Contract of Carriage

Surf Airlines Inc.

Travel with Surf Airlines Inc. (“Surf Air”) is subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket or ticket-less travel authorization, specified on Surf Air’s website, or published in Surf Air’s schedules (collectively, the “Agreement”). By accepting transportation from Surf Air, Surf Air passengers agree to be bound thereby.

1. Background Checks

Surf Air reserves the right to require the completion of, and may at any time perform, a background check before providing transportation to its passengers. You may be required to provide personal information such as a social security number in connection with the background check. Surf Air will protect the confidentiality of your personal information as required by law and industry standards. Background checks will be performed by a third party and in accordance with such third party’s policies and procedures. Your acceptance of this agreement and delivery of your personal information shall constitute your consent to Surf Air performing a background check. Surf Air reserves the right to refuse service, at its sole discretion, to any passenger that does not comply with the request for a background check and/or based on the results of such background check.

2. Electronic Surveillance of Passengers and Baggage

Passengers and their baggage may be subject to inspection by Surf Air personnel or employees of the Transportation Security Agency (the “TSA”). Inspections may be conducted by hand or using electronic devices, with or without the passengers’ consent or knowledge. Passengers failing to consent to searches requested by Surf Air or the TSA will be denied boarding.

3. Refusal to Transport

Surf Air will refuse to transport, or will remove from an aircraft at any point, a passenger and/or their baggage in the following circumstances:

Safety and Government Request or Regulation – Refusal to transport or removal from an aircraft is necessary for reasons of aviation safety or to comply with any Federal Aviation Regulation or other applicable government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond Surf Air’s control (including, without limitation, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, or disturbances, whether actual, threatened, or reported).

Search of Person or Property – The passenger refuses to permit the search of his or her person or property.

Proof of Identity – The passenger refuses or fails upon request to produce valid, positive government-issued photo identification.

Special Medical Requirements – The passenger requires any of the following medical equipment or services, which either are not authorized or cannot be accommodated on Surf Air aircraft: medical oxygen for use onboard the aircraft; an incubator; a respirator, ventilator, continuous positive airway pressure machine or portable oxygen concentrator; or travel on a stretcher.

Comfort and Safety – The passenger falls within any of the following criteria, as may be necessary for the comfort or safety of such passenger or other passengers:

Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent; Persons whose conduct is, or exhibits indications of becoming, inimical to flight safety; Persons who are barefoot and over five years of age, unless necessitated by a disability; Persons who are unable to occupy a seat with the seat belt fastened, or persons whose body weight exceeds load limits specified by the aircraft manufacturer; Persons who appear to be intoxicated or under the influence of drugs; Persons who are suspected of having a contagious disease which poses a direct threat to the health and safety of other passengers and crew; Persons who refuse to comply with instructions given by Surf Air employees or representatives prohibiting the solicitation of items for sale or purchase; Persons who have an offensive odor, unless that odor is caused by a qualifying disability; Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons, provided, however, that Surf Air will carry law enforcement officers meeting the requirements of 49 CFR § 1544.219(a)(1)-(3); Manacled persons in the custody of law enforcement personnel; Persons brought into the airport in manacles; Persons who have resisted escorts or escorted persons who express to Surf Air employees an objection to being transported on the flight; Persons who have misrepresented a condition which becomes evident upon arrival at the airport, and the condition renders the passenger unacceptable for carriage; Infants fourteen (14) days of age or younger, unless approved for carriage in writing by an attending physician; Persons who are unwilling or unable to abide with Surf Air non-smoking rules; Or a person who is pregnant and expecting delivery within ten (10) days unless the person provides a doctor’s certificate, dated within 72 hours of departure, stating that the doctor has examined and found the person to be physically fit for air transportation.

Surf Air aircraft are of the size and configuration that makes it difficult and potentially hazardous for non-ambulatory passengers to be transported. Passengers should be ambulatory enough to safely climb the air-stairs and traverse the aisle to their seat without causing injury to themselves or others. Surf Air will, however, make every effort to accommodate every passenger possible.

4. Reservations

No person shall be entitled to transportation except with a valid reservation in Surf Air’s booking system. No reservation shall be considered confirmed until payment of all applicable fees has been received in full. Such reservation shall entitle the passenger to transportation only between the points of origin and destination of the reservation. Passengers should arrive at least 30 minutes prior to their reserved flight’s departure time and must be on board the aircraft and seated 10 minutes prior to departure time.

5. Ground Transportation

Surf Air does not assume responsibility for the ground transportation of any passenger or his or her baggage between any airport used by Surf Air and any other location. Ground transportation is at the passenger’s expense. Surf Air may, at its sole discretion, offer ground transportation options in certain locations or in conjunction with certain bundled, packaged or charter services. Taxi, rental, van or limousine services may be provided by third party vendors. Surf Air assumes no responsibility and you hereby waive any claims against Surf Air relating to or in connection with any ground transportation that may be offered to you in connection with Surf Air’s services.

6. Carriage of Children

Children under the age of 16 may only travel with Surf Air on a confirmed reservation as the guest of a member aged 18 or older. Surf Air will not provide transportation services to any infant 14 days of age or younger, unless an attending physician approves such infant for air travel in writing. Children under two years of age on the date of travel must be secured in a seat using an FAA-approved child restraint device. Surf Air will not accept for carriage any unaccompanied children under the age of 16.

7. Acceptance of Baggage - General

Inspection - All baggage tendered to Surf Air for transportation may be subject to inspection by Surf Air or the TSA for security and safety reasons. Passengers and their baggage are subject to inspection with or without the passenger’s knowledge.

Acceptance - Surf Air will accept as baggage such personal property as is necessary or appropriate for the wear, use, comfort, or convenience of the passenger, as the personal property of the passenger and not intended for sale to other persons, subject to the following conditions: Surf Air will refuse to accept baggage for transportation on any flight other than the flight on which the passenger is transported; Surf Air will refuse to accept any baggage for transportation if it or its contents cannot withstand ordinary handling, or if its weight, size, or character renders it unsuitable for transportation on the particular aircraft on which it is to be carried, unless the passenger releases Surf Air from liability; Each piece of baggage tendered to Surf Air for carriage must have affixed thereto a current identification tag or label with the passenger’s name, address, and telephone number (if available); Surf Air will refuse to accept baggage that, because of its nature, contents, or characteristics (such as sharp objects, paint, corrosives, or other prohibited hazardous materials), might present a security risk or cause injury to passengers or Surf Air employees, damage to aircraft or other equipment, or damage to other baggage; and Surf Air will not accept baggage that cannot safely be carried in the baggage compartment of the aircraft.

Firearms may not be carried or checked as baggage, except as permitted for law enforcement personnel in Section 3 above.

Personal items, such as a small purse, a small tablet computer, reading material, food or beverage for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried in the passenger cabin of the aircraft. Surf Air will refuse to transport any such personal items that may be harmful or dangerous to a passenger, the flight crew, or the aircraft. Personal items may not be placed on the floor during taxi, takeoff, or landing.

Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks and large purses cannot be accommodated in the passenger cabin.

Permissible checked baggage is limited to one piece of baggage, weighing no more than 35 pounds, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding 44 inches. Surf Air is unable to accept odd-sized baggage such as skis, surfboards, or fishing rods.

Surf Air will accept baggage for checking from a passenger when tendered to Surf Air immediately prior to boarding the aircraft, or at an earlier time on the day of commencement of travel as may be authorized by Surf Air employees at the departure airport. Surf Air will not check baggage tendered to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than a flight on which the passenger is scheduled to travel. Surf Air will not check and hold baggage for a flight to be operated on a later date.

The liability, if any, of Surf Air for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see below), is limited to the proven actual value of damage or loss, but in no event shall be greater than Two Hundred Dollars ($200.00) per passenger.

Firearms may not be carried or checked as baggage, except as permitted for law enforcement personnel in Section 3 above.

8. Carry-on Items

Firearms may not be carried or checked as baggage, except as permitted for law enforcement personnel in Section 3 above.

Personal items, such as a small purse, a small tablet computer, reading material, food or beverage for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried in the passenger cabin of the aircraft. Surf Air will refuse to transport any such personal items that may be harmful or dangerous to a passenger, the flight crew, or the aircraft. Personal items may not be placed on the floor during taxi, takeoff, or landing.

Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks and large purses cannot be accommodated in the passenger cabin.

Permissible checked baggage is limited to one piece of baggage, weighing no more than 35 pounds, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding 44 inches. Surf Air is unable to accept odd-sized baggage such as skis, surfboards, or fishing rods.

Surf Air will accept baggage for checking from a passenger when tendered to Surf Air immediately prior to boarding the aircraft, or at an earlier time on the day of commencement of travel as may be authorized by Surf Air employees at the departure airport. Surf Air will not check baggage tendered to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than a flight on which the passenger is scheduled to travel. Surf Air will not check and hold baggage for a flight to be operated on a later date.

The liability, if any, of Surf Air for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see below), is limited to the proven actual value of damage or loss, but in no event shall be greater than Two Hundred Dollars ($200.00) per passenger. Personal items, such as a small purse, a small tablet computer, reading material, food or beverage for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried in the passenger cabin of the aircraft. Surf Air will refuse to transport any such personal items that may be harmful or dangerous to a passenger, the flight crew, or the aircraft. Personal items may not be placed on the floor during taxi, takeoff, or landing.

Firearms may not be carried or checked as baggage, except as permitted for law enforcement personnel in Section 3 above.

Personal items, such as a small purse, a small tablet computer, reading material, food or beverage for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried in the passenger cabin of the aircraft. Surf Air will refuse to transport any such personal items that may be harmful or dangerous to a passenger, the flight crew, or the aircraft. Personal items may not be placed on the floor during taxi, takeoff, or landing.

Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks and large purses cannot be accommodated in the passenger cabin.

Permissible checked baggage is limited to one piece of baggage, weighing no more than 35 pounds, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding 44 inches. Surf Air is unable to accept odd-sized baggage such as skis, surfboards, or fishing rods.

Surf Air will accept baggage for checking from a passenger when tendered to Surf Air immediately prior to boarding the aircraft, or at an earlier time on the day of commencement of travel as may be authorized by Surf Air employees at the departure airport. Surf Air will not check baggage tendered to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than a flight on which the passenger is scheduled to travel. Surf Air will not check and hold baggage for a flight to be operated on a later date.

The liability, if any, of Surf Air for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see below), is limited to the proven actual value of damage or loss, but in no event shall be greater than Two Hundred Dollars ($200.00) per passenger. Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks and large purses cannot be accommodated in the passenger cabin.

9. Checked Baggage

Firearms may not be carried or checked as baggage, except as permitted for law enforcement personnel in Section 3 above.

Personal items, such as a small purse, a small tablet computer, reading material, food or beverage for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried in the passenger cabin of the aircraft. Surf Air will refuse to transport any such personal items that may be harmful or dangerous to a passenger, the flight crew, or the aircraft. Personal items may not be placed on the floor during taxi, takeoff, or landing.

Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks and large purses cannot be accommodated in the passenger cabin.

Permissible checked baggage is limited to one piece of baggage, weighing no more than 35 pounds, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding 44 inches. Surf Air is unable to accept odd-sized baggage such as skis, surfboards, or fishing rods.

Surf Air will accept baggage for checking from a passenger when tendered to Surf Air immediately prior to boarding the aircraft, or at an earlier time on the day of commencement of travel as may be authorized by Surf Air employees at the departure airport. Surf Air will not check baggage tendered to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than a flight on which the passenger is scheduled to travel. Surf Air will not check and hold baggage for a flight to be operated on a later date.

The liability, if any, of Surf Air for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see below), is limited to the proven actual value of damage or loss, but in no event shall be greater than Two Hundred Dollars ($200.00) per passenger. Permissible checked baggage is limited to one piece of baggage, weighing no more than 35 pounds, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding 44 inches. Surf Air is unable to accept odd-sized baggage such as skis, surfboards, or fishing rods.

Firearms may not be carried or checked as baggage, except as permitted for law enforcement personnel in Section 3 above.

Personal items, such as a small purse, a small tablet computer, reading material, food or beverage for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried in the passenger cabin of the aircraft. Surf Air will refuse to transport any such personal items that may be harmful or dangerous to a passenger, the flight crew, or the aircraft. Personal items may not be placed on the floor during taxi, takeoff, or landing.

Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks and large purses cannot be accommodated in the passenger cabin.

Permissible checked baggage is limited to one piece of baggage, weighing no more than 35 pounds, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding 44 inches. Surf Air is unable to accept odd-sized baggage such as skis, surfboards, or fishing rods.

Surf Air will accept baggage for checking from a passenger when tendered to Surf Air immediately prior to boarding the aircraft, or at an earlier time on the day of commencement of travel as may be authorized by Surf Air employees at the departure airport. Surf Air will not check baggage tendered to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than a flight on which the passenger is scheduled to travel. Surf Air will not check and hold baggage for a flight to be operated on a later date.

The liability, if any, of Surf Air for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see below), is limited to the proven actual value of damage or loss, but in no event shall be greater than Two Hundred Dollars ($200.00) per passenger. Surf Air will accept baggage for checking from a passenger when tendered to Surf Air immediately prior to boarding the aircraft, or at an earlier time on the day of commencement of travel as may be authorized by Surf Air employees at the departure airport. Surf Air will not check baggage tendered to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than a flight on which the passenger is scheduled to travel. Surf Air will not check and hold baggage for a flight to be operated on a later date.

10. Baggage - Limitation of Liability

Firearms may not be carried or checked as baggage, except as permitted for law enforcement personnel in Section 3 above.

Personal items, such as a small purse, a small tablet computer, reading material, food or beverage for enroute consumption, and a coat, jacket, wrap, or similar outer garment, may be carried in the passenger cabin of the aircraft. Surf Air will refuse to transport any such personal items that may be harmful or dangerous to a passenger, the flight crew, or the aircraft. Personal items may not be placed on the floor during taxi, takeoff, or landing.

Due to the size of the aircraft operated by Surf Air, larger items such as laptop bags, backpacks and large purses cannot be accommodated in the passenger cabin.

Permissible checked baggage is limited to one piece of baggage, weighing no more than 35 pounds, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) not exceeding 44 inches. Surf Air is unable to accept odd-sized baggage such as skis, surfboards, or fishing rods.

Surf Air will accept baggage for checking from a passenger when tendered to Surf Air immediately prior to boarding the aircraft, or at an earlier time on the day of commencement of travel as may be authorized by Surf Air employees at the departure airport. Surf Air will not check baggage tendered to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than a flight on which the passenger is scheduled to travel. Surf Air will not check and hold baggage for a flight to be operated on a later date.

The liability, if any, of Surf Air for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see below), is limited to the proven actual value of damage or loss, but in no event shall be greater than Two Hundred Dollars ($200.00) per passenger. The liability, if any, of Surf Air for loss of, damage to, or delay in the delivery of checked or unchecked baggage and/or its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability (see below), is limited to the proven actual value of damage or loss, but in no event shall be greater than Two Hundred Dollars ($200.00) per passenger.

Limitations. Surf Air will compensate the passenger for reasonable, documented damages incurred as a result of the loss of or damage to such baggage up to the limit of liability, provided the passenger has exercised reasonable effort to minimize the amount of damage. Actual value for reimbursement of lost or damaged property shall be calculated as the documented original purchase price less depreciation for prior usage. Surf Air will be liable for such personal property only for the period in which it is in the custody of Surf Air. While every reasonable effort will be made to return items inadvertently left behind by passengers onboard an aircraft, Surf Air assumes no liability or responsibility for property carried onboard an aircraft by a passenger. If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Surf Air’s possession, Surf Air’s liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.

11. Fragile and Perishable Items as Baggage

Surf Air may, but is not obligated to, conditionally accept previously damaged, improperly packed, fragile, or perishable items for carriage as checked baggage subject to the passenger’s assumption of risk for damage to or destruction of such items.

12. Claims

No claim for personal injury or death of a passenger will be entertained by Surf Air unless written notice of such claim is presented to Surf Air within 21 days after the occurrence of the event giving rise to the claim. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by Surf Air unless preliminary written notice of such claim is presented to a Surf Air representative in person within one hour after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Surf Air no later than 10 days after the occurrence of the event giving rise to the claim. Failure to provide notice within the foregoing time limits will not bar a claim if the claimant establishes to the satisfaction of Surf Air that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time limits. No legal action on any claim described above may be maintained against Surf Air unless commenced within one year of Surf Air’s written denial of a claim, in whole or in part.

IN NO EVENT SHALL SURF AIR, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF SERVICES PROVIDED BY SURF AIR OR ITS AFFILIATES, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SURF AIR, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Passenger Behavior

At all times while onboard Surf Air aircraft, passengers shall act in a reasonable and responsible manner and comply with the directions and instructions of the pilots in command of the aircraft. Passengers will be liable to Surf Air for any damage which they cause to the aircraft or otherwise.

14. Animals

Due to size limitations of aircraft operated by Surf Air, domestic pets cannot be accommodated for transport.

Service animals will be allowed to accompany a passenger with a qualified disability, provided the animal can fit at the passenger’s feet without encroaching on another passenger’s space, protruding into the aisle, or blocking an exit. Certain unusual service animals (e.g. snakes, other reptiles, ferrets, rodents and spiders) pose unavoidable safety and/or public health concerns and will not be allowed to fly on Surf Air flights.

Emotional support or psychiatric service animals will only be allowed to accompany a passenger if the passenger provides recent (less than one year old) documentation on the letterhead of a licensed mental health professional stating: (a) the passenger has a recognized mental or emotional disability; (b) the passenger needs the emotional support or psychiatric service animal as an accommodation for air travel and/or for activity at the passenger’s destination; (c) the individual providing the assessment is a licensed mental health professional providing care to the passenger; and (d) the date, type and issuing jurisdiction of the mental health professional’s license.

15. Smoking

Smoking on board Surf Air aircraft is prohibited by federal law.

16. Failure to Operate as Scheduled

Surf Air will use its best efforts to notify all affected passengers promptly of planned or unplanned schedule changes and service withdrawals. Surf Air will attempt to transport passengers and their baggage promptly and as scheduled. Flight schedules, however, are subject to change without notice, and the times shown in or on Surf Air published schedules and reservations are not guaranteed. At times, without prior notice to passengers, Surf Air may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Surf Air cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event a flight schedule changes, Surf Air will attempt to so notify affected passengers as soon as possible at the airport or enroute.

17. Compliance with Law and Governmental Regulations

All transportation is sold and all carriage is performed subject to compliance with all applicable laws and governmental regulations, including those of the U.S. Department of Transportation and the Federal Aviation Administration, many of which are not specified herein but are nonetheless binding on Surf Air and all passengers.

18. Right to Change Contract

Surf Air reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Agreement without prior notice. All changes must be in writing and approved by a corporate officer of Surf Air.

19. Contact Us

Surf Air welcomes your questions or comments regarding the Terms of Service:

Surf Airlines Inc.
1207 4th Street, Suite 400B
Santa Monica, CA 90401

Email Address: info@surfair.com

Telephone number: (424)272-0359

Effective as of May 31, 2013

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