO 80216, agrees to provide to each Member , Member Guest, and Participant (“Participant”) named above in the above-specified Experience ("Experience") air charter, ground transportation, lodging, meals and other goods or services incidental to said Experience. Incorporated by reference and made a part hereof is the Membership Agreement between Member and Manifest. In the event of any conflict between the terms of the Membership Agreement and this Confirmation, the terms and conditions of this Confirmation shall govern. This Confirmation shall also be subject to any terms and conditions of the contract(s) of carriage of any air or motor carrier engaged by Manifest in connection with this Experience.
Manifest, as an agent for Participant, is responsible for arranging charter air transportation, ground transportation, lodging, meals and other goods or services incidental to said Experience. Manifest shall be authorized, as Participant’s agent, to enter into a charter contract with one or more Federal Aviation Administration (“FAA’)-certificated air carriers (hereinafter “Carrier”) to enter into a charter contract with Carrier. Flights will be operated in accordance with US Federal Aviation Regulation Part 135 and Carrier shall have exclusive operational control of the aircraft at all times. PARTICIPANT ACKNOWLEDGES AND AGREES THAT MANIFEST IS ONLY ACTING AS AN AGENT OF PARTICIPANT FOR THE ARRANGEMENT OF THE CHARTER FLIGHT(S) DESCRIBED HEREIN. PARTICIPANT FURTHER ACKNLOWLEGES THAT MANIFEST IS ONLY ACTING AS AN AGENT OF PARTICIPANT FOR THE ARRANGEMENT OF GROUND TRANSPORTATION, LODGING, MEALS AND OTHER GOODS OR SERVICES INCIDENTAL TO SAID EXPERIENCE.
III. DISCLOSURES REQUIRED BY DEPARTMENT OF TRANSPORTATION REGULATION 295
A. Pursuant to 49 C.F.R Section 295.24, Manifest makes the following disclosures.
1. Manifest will update Participant with Carrier who will provide air transportation for the purchased and confirmed Experience. Carrier will hold a FAA Air Carrier Certificate and shall have full and exclusive operational control of the aircraft.
2. In contracting for the air transportation contemplated herein, Manifest is the agent of the Participant.
3. Other than contracting for air transportation, neither Manifest nor Carrier have any common ownership or other interest in each other. None of Manifest’s officers, directors, agents or employees are employed by Carrier and none of Carrier’s officers, directors, agents or employees are employed by Manifest. Neither Manifest nor Carrier are parties to any partnership or joint venture agreement with each other. The relationship between Manifest and Carrier is arm’s length and that of independent contractors. Although Manifest may have utilized Carrier in connection with the provision of air transportation services in prior Experiences and Manifest’s satisfaction with Carrier on prior occasions may have had some bearing on Manifest’s selection of Carrier.
4. Carrier will have liability insurance covering those risks normally covered by air carriers, including but not limited to death, bodily injury and property damage with limits. Manifest will update Participant with the amounts closer to departure date.
B. Other Disclosures by Manifest:
1. Manifest does not own or operate any aircraft on which the flights are performed, does not employ pilots or flight crews and does not carry aircraft liability insurance. Participant understands and agrees that Manifest shall not be liable for any injury, including but not limited to death, damage, loss, expense, including without limitation, any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, or any other irregularity caused by (1) the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the Participant, or carrying out the arrangements for Participant's trip, (2) accident, (3) delay, (4) flight schedule change or cancellation, (5) sickness, (6) weather (7) mechanical breakdown, (8) aircraft or equipment change or (9) force majeure.
2. The Charter Flight is arranged by Manifest for the use and benefit of its Members, operated by Carrier. Manifest and Carrier reserve the right to substitute air service when necessary at no additional cost and at comparable times and do not guarantee aircraft type or capacity. Manifest will make every diligent and reasonable effort to notify all Participants in the event of a schedule or aircraft type change and no refunds or compensation will be paid for changes in aircraft type or schedule or for substitution of service.
3. Incorporated by reference and made a part hereof is Carrier’s Contract of Carriage which governs Participant’s and Carrier’s respective rights and obligations to each other. Participant’s rights and obligations with respect to the Carrier under said Contract of Carriage may differ from Participant’s rights and obligations with respect to Manifest under this Booking Confirmation.
IV. PARTICIPANT RULES OF CONDUCT
All Participants shall adhere to the following rules of conduct in order to ensure a safe, friendly and respectful experience on Experiences arranged by Manifest. These rules are not intended to restrict the rights of anyone, but rather to enhance the Experience. All Participants, Manifest personnel, air and motor carrier personnel and all persons providing services in connection with the Experience will be treated with dignity and respect at all times. If any Participant engages in conduct that Manifest considers improper, offensive or likely to risk endangering the safety of other Participants or Manifest or other personnel, Manifest, at its sole discretion and election may reprimand Participant or deny Participant transportation or other participation in the Experience.
In addition, if the conduct of a Participant endangers the aircraft, any vehicle, any Participant or property, while on board; obstructs or hinders any personnel in the performance of their duties; fails to comply with any instruction of Manifest or its transportation contractors and personnel, (including, but not limited to, smoking in any form, (including electronic cigarettes, vaporizers or similar devices), the use of all smokeless tobacco products, drugs, unauthorized use of alcohol; conducts himself or herself in a manner that is offensive, threatening, abusive or insulting; or engages in behavior which causes discomfort, inconvenience, damage or injury to others, then Manifest or contractor personnel may take such measures as they may deem necessary to prevent continuation of such conduct, including but not limited to restraint, reprimand and termination or cessation of Participant’s participation in the Experience.
For an air transportation arranged by Manifest, the following rules of conduct will be strictly enforced.
1. In accordance with the FAA rules and regulations, Participants are prohibited from consuming any alcoholic beverages on board any flight that are not provided in the minibar located on the aircraft or served by a cabin server. Participants shall not bring alcohol on board of the aircraft for consumption during a flight..
2. Manifest has zero tolerance for transportation or use of narcotics and other controlled substances, including but not limited to drugs and drug paraphernalia, regardless of whether certain substances may be considered legal in any states.
3. The crew will deny boarding to any Participant who appears intoxicated. Any Participant who is denied boarding because he or she is intoxicated will not be entitled to a refund or alternative transportation.
4. Each Participant can transport not more than $10,000 USD (or foreign equivalent) cash on any flight. Participants in possession of more than $10,000 USD (or foreign equivalent) cash will be denied boarding.
5. Participants must be respectful of other Participants and of Manifest employees and aircraft operator personnel.
6. Manifest has zero tolerance for any type of harassment or offensive behavior, including, but not limited to:
7. Participants must observe proper etiquette on flights arranged by Manifest and at Manifest Special Events.
8. Participants must maintain appropriate hygiene on flights. If someone's hygiene is offensive to a reasonable Participant, then it would violate Manifest's rules of conduct.
9. While Manifest does not have a specific dress code on flights, Participants must wear appropriate attire. Shoes must be worn at all times. Sexually suggestive and other offensive clothing is prohibited.
10. Participants must not cause damage to any aircraft or vehicle or its amenities or the personal property of any Participant, Manifest employee or representative or contractor employee or representative.
11. Participants shall respect the privacy rights of other Participants, Manifest employees or representatives or contractor employees or representatives. No photos or videos may be taken of another Participant, Manifest employee or representative or contractor employee or representative or shared on social media without the prior consent of such Participant, Manifest employee or representative or contractor employee or representative.
12. Participants have no authority to instruct aircraft crew in their job performance and duties.
13. Participants must strictly adhere to all policies, procedures, rules and regulations of the aircraft operators.
In addition to Manifest’s right to strictly enforce these rules of conduct, Carrier shall have a right to deny boarding to any Participant who violates these rules, in which case, cancellation fees listed below may apply. Members shall be responsible for the conduct of their guests. Manifest shall not be responsible for alternative transportation if a Participant is denied boarding due to the violation of any of the rules above.
V. EXPERIENCE PAYMENTS AND PURCHASES
If an Experience is booked more than 90 prior to departure, a 20% deposit is required. Remaining balance of total Experience price is due 90 days prior to Experience departure date.
If an Experience is booked 90 days or less prior to departure date, then 100% of the purchase price is due at time of booking.
VI. CANCELLATIONS, CHANGES OF DATES AND REFUNDS
Please note that the following cancellation penalties will apply for all Experiences:
(i) 100% refund - Within 24 hours of booking
(ii) 100% refund - 180-121 days out
(iii) 50% refund - 120-90 days out
(iv) No refund - <90 days out unless Manifest is able to resell to another Member
Manifest will charge an administrative fee of $75 per person for any type of cancellation (other than cancellations caused by Manifest or its contractors).
Participant agrees that Manifest shall have a right to charge the Administrative fee to Participant’s credit card on file or invoice the Participant. In the event Participant's credit card is declined, Participant shall provide an alternative payment method immediately.
Manifest reserves the right to change or withdraw a Charter Flight at its discretion, subject to the provisions in this Agreement regarding major changes or cancellations. The refunds will be made within 14 days after such cancellation.
VII. TRANSPORTATION OF PETS AND SERVICE ANIMALS
We love pets, but they are not allowed on Experiences or on any flights arranged by Manifest. Only service animals with proper supporting documentation will be permitted, provided the Participant notifies Manifest at time of booking. Moreover, the carriage of any animal shall be subject to approval by the Carrier. Nothing in this section may be constructed to imply that Carrier is subject to the requirements of the Americans with Disabilities Act (“ADA”) or is otherwise required to permit any animals even to the extent such animals meet the definitions of a “service animal” under the ADA. Participant shall be responsible for all repairs, cleaning and related fees that may be charged as a result of this violation and may be further subject to penalty under Manifest’s and Carrier’s then-current policies.
VIII. BAGGAGE LIMITATIONS AND CONSENT TO SEARCH OF BAGGAGE AND PERSON
Participants are allowed to transport one small carry on size-suitcase of not more than thirty-five (35) pounds in weight, unless otherwise noted in specific communication from Manifest. Luggage will be stored in the aircraft luggage and cargo area. In addition, Participants are allowed to bring one small personal item, such as a briefcase or a purse, that can be safely stowed in the cabin area for take-off and landing. Carrier reserves the right to refuse baggage that does not comply. If baggage is overweight or oversized, Manifest may refer Participant to a third-party baggage shipping service for shipping to Participants destination. Participant shall be solely responsible for any third-party baggage shipping fees. Manifest shall not be liable for the loss of or damage to baggage transportation by any the third- party service.
Carrier will also refuse to accept the following articles for transportation: (a) firearms and ammunition (unless otherwise approved in advance by Manifest and the Carrier); (b) any flammable material or liquid in stowed baggage or otherwise; (c) live animals, except service animals as defined by the ADA; (d) fireworks or any pyrotechnic devices and (e) any article designated as hazardous material ("hazmat") or listed in the FAA Hazardous Material Guidelines (collectively, the "Prohibited Items"). In the event Participant enplanes the aircraft with a Prohibited Item, Carrier may be required to return an aircraft to the passenger loading area and remove the Prohibited Item and the Participant. In such an event, neither Manifest nor Carrier will be responsible for the transportation of the Prohibited Items, associated fines, denied boarding or additional costs or delays.
For Participant safety and the safety of the flight, Participants and all baggage, including the carry-on and personal items, will be subject to search. In addition, by purchasing this Experience, each Participant agrees to be responsible to verify personal documentation and provide the necessary information to conduct a criminal and other background checks prior to the flight. Participants failing to do this may be denied boarding.
A. Except as provided in Subparagraph IX.C below, neither Manifest nor the Carrier assume any liability for any items left by a Participant in the passenger compartment of the aircraft; for loss or damage to any items inadequately packaged/overstuffed; for loss of or damage to any baggage contents; or for any damage to luggage, including but not limited to superficial damage to luggage arising from normal wear and tear of ordinary handling, including scratches, scuffs, puncture, stains and marks.
B. Participant agrees to indemnify and reimburse Manifest for any and all costs and expenses incurred as a result of damage and excess wear and tear to the aircraft interior and/or exterior determined to be caused by Participant. If the Participant incurs any such charges, Participant's credit card on file with Manifest shall be charged upon completion of the flight.
C. Manifest and/or Carrier personnel may assist with the handling of baggage on behalf of Participants. Manifest’s and Carrier’s liability, if any, for any loss of or damage to baggage and its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability, is limited to the proven actual value of damage or loss, but in no event shall be greater than $200.00 per Participant. Manifest will be liable for personal property only for the period in which it is in the custody of Manifest. Manifest will assume no liability or responsibility for property carried onboard or checked on an aircraft. Manifest’s liability for loss, delay or damage to baggage/luggage is limited unless a higher value is declared in advance and additional charges are paid. Under no circumstances shall Manifest be liable to any Member for any type of special, incidental or consequential damages related to the damage, loss or delay of baggage or personal property.
D. Manifest will compensate the Member for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability as set forth above, provided that the damage was caused by Manifest or occurred while the baggage was in Manifest’s sole custody, and the Member exercised reasonable effort to minimize the amount of damage as determined in Manifest’ sole discretion. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will Manifest be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets, or wheels. While Manifest will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Manifest assumes no liability or responsibility for the loss of or damage to carry-on items.
E. If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Manifest's possession, Manifest’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.
X. CHECK-IN AND IDENTIFICATION
All Participants must arrive and check-in at least thirty (30) minutes prior to the scheduled departure time. Neither Manifest nor Carrier shall be responsible or liable for the transportation of Participants who fail to report to the designated boarding point at the airport at least thirty (30) minutes prior to the scheduled departure time. PARTICIPANTS MUST PRESENT ORIGINAL VALID GOVERNMENT-ISSUED PHOTO IDENTIFICATION TO CLEAR THE SECURITY CHECKPOINT AND BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH PARTICIPANT’S NAME AS IT APPEARS ON THE PASSENGER NAME LIST. FAILURE TO PROVIDE THIS TYPE OF IDENTIFICATION COULD LEAD TO DELAY IN BOARDING OR TO DENIAL OF BOARDING. Any Participant that exhibits disruptive behavior will not be allowed to board or will be removed from the aircraft.
XI. CANCELLATION OF CHARTER FLIGHT
In the event a Charter Flight needs to be cancelled, due to circumstances that would make it incapable of being performed safely or force majeure, Manifest will notify Participants as soon as possible, but not later than the scheduled departure date. Manifest will prompt refunds of all monies paid for charter air transportation when such transportation cannot be performed or when such refunds are otherwise due as required by 14 CFR 374.3 and 12 CFR part 226, within 7 days for credit card purchases, and within 20 days after receiving a complete refund request for cash and check purchases.
XII. OTHER INSURANCE
Manifest urges Participants to consider purchasing travel insurance, covering among other things, trip cancellation, emergency medical and evacuation and lost or delayed baggage coverage. Travel insurance is readily available on the commercial market. Upon request, Manifest will provide a listing of known vendors, but does not guaranty or warrant the availability, applicability or quality of such coverage.
XIV. AUTHORIZATION TO USE LIKENESS AND VOICE
Participant authorizes Manifest, its subsidiaries, licensees, successors and assigns, to use Participant’s (1) photograph or likeness, including but not limited to photographic, motion picture or electronic (video) images; and (2) voice, including sound and video recordings created while Participant is participating in the Experience. Participant hereby grants Manifest, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, Participant’s name, likeness of Participant in film, motion picture or electronic (video) form, sound and video recordings of Participant’s voice, and printed and electronic copy of the information described above in any and all media including, without limitation, cable and broadcast television and internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Participant further grants Manifest, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Manifest, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Participant hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Participant’s, its subsidiaries, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Participant also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer-generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied. Participant acknowledges that he or she has read the foregoing and fully understands and agrees to the contents thereof.
XV. GOVERNING LAW AND DISPUTE RESOLUTION
The rights and remedies made available under this Booking Confirmation are in addition to any of the rights and remedies available under Colorado law. The acceptance by 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 Manifest. By executing this Booking Confirmation, Participant specifically acknowledges and consents to all conditions set forth herein. This Booking Confirmation, together with the Membership Agreement and the Contract of Carriage between Participant and the Carrier, contain the entire agreement between the parties and completely supersede any prior agreements or representations of Manifest, verbal or in 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. Colorado law shall govern this Agreement. Any claim against Manifest must be presented in writing within twenty-one (21) days after the occurrence of the event giving rise to the claim, and Manifest shall have no obligations or liabilities for any claims presented after such twenty-one (21) day period.
Notwithstanding the foregoing, any claim or dispute between the parties and/or against any agent, employee, successor, or assign of the other, whether related to this Agreement, any of the Terms and Conditions, or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration under rules and guidelines prescribed by the American Arbitration Association. The place of arbitration shall be Denver County, Colorado. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except: (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Participant and Manifest alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this "class action waiver and other restrictions" provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.
All communication should be sent to Manifest, ATTN: MEMBERCARE, at the address shown in Paragraph 1 above, or by email to firstname.lastname@example.org. Notices to Manifest are effective upon actual receipt by Manifest.
XVIII. ELECTRONIC SIGNATURE
By purchasing a trip or confirming an invoice or trip itinerary through the Manifest mobile application, the Manifest software, and Manifest's website and selecting the "Agree" button, the Participant electronically accepts and agrees to this Confirmation. Participant agrees that his/her/their electronic signature is the legal equivalent of their manual signature and that he/she/they will be legally bound to the terms and conditions specified herein.
Revised: April, 2020
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