Operator Participant Contract

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PUBLIC CHARTER

OPERATOR-PARTICIPANT CONTRACT

This agreement sets forth the terms and conditions under which we Peppermill Casinos Inc. in return for payment of the amount indicated as the total charter price, agree to provide you this charter flight.


RESPONSIBILITY: Peppermill Casinos Inc., as principals, are responsible to you for arranging and providing all of the services and accommodations offered in connection with these charter flights, provided, however, that in the absence of negligence on Peppermill Casinos Inc., Peppermill Casinos Inc. are not responsible for personal injury or property damage or other loss or expense caused by the air carrier, hotel, or other supplier(s) of any of the other services being offered or provided in connection with the charter.


RESERVATIONS AND PAYMENT: Payment of the Charter Price and a signed contract is required to secure reservations. If the charter is fully booked when your reservation is received, your payment will be returned within 7 days, or with your authorization, we can retain the deposit and place your name on a waiting list in case other passengers cancel their reservations.  Even if you authorize us to put your name on a waiting list, we will notify you within 7 days that your selected flight is fully booked.
All checks, money orders, and credit card payments must be made payable to Peppermill Casino Escrow.


CHARTER PRICE: The charter price, Departure Date, Return Date, Origin City, Destination City and Tour Itinerary are set forth on the Tour and Travel Acknowledgment attached. Any tips or gratuities not specifically mentioned as included in the total charter price will be at your discretion.  Except for "major changes," as described below, no refund will be made for any accommodations or services included in the charter price which you voluntarily do not use.

INSURANCE: Trip cancellation, health, and accident insurance are available. We strongly recommend it.  This important, low-cost protection can save you money if you are forced to cancel or alter your trip.  If you are interested in receiving more information please contact CSA Travel Insurance and Assistance Services at (800) 348-9505 direct. Cancellation insurance is provided by independent third parties. Peppermill Casinos Inc. and/or its agents do not guarantee payment under any cancellation insurance policy or the viability of an insurance company.

BAGGAGE: For each ticketed passenger, XP will transport as checked baggage free of charge one (1) bag not to exceed 62 inches in overall linear dimensions (length plus width plus height), and the weight of which is not to exceed 50 pounds. Passengers may also carry on without charge, one (1) additional bag totaling no more than 45 inches in overall linear dimensions, and weighing no more than 40 pounds, which is capable of being stowed under a passenger seat, in an overhead compartment, or in an empty passenger seat. An extra charge applies for additional, overweight (baggage exceeding 50 pounds), and/or baggage that exceed 62 inches in overall dimensions. Special items such as boxed items, surfboards, bicycles, etc. will be handled at the discretion of XP and, if permitted, are subject to an extra charge.  All baggage accepted is at the discretion of XP and subject to structural and performance limitations of the aircraft. Golf clubs are not permitted.

Baggage Claim Limits and Procedures 1. General: Liability for loss, damage, or delay of baggage is limited as follows unless the passenger declares a higher value in advance and pays additional charges: a. For most international travel (including domestic portions of international journeys), liability is limited to 1,131 Special Drawing Rights; b. For travel wholly between U.S. points, total liability for provable direct damages only resulting from the loss, delay or damage in XP’s custody is limited to UNCONTROLLED COPY WHEN DOWNLOADED OR PRINTED TEM ENTERPRISES Xtra Airways Contract of Carriage Chapter One Revision: 12 24AUG15 Page 18 of 20 $3,400.00 per ticketed passenger, unless a higher value is declared in advance and additional charges are paid. NOTE: XP will have no liability for any loss, damage or delay of checked or carry-on baggage unless a claim is reported to an XP authorized air carrier representative before leaving the destination airport. Also, it should be noted that in the course of normal handling, baggage may show evidence of wear and tear. XP assumes no liability for minor damage, or for protruding parts not limited to straps, handles, wheels, and luggage feet. H. When XP has exercised ordinary care, it shall not be liable for delay in delivery of any perishables, nor for damage to or damage caused by fragile items, liquids or perishables that are unsuitably packed, and that are included in a passenger’s checked baggage, with or without XP’s knowledge. XP may allow a passenger to check fragile and/or perishable items that are unsuitably packed upon the execution of a Liability Release. I. If XP accepts checked baggage less than fifteen (15) minutes prior to the scheduled departure time, XP will not be liable for any expenses incurred, including delivery expenses, should there be a delay in delivery of the baggage. NOTE: When transportation is via XP and one or more air carriers with different limitations of liability, the lowest maximum baggage liability will apply. J. Excess Valuation: Baggage liability is limited to those amounts set forth in the above terms, unless an additional charge is paid. The excess valuation charges and maximum value allowed can be obtained from XP’s Corporate Office. The additional protection (excess valuation) is not available for and does not cover loss of, damage to or delay in delivery of: money, precious metals, jewelry, cameras, video and electronic equipment, silverware, negotiable papers, securities, business documents, samples, paintings and other works of art, antiques, artifacts, fragile articles, musical instruments and other similar valuable items and commercial effects. K. Responsibility: XP assumes responsibility only for those claims arising from the transportation of baggage over its own routes. All claims are subject to proof of value and loss. L. Interim Expenses: XP will not normally pay any interim expenses during the first 24 hours in the case of delayed baggage. If under extraordinary circumstances, the passenger requires interim expense money (for clothing, tools, medicine, etc.) during the first 24 hours, such payment will be made upon management approval only. 1. When the first 24 hours has elapsed and the delayed or lost baggage has not been located, at the request of the passenger, XP will pay up to a maximum of $25.00 for interim expenses. Any request for an amount in excess of $25.00 will be referred to the Corporate Office. 2. Interim expenses are usually not paid if the passenger resides at a locality near the origination airport. For additional information please visit www.xtrairways.com

CRAFT: This flight will be performed by Xtra Airways using a 737-400 Series Aircraft with a maximum of 150 public charter seats.  The air carrier reserves the right to substitute equivalent aircraft if necessary.


SECURITY AGREEMENT: Your payments are protected in part by a surety bond that Peppermill Casinos Inc has obtained from Fidelity & Deposit Company of Maryland.


Unless you file a claim with us, or, if we are not available, with the securer within 60 days after the completion of the charter, the securer will be released from all liability to you under the security agreement.


CANCELLATION AND REFUND: If you cancel your reservations: you WILL RECEIVE NO REFUND EXCEPT UNDER THE LIMITED CIRCUMSTANCES SET FORTH BELOW, notification of cancellation should be called in to our reservation department.  Cancellations are effective from the day that you advise us of your cancellation and you receive a cancellation number. All requests for refunds must be sent to us in writing at the address listed under Charter Operator Information. (see below)

Cancellation Notice Received:                                   Cancellation/administration Fee:

Except as specifically provided below, a non-refundable Twenty Five Dollar ($25.00) administration fee per person will be charged on all cancelled reservations.

  • Except as specifically provided below, if you cancel within 14 days or less prior to the flight, no refund will be issued. One Hundred Percent (100%) of the cost of the package will be retained by Peppermill Casinos Inc.

If you are a comped passenger you will be required to secure your reservation with a major credit card. Your credit card will be charged the amount of the trip per person for the trip only if you fail to appear and participate in the charter. Cancellations less than 14 days of the flight will be charged $25 per person. By signing this Agreement you agree to have your credit card charged accordingly.

Please be sure to call our Reservations Department to notify us of your cancellation. Administration fees (if any) are effective from the day that you advise


If you cancel and we are able to resell your seat(s) you will receive a full refund less a $25.00 administrative fee; however, no such resale shall have occurred until all seats on the flight have been sold out initially. Alternatively, if at the time of cancellation you are able to provide a substitute passenger(s) to take over your reservation(s) for a travel package of equal or greater value, you will receive a full refund less a $25.00 administrative fee. Refunds will be made within 14 days of receipt of your notice of cancellation (or within 14 days of resale of your cancelled seat(s) as the case may be.)

If we make 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 departure or return date, unless the change results from a flight delay experienced by the air carrier.  (If, however, the delay is longer than 48 hours, it will be considered a major change.)  (2) 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; (3) a substitute of any hotel not listed in this contract; and (4) a price increase of more than 10 percent occurring 10 or more days before departure.  In no event can we increase your price less than 10 days before departure.


If a major change must be made in the program, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure.  If, less than 10 days before scheduled departure, we become aware that a major change must be made, we will notify you as soon as possible.  Within 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 the departure of the flight, which you are unwilling to accept, we will refund, within 14 days after your scheduled return date, that portion of your payment, which applies to the services, not accepted.

If we must cancel the charter: we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date.  We have no right to cancel the charter less than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip.  If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date.  If the charter is canceled, we will make a full refund to you within 14 days after cancellation.

The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law.  However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.

INTERNATIONAL FLIGHTS: The operation of these flights is subject to the foreign governments involved granting landing rights for the flight.  If the air carrier cannot obtain these rights, the flight will be canceled and a full refund will be made to you automatically.

Charter Operator Information:

Peppermill Properties Inc

Rainbow Casino

PO Box 2000

West Wendover, NV 89883

Fax; 775-664-6742

Fill-out to accept the above agreement