ARTICLE 1: OPERATIONS AND SCHEDULES
1.01 GETTING TO SHELTAIR AVIATION. Tropic Ocean Airways is located at Sheltair Aviation. The FBO address is: 1100 Lee Wagner Blvd. Fort Lauderdale FL, 33315
1.02 CHARTER ELIGIBILITY REQUIREMENTS. Each party is responsible for its own compliance with all applicable laws and regulations. Charterer warrants that it is authorized under applicable laws and regulations to enter into this Agreement and to act as Charterer of the aircraft. Each charter flight Passenger shall be responsible for obtaining all necessary travel documents (passport, visa, tourist card, immunization certificate and any other documents as required) and for complying with the laws of each country from, through or to which he/she/them receives transportation.
1.03 AIRCRAFT SAFETY. Charterer understands and agrees that Tropic Ocean Airways shall have absolute discretion in all matters, including, without limitation, the preparation of the aircraft for the charter flight service and the charter flight service itself, the load carried and its distribution, the decision as to whether the charter flight service will be performed, what route will be flown, and all other matters relating to the operation of the Aircraft. Passenger specifically agrees that Tropic Ocean Airways shall have final and complete authority to cancel any charter flight service for any reason or condition that in its sole and absolute judgment could compromise the safety of a charter flight service and may take any other action that, in its opinion, is necessitated in consideration of safety. No such action of Tropic Ocean Airways shall create or support any liability for loss, injury, damage or delay to Passenger.
Tropic Ocean Airways shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by Tropic Ocean Airways or its affiliates, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of Tropic Ocean Airways could involve hazard or risk to himself, herself or others; (d) who exhibits violent, aggressive, or otherwise inappropriate behavior towards other passengers or charter flight crew; or (e) who fails to provide legally valid government issued identification.
1.04 PASSENGERS WITH DISABILITIES. Individuals with disabilities, as defined in section 382.3 of DOT’s rules, 14 CFR 382.3, shall be transported as provided in the regulations and related guidance materials of the DOT, the FAA, other cognizant government authorities, and Tropic Ocean Airways procedures developed in accordance therewith. Charterer agrees to provide Tropic Ocean Airways with at least 24 hours’ advance notice that a Passenger with a disability will travel on any charter flight to be operated under these Terms and Conditions, and to include information on special accommodations, if any, the Passenger will need, provided Charterer has been made aware of the disability and special needs by such Passenger or someone acting on his or her behalf. In the event Charterer first becomes aware of the disability and/or special needs less than 24 hours prior to the scheduled time of departure, Charterer will undertake to notify Tropic Ocean Airways as soon as possible.
1.05 UNUSED SPACE. In the event that any space available to Charterer shall be unutilized at the time of departure, Charterer consents to the use by Tropic Ocean Airways of such space without refund of reduction of the charter price.
ARTICLE 2: CHARTER PAYMENTS
2.01 CREDIT CARD PAYMENT: The Credit Card will be charged in advance of the completion of the chartered flight to confirm the Charterers specific date and time request. All Credit Card transactions require a signed authorization form. In the event Passenger’s payment method on file is declined for insufficient funds or otherwise, Passenger shall provide an alternative payment method immediately. If a booked charter is canceled and cancellation fees apply, Tropic Ocean Airways shall have the right to immediately charge the Credit Card in the amount of the applicable cancellation fees or withhold amount of cancellation fees from the wire payment. Passenger represents to Tropic Ocean Airways that he or she has full authority to utilize the Credit Card to reserve the booked charter and pay for the charter costs, flight expenses and any applicable cancellation or late fees and shall indemnify Tropic Ocean Airways from all claims related to unauthorized use of the Credit Card for the booked charter by Passenger.
2.02 WIRE PAYMENTS. If a Passenger elects to wire the payment of the charter flight costs and charter flight expenses for the booked charter, Tropic Ocean Airways must receive the funds at the time of booking. No flight request is confirmed until payments have been received. Should a Charterer pay with a Wire Payment and have any fees applied, Charterer will be sent an invoice for the outstanding owed payment and is held liable for such applicable charges.
2.03 CONFIRMED FLIGHTS. Tropic Ocean Airways shall have no obligation to confirm a booked charter until a non-refundable deposit payment of $500 has been paid.
2.04 FINAL PAYMENT. Final payment on charter flights are due 14 days prior to travel. Should the flight occur within 14 days of travel, full payment must be made at time of booking.
2.05 ADDITIONAL PAYMENTS. In the event the Charterer requests any significant changes to the flight booking such as a flight time change, departure or arrival location or additional cargo and/or passengers and Tropic Ocean Airways accommodates such requests, Charterer agrees to pay on demand any additional costs incurred or associated with such changes. Should additional cargo that has not been addressed prior to arrival cause a delay in the flight time, a Passenger Late Fee as provided in Section 4.03 be applied.
The charter cost in the charter invoice is based on fuel costs as of the booking date. Tropic Ocean Airways reserves the right to charge a fuel surcharge amount due to any increase(s) in cost of fuel between the booking confirmation and the departure date. Should a change in aircraft weight occur due to additional cargo, luggage or passengers result in a deviation of aircraft schedule, Tropic Ocean Airways reserves the right to charge a fuel surcharge amount due to any increase(s) in cost of fuel to accommodate the change in booking route. Charterer shall pay Tropic Ocean Airways on demand any such difference in the amount of the total increase in fuel cost for the applicable charter service.
Charterer agrees to indemnify and reimburse Tropic Ocean Airways for any and all incidental expenses, 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 Charterer or the additional Passengers. If Charterer incurs any incidental expenses or additional charges or such charges are reasonably attributed by Tropic Ocean Airways personnel to Passenger or their guests, Passenger agrees to reimburse Tropic Ocean Airways in the manner provided under the heading payment terms as provided in Section 2.0.
2.06 CHANGES. All sales are final. Changes are allowed up to 72 hours before arrival date, based upon availability.
ARTICLE 3. BAGGAGE
3.01. BAGGAGE ALLOWANCE. The baggage allowance applicable to each Passenger shall be as set forth on the face page of these Terms and Conditions, calculated on the basis of overall weight available for baggage, Passenger weight, and fuel required. Tropic Ocean Airways shall not be liable or responsible for refusal to accept any checked or carry-on baggage or other articles that cannot be accommodated within the total space and weight capacity available on the subject charter flight. Should Charterer bring excess baggage weight or cargo that exceeds the amount provided by Tropic Ocean Airways which results in a charter flight delay, a late fee will be applied as provided in section 4.03.
3.02 BAGGAGE REFUSAL. Tropic Ocean Airways will refuse to accept the following articles for transportation unless advance written arrangements have been made with and accepted by Tropic Ocean Airways: (a) firearms and ammunition; (b) live animals.
3.03 NONACCEPTANCE OF HAZARDOUS MATERIALS. Under no circumstances does Tropic Ocean Airways accept any Passenger bring aboard the aircraft, any article constituting or containing a hazardous material. For this purpose, “hazardous material” (also known as HAZMAT, Dangerous Goods and DG) is defined as any article or substance the transportation of which by air is prohibited, restricted or otherwise affected by any rule or regulation of the DOT, including the Pipeline and Hazardous Materials Safety Administration (PHMSA), the FAA or the International Civil Aviation Organization (ICAO).
Failure to notify Tropic Ocean Airways of any proposed transportation of hazardous materials may result in charter flight cancellation and subject Charterer to a 100% cancellation fee.
3.04 PROHIBITION ON SMOKING; LITHIUM BATTERIES. Smoking is prohibited at all times on Tropic Ocean Airways charter flights, including tobacco products and the use of electronic cigarettes. Lithium battery operated devices, including but not limited to electronic cigarettes, mobile phones, and laptop and tablet computers, may not be included in checked baggage but may be included in carry-on baggage or on one’s person. For more information on the ability to transport lithium batteries, please visit https://www.faa.gov/hazmat/packsafe/
ARTICLE 4. LIABILITY
4.01 DELAYS. Tropic Ocean Airways assumes no obligation to commence or complete transportation within a certain time, and Tropic Ocean Airways shall not be liable for failure to do so or for error in any statement of times of arrival or departure; provided, that Tropic Ocean Airways shall utilize its best efforts to cause an on-time departure to occur in each instance.
4.02 NO-SHOW CHARTER. If Charterer is one (1) hour late for a scheduled departure, or later and has not contacted Tropic Ocean Airways to notify of the delay, Charterer will be considered a no-show and will forfeit the charter flight and all monies paid.
4.03 LATE PASSENGER FEE. Should Tropic Ocean Airways be able to accommodate the charter flight due to the Passenger delay, a late fee of $500 per hour for each hour or fraction thereof the aircraft remains on standby awaiting Charterer’s arrival will be charged. Should Tropic Ocean Airways not be able to accommodate the charter flight due to the Passenger delay, Tropic Ocean Airways will make its best effort to reschedule the Charterers flight at a later date. Should no alternative options become available, the Charterer will forfeit all monies paid.
4.04 PASSENGER CHECK-IN. Tropic Ocean Airways shall not be responsible or liable for the transportation of Passengers who fail to report at the check-in point at the airport at least 45 minutes prior to the time scheduled for departure. If a Passenger fails to so report, Late Passenger Fees found in section 4.03 will be applicable.
4.05 FORCE MAJEURE. Tropic Ocean Airways is not held liable for the delay or failure to provide charter flight service when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, public health concern or positive diagnosis of a communicable virus including but not limited to COVID-19, blockade, revolution, civil commotion, fire, any weather-related event affecting safety of charter flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete control of Tropic Ocean Airways, as applicable, whether or not of the kind specifically listed above. In addition, Passenger understands and agrees that when, in the sole discretion of an Air Carrier or the pilots of an Aircraft, safety may be compromised, Tropic Ocean Airways or the Tropic Ocean Airways crew may cancel a charter flight, refuse to commence a charter flight, or take other necessary action without breaching its duties or obligations to Passenger or be liable for any loss, injury, damage, or delay.
ARTICLE 5. CANCELLATION
5.01 CANCELLATION CHARGES. In the event any charter flight under these Terms and Conditions are canceled by the Charterer outside of 14 days of departure, the charter flight cost will be refunded to the Charterer minus the $500 non-refundable deposit and any addition applicable credit card fees that have be incurred. In the event any charter flight under these Terms and Conditions are canceled by the Charterer within 7-14 days of departure, a credit will be issued on file for the Charterer to use within a 12-month period set by the date of the cancellation. In the event any charter flight under these Terms and Conditions are canceled by the Charterer within 7 days of departure, all monies paid for the base fare will be forfeited by the Charterer.
5.02 CANCELLATION CHARGES PAYABLE. Cancellation charges set forth in Article 5.01 shall be due and payable upon occurrence of the cancellation to which they relate.
ARTICLE 6. TRANSPORTATION OF PETS AND SERVICE ANIMALS
6.01 PET APPROVAL. Prior to any Passenger traveling with the transportation of service animals or pets, a written letter must be provided to Tropic Ocean Airways for acknowledgement and approval. Without this written notice provided and approval given from Tropic Ocean Airways, Passengers’ service animals or pets may be denied boarding on the departure day.
6.02 CLEANING FEES. A deposit hold of $250 is required for all Passengers traveling with Tropic Ocean Airways approved service animals or pets. Tropic Ocean Airways reserves the right to charge each Passenger a cleaning fee for transportation of service animals or pets if such fees are imposed on Tropic Ocean Airways due to additional maintenance caused by service animals or pets during the flight.
FOR SCHEDULED SERVICE GUESTS
As a reminder, each passenger is allowed 30 pounds of baggage on flights departing to and from North Bimini and 50 pounds on flights departing to and from Great Harbour and Cat Cay. Excess baggage will have a fee associated and carriage cannot be guaranteed; storage of excess baggage is not provided. Please see our baggage policy for more information.