1. General: This Operator-Participant Contract (''Agreement'') sets forth the terms and conditions under which Cachaldora Travel Group, LLC. (''CTG'') (US DOT Public Charter Operator Number PC18-023) agrees to provide you (''Participant'') with transportation (the “Public Charter Flight”) via its direct air carrier, Dynamic International Airlines, and/or LATAM Airways in return for payment. The Participant’s rights and remedies set forth in the contract, including the procedures for major changes, shall be in addition to any other rights or remedies available under applicable law, although CTG may condition a refund on the Participant’s waiver of additional remedies. Flights are public charters. The U.S. Department of Transportation requires all passengers to agree/accept/sign the terms of the Operator-Participant Contract prior to departure.
2. Responsibility: CTG, as the principal, is responsible to the Participant for arranging and providing public charter air transportation services (charter flights). Neither CTG, nor its agents, servants, employees, or your travel agent assumes responsibility for any claim, action, cause of action, injuries, losses or damages arising from the actions of third-party contractors supplying services, including but not limited to reservations, missed connections, lost or stolen items or baggage, costs or expenses arising out of injury, accident or death, quarantine, disturbances, governmental restrictions or regulations, damage, delay of baggage or other property, inconveniences, loss of enjoyment, loss of pay, disappointment, mechanical breakdown, government action, strike, lockouts, war, terrorism, weather, acts of God, force majeure, or other factors or cause beyond its control.
3. Reservations and Payment: Charter reservations may be made directly by calling (305) 403-6252 or online at www.Puncana.com, or through your Travel Agent. Full payment is due at the time of booking. You have the right, however, to receive a copy of this Operator Participant-Contract (OPC) prior to making payment. Tickets are non-refundable.
4. Cancellations and Changes:
TICKETS ARE NON-REFUNDABLE AND NON-TRANSFERABLE. You may cancel or make changes to your itinerary, based on availability, for a fee of $50.00, per person. This applies to cancellations or changes made prior to our scheduled departure time. For cancellations or changes made after our scheduled departure time, your ticket will be forfeited, and no refund will be issued. On all international itineraries a $50 cancellation fee applies. Any cancellations made prior to the scheduled departure time will result in a credit held by CTG. This credit may be used for travel on CTG for up to 1 year from the date that the credit is issued. The credit will be equal to the amount of your charter price less the applicable $50, per person, cancellation fee.
TICKETS ARE NON-REFUNDABLE AND NON-TRANSFERABLE. Passengers must pay the difference between the originally purchased fare and the fare available at the new time of purchase. If the new fare is lower than the originally purchased fare, the remaining balance will be forfeited by the customer, and no refund will be issued, and no credit will remain. Under no circumstances is money refunded to the passenger after paying a change fee. Travel is subject to availability, and the cities to which CTG offers flights may change at any time. CTG retains the right to accept or decline any person as a member of the charter or to change or withdraw a charter if necessary, subject to the provisions in this Operator Participant Contract regarding major changes or cancellations by the Operator. To request a refund in the form of a credit voucher for future travel, you must submit a request in writing to your Travel Agent or CTG’s Customer Care Department or call CTG’s Reservations Center at (305) 403-6252.
5. Charter Price: The charter price quoted to you includes charter air transportation for the itinerary booked. Fares do not include the $3.20 Federal Excise Tax which will be imposed on each flight segment of your itinerary. A flight segment is defined as a takeoff and a landing. Fares also do not include Airport Passenger Facility Charges of up to $18.00 per round trip, depending on itinerary, and the September 11th Security Fee of up to $10.00, per round-trip. On flights to/from San Juan, Puerto Rico, a U.S. Transportation Tax of $28.20, per round trip, is imposed. Other applicable taxes and fees may apply (including US Arrival & Departure Taxes, APHIS Fees, INS Fees, U.S. Customs Fees and foreign Arrival and/or Departure Taxes). These fees are the responsibility of the traveling passenger and must be paid at the time of purchase. CTG is not responsible for any incidental expenses during the charter operation. Except for ''major changes'' as described below, no refund will be made for services included in the charter price, which you voluntarily do not use. Customer is responsible for paying the Dominican Republic Tourist Card ($10.00) per person payable directly to the Government of the Dominican Republic at arrival in Punta Cana.
Excess Baggage or Unaccompanied Minor fees are not included in the charter price. Infants over 14 days old and under 24 months of age may occupy the same seat as a fare-paying adult passenger at no additional charge. CTG accepts one infant, per paying adult passenger, on each Charter Flight. If traveling with an infant in arms, CTG’s Reservations Center must be notified and documentation in your record will be necessary. For those passengers with special needs, please contact our Reservations Center. Pets are not allowed.
6. Major Changes: If CTG makes major changes prior to departure, you have the right to cancel and receive a full refund. The following are major changes: (1) a change in the origin or destination city, unless the change affects only the order in which cities named in a tour package are visited; (2) a change in the departure or return date unless the change results from a flight delay. (If, however, the delay is greater than 48 hours, it will be considered a major change. In no event can CTG change your charter price less than 10 days prior to departure. If a major change must be made in the charter, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to your scheduled departure. If less than 10 days before your scheduled departure, we become aware that a major change must be made, we will notify you as soon as possible. Within seven (7) days after receiving notification of a major change, but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling. If a major change occurs after departure of the charter, which you are unwilling to accept, CTG will refund within 14 days after your scheduled return date, that portion of the charter price which applies to the services not accepted. CTG has no right to cancel the charter less than 10 days before the scheduled departure date except for circumstances that make it physically impossible to perform the charter. CTG is obligated to get the traveling passenger to their destination within 48 hours of the scheduled departure time. If CTG must cancel the charter 10 or more days before departure, we will notify you within 7 days of cancellation, but in any event at least 10 days before the scheduled departure date. If CTG must cancel the charter less than 10 days before the scheduled departure, we will notify you as soon as possible. If CTG cancels a charter, we will make a full refund to you within 14 business days after cancellation. If a flight is cancelled and alternative travel dates are offered, CTG will re-accommodate the passenger on a future available CTG flight.
7. Baggage: CTG and its direct air carrier allow each passenger to check 2 pieces of baggage with a maximum weight of 50 pounds per checked baggage. The first is not to exceed 62 inches in overall dimension (length + width + height), the second not to exceed 55 inches in overall dimension. Any excess baggage is subject to additional fees and all baggage must have outside CTG baggage tags for identification. We suggest that you also place your name inside your baggage. Overweight and / or oversize bags require a $50 fee for each. Special items such as surfboards, bicycles, skis and scuba equipment are not included with each passenger’s free baggage allowance and are subject to an extra charge of $50. Golf bags, in lieu of one piece of baggage, are accepted at no additional charge. Excess baggage will be accepted on a space available basis only, as determined by CTG. CTG allows each passenger to carry on one bag not to exceed overall dimensions of 45 inches, plus a personal item such as a purse, laptop computer, backpack, diaper bag, or camera case. Liability for lost baggage is limited to $2,500 for domestic journeys (provided you furnish CTG with the baggage claim check and suitable evidence of the value of the bag and its contents). For international journeys, liability is limited to $9.07 USD per pound, not to exceed $454 USD per bag. From a baggage liability standpoint, San Juan, Puerto Rico is considered a domestic point. All baggage claims must be reported to the CTG ticket counter, or to an agent representing CTG, prior to leaving the airport, or they are waived by the Participant. There is NO LIABILITY for the following items in checked baggage: electronic equipment; ornamental items including jewelry and wigs; antiques; silverware; clocks and watches; strollers; car seats; booster seats; artistic items including paintings, prints, photos, rugs, sculptures and statuary; photographic, recreational, camping, or mechanical equipment; items made of paper; business documents; bicycles; blueprints; cameras; ceramics; china; crystal; dolls; figurines; flash equipment; glass or glass containers; lenses; maps; mirrors; models; musical equipment; perfumes; stuffed animals; trophies; vases; wines; and edible or perishable items such as flowers, floral displays, plants, fruits; x-ray items and other light-sensitive materials; and all medicines, drugs, toiletries and cash and other negotiable instruments. All medicines and medications will not be accepted as checked baggage and must be hand-carried by the passenger. CTG will not be liable for any medical complications and / or expenses incurred by passengers as a result of any medicines or medications being included in passengers’ checked baggage and not readily available while in-transit. CTG will accept cloth, canvas, vinyl and other soft-sided bags as checked baggage but accepts NO RESPONSIBILITY OR LIABILITY for damage to such bags or their contents and, therefore, CTG's carriage of soft-sided bags checked as baggage shall be at your own risk. Any damage or loss by CTG or its direct air carrier to a disabled individual’s assisting device will be fully compensated per the requirements of Federal Aviation Regulations Part 382 – The Nondiscrimination on the Basis of Disability in Air Travel regulation. All checked baggage must have the owner’s identification on both the outside and the inside of the bag.
8. Customer Service: CTG is committed to quality service. In the unlikely event that you have cause for dissatisfaction during your charter, please write to us at CTG, Inc., 848 Brickell Ave suite 200, Miami, FL. 33131 or call 1-305-403-6252 between 8:00 am and 6:00 pm, seven days a week, to discuss the problem with one of our Customer Care Representatives. Baggage problems must be reported as soon as possible, and in the case of lost or stolen baggage, must be reported at the CTG ticket counter, or to an agent representing CTG, prior to leaving the airport. If after discussing the matter with one of our Customer Care Representatives, you believe you still have a valid complaint, you must send us via U.S. Mail, a written account of your complaint with detailed documentation including any applicable receipts within 30 days of your return. CTG will not process any complaints unless they are sent in writing within that time.
9. Airport Check-In: CTG recommends that passengers arrive at the airport 2 hours prior to departure time for domestic travel, and 3 hours for international travel, which includes San Juan, Puerto Rico. All passengers must be checked in at the airport check-in counter no later than 1 hour prior to the scheduled departure time. CTG reserves the right to deny boarding to any traveling passenger who has not checked in at the ticket counter within 60 minutes prior to our scheduled departure time. Passengers arriving late will not be entitled to any refund. CTG reserves the right to resell any seat 60 minutes prior to departure if the passenger has not yet checked in. Participants will not receive refunds for missed flights or connections. All passengers 18 years of age or older must have valid government issued photo identification, driver’s license or passport. Any passenger that exhibits disruptive behavior will not be allowed to board the aircraft, or will be removed from the flight. Federal law permits penalties to include substantial fines, imprisonment, or both.
10. Air Transportation: Flights are operated as public charters. CTG’s Corporate Headquarters is located at 848 Brickell Ave suite 200, Miami, FL. 33131. CTG is the Public Charter Operator. Charters are operated with LATAM Airways 302-seat B-787-900, or Dynamic International Airways 280 seat B-767-300 aircraft. The charter operator reserves the right to substitute scheduled air service when necessary at no additional cost and at comparable departure times based on participation in the charter program. You will be notified of any such decision no less than ten (10) days prior to departure, and may either accept the scheduled service or request a full refund within seven (7) days of notification. CTG reserves the right to substitute another air carrier or to change the aircraft type or capacity, and / or can substitute by using ground transportation and does not guarantee single plane or non-stop service. No refunds or compensation will be given for such substitutions or changes.
11. Security Agreement: Your payments are protected by a letter of credit provided by Total Bank (“Securer”), whose principal address is 2020 Ponce De Leon Blvd, Coral Gables, FL 33134. Unless you file a claim with CTG, or if CTG is not available, with the Securer, within 60 days of the completion of the charter (or in the case of cancellation, the intended date of your scheduled return flight), the Securer will be released from all liability to you under the security agreement. If there is no return flight in your itinerary, completion means the date or intended date of departure of the last flight in your itinerary.
12. Miscellaneous: The rights and remedies made available under this contract are in addition to any of the rights and remedies available under Florida law. CTG offers refunds under the contract with the express understanding that the receipt of that refund or alternative travel arrangements by a participant waives all additional remedies. By executing this Agreement, you specifically acknowledge and consent to all conditions set forth herein. This Agreement contains the entire agreement between the parties and it completely supercedes any prior written or oral agreements or representations. This Agreement can be amended only in writing and must be signed by both parties. Any oral representations or modifications shall have no force or effect. Florida law shall govern this Agreement. Any claim against CTG must be presented in writing within 30 days of the date of your return flight, and CTG is expressly not liable for any claims presented after said 30 day period.
13. Operator-Participant Contract:
Passenger agrees to all terms and conditions of the CTG Operator-Participant Contract. If paying by credit card, passenger additionally accepts all terms and conditions of the card issuer agreement.
Cachaldora Travel Group, LLC
US DOT Public Charter Operator PC18-023