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 who accepts these Booking Terms and Conditions (“Booking Terms” or “Agreement”) is entering into a binding legal agreement and represents that such person is at least eighteen (18) 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 they have the legal authority to bind the legal entity to this Agreement. If you agree to be bound by this Agreement, you must click on the “By completing this booking, I acknowledge and have read and accepted Manifest’s Terms and Conditions” checkbox to move forward with the registration process. If you do not agree to be bound by this Agreement you must not click the described selection. You will not be able to participate in an Experience or Special Event without agreeing the these Booking Terms.
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 if private aviation option is chosen by Participant. Carrier will hold a FAA Air Carrier Certificate and shall have full and exclusive operational control of the aircraft. Commercial air travel will not be subject to this disclosure and will be governed based on each individual commercial air carrier’s rules and regulations.
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, illegal 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 without any refund or other recourse owed to Participant.
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:
· any kind of verbal or physical abuse, including abuse of Manifest employees, representatives and other Participants;
· any form of discrimination;
· the use of profane language, gestures, insults or similar behavior;
· unwanted solicitation;
· loud or boisterous behavior; or
· creating strife, conflict or divisiveness within the Manifest community.
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
For each Experience, a 20% deposit is required at the time of booking. The remaining balance of total Experience price is due 60 days prior to Experience departure date.
If an Experience is booked 60 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:
1. Members are permitted to change or cancel Experiences or Special Events reservations at any time, subject to the following modification and cancellation policy. The following cancellation terms apply only to cancellations that are made by a Member and not by Manifest. For Experiences cancelled at least thirty-six (36) days prior to the first day of the Experience as described in the Experiences package description, a refund equal to one hundred percent (100%) of the cost of the Experience will be credited back to the original form of payment used for purchase. For Experiences cancelled between thirty-five (35) days and sixteen (16) days prior to the first day of the Experience, you can either receive a 100% credit to be used on a future Manifest Experience within one (1) year of your cancellation OR receive a full refund less an administrative fee of one-hundred and fifty dollars ($150) per confirmed person will be credited back to the original form of payment for purchase. For Experiences canceled fifteen (15) days or less prior to the first day of the Experience, no refund or credit will be given. If Member is travelling via commercial carriers, whether arranged by Manifest or the Member, the Member is bound by the refund and cancellation policies of the individual carrier with whom the Member holds reservations, which may be more strict than the terms in this Agreement.
No refunds will be provided for any unused portion of an Experience or Special Event once it begins, including if you leave the Experience or Special Event for any reason, miss the departure date/time, or have to be removed from an Experience or Special Event. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, your decision to not to participate because of governmental/travel warnings or advisories or your locale, including but not limited U.S. State Department or World Health Organization warnings, or any other circumstances beyond our control. For this reason, we strongly suggest that you secure comprehensive trip cancellation and interruption insurance in order to participate in an Experience or Special Event. We also highly recommend that you consider securing "cancel for any reason" travel insurance, which must be obtained soon after your first deposit is paid for your travels.
Our cancellation and refund policy takes into account the fact that we must advance to deposits to our suppliers for their services well in advance of trip departure dates and these advanced monies are often non-refundable. It also takes into account the time and expense we incur to organize and arrange your trip, which begin immediately at booking. If our suppliers’ payment and cancelation terms and policies are more strict than Manifest’s, the suppliers terms and policies will supersede Manifest’s and will be the responsibility of the Member.
a. Cancellations or Delay by Carrier or Third Party Providers. Manifest will arrange travel with Carriers or Third Party Providers who will attempt to transport Members and their baggage promptly and as scheduled. Schedules, however, are subject to change without notice and the schedules, Experiences and Special Events cannot be guaranteed by Manifest. If Manifest is made aware of these changes by a Carrier or Third Party Provider, Manifest will use reasonable efforts to promptly notify all affected Members, using the contact information provided by each Membership Agreement, of planned or unplanned schedule changes, change or cancellation of venues, and cancellations including, but not limited to, those due to weather. At times, without prior notice to Members’, a Carrier or Third Party Provider may need to substitute aircraft, flight reservations, lodging, transportation and/or activities, or change Carrier or Third Party Provider entirely, and may add or omit intermediate or connecting stops and other services. Manifest cannot guarantee that Members will make connections to other Carrier flights, or those of other air carriers. Manifest cannot guarantee that there will not be cancellations, changes or substitutions by Third Party Providers.
b. COVID-19: You understand that the World Health Organization has declared the novel coronavirus, also known as Covid-19 (“the novel coronavirus”), a pandemic. You understand that the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. You also understand that anyone could have the novel coronavirus but not show symptoms and that new strains may emerge that are more transmissible (e.g., omicron) or cause new or significant health problems. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. You understand that Manifest cannot guarantee that you will not become infected with the novel coronavirus during an Experience or Special Event even if precautions are taken, quarantined during the Experience or Special Event, denied services by third parties or entry by governments, or otherwise detrimentally impacted by Covid-19. Further, you understand that participating in the Program, an Experience, or Special Events may expose or infect you or any minor in your custody or care. You understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in your participation in the Program, Experience, or Special Event and you assume those risks.
c. Liability Waiver and Release, Assumption of Risk, and Force Majeure. Neither Manifest nor its directors, officers, shareholders, representatives, employees, successors or assigns assume responsibility for (or can be held responsible for), and you agree to release, relieve and hold harmless and covenant not to sue Manifest and its directors, officers, shareholders, representatives, agents, employees, successors or assigns from any claim, action, cause of action, injury, loss or damage arising from or related to the actions or omissions of any Third Party Providers organizing, arranging, or supplying transportation, lodging, means or other goods or services; missed or delayed departures, arrivals or connections; missed or delayed ground transportation or car rental expenses; lost or stolen property, including but not limited to personal items or baggage; damage to or delay of baggage or other property; costs or expenses arising out of injury, accident or death; quarantine; pandemic, epidemic, sickness, illness, viruses, bites and stings from insects and pests; disturbances; governmental restrictions or regulations; inconvenience; disappointment or loss of enjoyment; loss of pay or business opportunity; equipment breakdown; airport closure; air traffic control restrictions; governmental action; strike or lockouts; war; terrorism; weather; acts of God or the public enemy; Manifest’s negligent act(s) or failure to act; or any circumstances beyond Manifest's reasonable control that are not mentioned in this paragraph(all circumstances beyond Manifest’s reasonable control are referred to as “Force Majeure”).
Assumption of Risk. Carriers and Third Party Providers are neither agents nor employees of Manifest. Members agree that Manifest and its respective affiliated companies and subsidiaries, and all of their respective members, managers, officers, directors, employees, insurance companies, successors in interest, commercial and corporate sponsors, representatives, and assignees (the “Manifest Parties”) are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Carrier or Third Party Provider or for any personal injuries, death, property damage or the damages or expense resulting therefrom. Specifically, Member understands and agrees that the Manifest Parties are not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft, vehicle or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Member’s trip or providing any partner benefits or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. Manifest assumes no responsibility and all Members waive any claims against the Manifest Parties, relating to or in connection with any transportation or parking that may be offered in connection with Manifest’s Services. This includes any damage, loss or theft to a Member’s vehicle(s) and its/their contents while parked in any parking area or otherwise in the care of any Third Party Providers. Manifest does not own or operate any aircraft on which the flights are performed and does not carry aviation insurance. Furthermore, policies of insurance are provided and administered by the respective Carriers and Third Party Providers. It is the sole responsibility of a Carrier and Third Party Providers to maintain liability insurance coverage. Manifest assumes no liability for and makes no guarantees or warranties regarding Carrier or Third Party Providers or effectiveness of their services and Member acknowledges that such benefits or services may change or end during the Program Term.
“Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.
Manifest strongly recommends Member purchase travel insurance, including Cancel for Any Reason coverage, for the total value of an Experience or Special Event to help protect the Member from financial losses. Cancel for Any Reason Coverage must be obtained at the time of booking or within days of so it is critical that Members obtain this coverage at the time of booking and not delay.
d. Reservation Modification or Cancellation by Manifest for Reasons not Due to Force Majeure. In the event Manifest cancels any reservation, Experience, Special Event or any other Services for any reason other than a Force Majeure event, you will receive a full refund of any payments made directly to Manifest related to such reservation, Experience, Special Event or Services. Such refunds will be made via the method used to make the original payment. All rights and privileges of Member are subordinate to the claims or liens of any debt, deed of trust, deed to secure debts, mortgage, lease or similar instrument, or other encumbrances encumbering Manifest now or hereafter existing.
e. Reservation Modification for Cancellation by Manifest Due to Force Majeure. Our policy is different for Force Majeure situations so please read the following carefully. No refunds will be provided if we cancel, alter, modify, postpone, or reschedule any trip for any reason, whether before or during your trip due to Force Majeure. We may, in our discretion without any requirement that we do so, use reasonable endeavors to reimburse you of any payments that you have made reduced by any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your trip. Our administration costs in planning your trip are not refundable because of the work involved in planning, booking and management of the Experience or Special Event from the moment the Experience or Special Event is booked. This fee is 5% of the trip cost (“Administration Fee”), and one that we cannot recuperate, again because the time and materials already invested in the trip.
VII. TRANSPORTATION OF PETS AND SERVICE ANIMALS
Pets are not permitted on Experiences or at Special Events. In cases of an animal meeting the definition of a “service animal” under the Americans with Disabilities Act (“ADA”), and for which you notified Manifest at time of booking the Experience or Special Event, the animal is subject to approval by Manifest, Carrier and any Third Party Providers. Nothing in this section may be construed to imply that Carrier or Third Party Providers are subject to the requirements of the ADA in all cases or are otherwise required to permit any animals even if such animals meet the definition of a “service animal” under the ADA. Unauthorized transportation of pets and animals will result in cleaning and related fees that will be charged to Member’s credit/debit card on file with Manifest. Member shall be solely responsible for all repairs, cleaning and related fees that may be charged as a result of bringing a service animal. You acknowledge and agree that the imposition of such fees is allowable and authorize Manifest to charge such fees to Member’s credit/debit card or applicable payment method on file
VIII. BAGGAGE LIMITATIONS AND CONSENT TO SEARCH OF BAGGAGE AND PERSON
On private aircraft arranged by Manifest, 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. For commercial air travel, Participant must adhere to each individual airline’s baggage policy.
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. Baggage: 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
For private air travel arranged by Manifest, 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. If traveling by commercial airline, Participant must adhere to each individual airline’s check-in policy.
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 email@example.com. 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: January, 2022
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