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, all 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. Passengers may be required to provide personal information such as a social security number in connection with this background check. Surf Air will protect the confidentiality of its passengers' personal information as required by law. Background checks may be performed by a third party and in accordance with such third party's policies and procedures. A passenger's acceptance of this Agreement and delivery of the passenger's personal information constitutes 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 or based on the results of a 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 electronic device, 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 any of the following circumstances:

Safety and Government Request or Regulation - As necessary for reasons of aviation safety; to comply with any Federal Aviation Regulation, other applicable government regulation, or 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.

Comfort and Safety - For the comfort or safety of such passenger or other passengers, where the passenger falls in any of the following categories:

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, unless necessitated by a disability or otherwise in an inappropriate state of undress; Persons who are unable to occupy a seat with the seat belt fastened, or 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; Persons soliciting 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, except as permitted in Section 13 of this Contract of Carriage; 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; Persons requiring special medical equipment that is not authorized or cannot be accommodated on Surf Air aircraft including, without limitation, medical oxygen for use onboard the aircraft, incubators, respirators, ventilators, continuous positive airway pressure machines or portable oxygen concentrators, or stretchers; Person who are unable to safely board the aircraft and traverse the aisle to their seats without assistance and without causing injury to themselves or others; Persons who are unwilling or unable to abide with Surf Air non-smoking rules; Or persons who are 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.

4. Pregnant Passengers

Pregnant passengers are urged to consult with their physicians regarding the safety of air travel during pregnancy, giving special consideration to complications caused by the possibility of turbulence, cabin pressurization, significantly increased risk of deep vein thrombosis associated with pregnancy, and lack of ready access to medical care. By traveling with Surf Air, pregnant passengers acknowledge and accept all risks associated with travel during pregnancy.

5. Reservations

No person shall be entitled to transportation except with a valid reservation in Surf Air's booking system. No reservation shall be considered valid until Surf Air has received payment of all applicable fees in full. Such reservation shall entitle the passenger to transportation only between the points of origin and destination of the reservation. Passengers must check in with the appropriate Surf Air personnel located at the departure airport at least 15 minutes prior to the scheduled departure time and must be on board the aircraft and seated 5 minutes prior to departure time.

6. Ground Transportation

Surf Air does not assume responsibility for the ground transportation of any passengers or their baggage. Surf Air may, at its sole discretion, offer or promote ground transportation options in certain locations or in conjunction with certain bundled, packaged or charter services. Passengers are responsible for charges associated with any such ground transportation that they chose to accept. Surf Air assumes no responsibility, and all passengers waive any claims against Surf Air, relating to or in connection with any ground transportation that may be offered in connection with Surf Air's services.

7. Carriage of Children

Children Under 16 - Children under age 16 may only travel on Surf Air when accompanied by a passenger aged 18 or older. Surf Air will not accept for carriage any unaccompanied children under age 16.

Children Under 2 - Children under age 2 must be secured in a seat using an FAA-approved child restraint device.

Children Under 15 days - 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.

Surf Air will not provide transportation to any child, regardless of age, without a confirmed reservation for that child.

8. Permissible Checked Baggage

Permissible checked baggage is limited to one piece of baggage per passenger, weighing no more than 30 pounds, or such other amount specified in the Agreement, and having outside measurements (i.e., the sum of the greatest outside length plus the greatest outside width plus the greatest outside height) no greater than 44 inches. Odd-sized baggage or objects, such as skis, surfboards, and fishing rods, cannot be accommodated.

Surf Air will refuse to accept baggage for transportation if it or its contents cannot withstand ordinary handling, or if its nature, contents, or characteristics might present a security risk, cause injury or discomfort to passengers or Surf Air employees, or cause damage to the aircraft, other equipment, or other baggage. Surf Air will not transport checked baggage containing live animals. 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.

9. Permissible Carry-on Items

Only small personal items, such as purses, small tablet computers, reading materials, food or beverage for enroute consumption, and coats, jackets, wraps, or similar outer garments, are permitted in the passenger cabin of the aircraft, provided that such items are not harmful or dangerous to other passengers, the flight crew, or the aircraft. Personal items must be securely stowed or held by the passenger, and may not be placed on the floor of the aircraft during taxi, takeoff, and 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. Except as provided herein, animals may not be carried on the aircraft.

10. Acceptance of Baggage for Carriage or Storage

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 transport baggage checked by a passenger 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 the flight on which the passenger is scheduled to travel. In its sole discretion, Surf Air may accept and store baggage for a flight to be operated on a later date, for pickup on a later date, or for shipping to another destination on a passenger's behalf, provided that the passenger waives all liability for the loss of or damage to such baggage while in Surf Air's possession.

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. Baggage - Limitation of Liability

Surf Air's liability, if any, for loss of or damage to baggage and/or 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 passenger.

Surf Air will compensate the passenger for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability, provided that the damage was caused by Surf Air or occurred while the baggage was in Surf Air's custody, and the passenger exercised reasonable effort to minimize the amount of damage. 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 Surf Air be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets or wheels.

While Surf Air will make reasonable efforts to return carry-on items that have been left onboard an aircraft, Surf Air assumes no liability or responsibility for the loss of or damage to carry-on items.

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.

13. 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.

14. Firearms

Passengers may not transport firearms on any Surf Air flight, whether as checked baggage or as a carry-on item, unless the passenger carrying the firearm is a law enforcement officer carrying the firearm in compliance with the requirements of 49 CFR § 1544.219(a)(1)-(3).

15. 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 six months of Surf Air's written denial of a claim, in whole or in part.

In all cases of injury, Surf Air's liability will be strictly limited to $10,000 per passenger.

IN NO EVENT WILL SURF AIR, ITS AFFILIATES, AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH A PASSENGER'S 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.

16. Passenger Behavior and Liability

Compliance with Instructions - 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.

Smoking - Smoking onboard Surf Air aircraft is prohibited by federal law.

Alcohol - Federal law strictly prohibits the consumption of alcohol on Surf Air's aircraft except where such alcohol is served by Surf Air personnel.

Liability - Passengers are liable to Surf Air for any damage which they cause to the aircraft or other property and for costs incurred by Surf Air to due to the passenger's medical or other emergency or the passenger's inappropriate conduct, including costs for diversion to a different destination.

17. Carriage of Animals

Except as provided below, animals are not permitted on Surf Air aircraft.

Service animals are permitted 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 on Surf Air flights. Service animals will not be permitted if they are not properly harnessed and under the passenger's control at all times while on airport premises and Surf Air aircraft, or do not behave appropriately for public settings.

Subject to the above, emotional support or psychiatric service animals will only be allowed to accompany a passenger if, at least 48 hours before the flight on which the passenger desires to transport the animal, the passenger provides to Surf Air verifiable documentation, less than one year old, 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. Such documentation should be provided to Surf Air via email at specialservices@surfair.com.

18. 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's 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 via the contact information provided by the passenger.

19. 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.

20. Waiver and Modification of Contract of Carriage

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, and except as authorized by an officer of Surf Air in writing, no employee or agent of Surf Air has the authority to modify, waive or alter any term of the Agreement or otherwise make commitments on behalf of Surf Air.

21. Severability

If, for any reason, any portion of the Agreement will be determined by a competent authority to be void or unenforceable, then (a) that portion will be of no effect, (b) the balance of the Agreement will remain in full force and effect, and (c) the Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

22. Titles

Article titles and subheadings contained in this Agreement are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of this Agreement.

23. Conflict of Terms

In the event of a conflict between the Contract of Carriage, Membership Agreement, terms printed on any ticket, terms printed on any ticketless travel authorization, and terms specified on Surf Air's website, schedules or elsewhere, precedence will be given in the order in which they are listed in the foregoing and if there is more than one version of any that are applicable, the last in time.

24. Contact Us

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

Surf Airlines Inc.
1408 Third Street Promenade Suite 300
Santa Monica, CA 90401

Email Address: membercare@surfair.com

Telephone number: 888) 704-2582

Effective as of December 20, 2013

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