Participant Agreement

This Participant Agreement applies only to public charter flights originating in the United States.

1. General

This Participant Agreement (“Agreement”) sets forth the terms and conditions under which Skye Pet Travel Pty Ltd, Level 28, 140 St Georges Terrace, Perth WA 6000, Australia
(“Skye Pets”, “we”, or “us”), enters into a public charter arrangement with you (“Participant” or “you”). 

The price of your charter, the dates of outbound and return flights, the origin and destination cities, and any other booking-specific conditions are set out in your Skye Pets itinerary, booking confirmation, and/or invoice, and are incorporated into this Participant Agreement by reference. Unless expressly stated otherwise, the charter price includes air transportation only.

This Agreement is issued pursuant to 14 CFR Part 380.

2. Responsibility

Skye Pets is the public charter principal and is responsible for arranging and providing the services included in the charter. Skye Pets is not a direct air carrier and does not own or operate aircraft. All air transportation is performed by properly licensed direct air carriers in accordance with applicable law.

Except as required by applicable law, and in the absence of negligence on our part, Skye Pets is not responsible for personal injury or property damage caused by the direct air carrier or other suppliers of services provided in connection with the charter.

3. Reservations and Payment

Reservations are made directly with Skye Pet Travel Pty Ltd. Upon receiving your booking request, Skye Pets will review your travel details and any required passenger and pet information. If everything is to Skye Pets’ satisfaction, you will be notified and issued an invoice for payment. Please refer to the sections of this Agreement governing cancellations and refunds.

Unless and until full payment has been received and this Participant Agreement has been agreed to, you do not have a confirmed reservation. If there is an issue with your booking details, you will be notified by email advising that your reservation has not been accepted.

Participant payments are transmitted to Skye Pets’ designated public charter depository (escrow) account at WSFS Bank, 500 Delaware Avenue, Wilmington, DE 19801, United States, maintained in accordance with 14 CFR Part 380.

4. Security Agreement (Participant Funds Protection)

Participant payments are protected by a security agreement in the form of a Surety Trust Agreement, established in accordance with 14 CFR Part 380 and administered by:

WSFS Bank, 500 Delaware Avenue, Wilmington, DE 19801, United States.

The Surety Trust Agreement secures participant payments for this public charter.

Unless a claim is filed with Skye Pet Travel Pty Ltd, or, if Skye Pet Travel Pty Ltd is unavailable, with WSFS Bank, within sixty (60) days after termination of the charter, the Trustee shall be released from all liability to the participant under the security agreement.
For purposes of this provision, termination means the date of arrival (or, in the case of a cancelled charter, the intended date of arrival) of the last flight in the participant’s itinerary.

5. Air Transportation

Charter flights are operated by the direct air carrier identified in your itinerary or booking confirmation, or a similarly licensed air carrier, using the aircraft type and seating configuration identified for your flight.

The air carrier reserves the right to substitute aircraft or carrier if necessary. Flight dates and times are not guaranteed.

6. Cancellation and Major Changes by Skye Pets 

Skye Pets will not cancel a charter less than twenty eight (28) days before the scheduled departure date except for circumstances that make it physically impossible to perform the charter.

If a charter is cancelled:

• notification will be provided as required by regulation; and
• a refund will be made within fourteen (14) days.
   

Major Changes

A Major Change includes:

1. a change in departure or return date, except delays under 48 hours;
2. a change in origin or destination city; or
3. a price increase of more than ten percent (10%) occurring ten (10) or more days before departure.
    

If a Major Change occurs prior to departure, you may cancel within seven (7) days after notification and receive a refund within fourteen (14) days.

If a Major Change occurs after departure and you reject it, Skye Pets will refund, within fourteen (14) days after your scheduled return date, the portion of your payment allocable to services not provided.

7. Cancellation by Participant – Refunds Are Limited

The right to receive a refund if you change plans is limited.

Refund terms applicable to your booking are stated in your invoice, itinerary, or booking confirmation and are incorporated herein by reference.

Any participant who provides a substitute participant utilising the same itinerary, or who is substituted by a participant found by Skye Pets, is entitled to a full refund less a $25 administrative fee, where permitted by regulation.

Refunds will be made within fourteen (14) days of cancellation or substitution.

8. Insurance

Trip cancellation, health, and accident insurance is available through third-party providers. Information about optional insurance coverage can be provided upon request. This applies to U.S.-originating passengers only.

9. International Flights

International charter operations are subject to foreign government approvals. If required landing rights are denied, the charter will be cancelled and a full refund issued.

10. Additional Terms Incorporated by Reference

Operational, safety, conduct, pet carriage, documentation, and liability provisions applicable to your booking are set out in the Skye Pets Terms and Conditions and Pet Policy, which are incorporated by reference and apply in addition to this Agreement, provided they do not limit any rights afforded to participants under 14 CFR Part 380.

11. Acceptance

By accepting this Agreement electronically and/or by making payment, you confirm that you have read and agree to the terms of this Participant Agreement.