BORGATA HOTEL CASINO & SPA
d/b/a FLY BORGATA

TOUR PARTICIPANT AGREEMENT

You, the charter participant, acknowledge receiving, reading, and agreeing to the terms and conditions set forth below governing the charter to be operated by Borgata Hotel Casino & Spa d/b/a Fly Borgata, 1 Borgata Way, Atlantic City, New Jersey 08401 ("Borgata"). Please read this contract and sign it. Otherwise, U.S. Department of Transportation regulations prevent us from carrying you, and we may not accept your payment. No employee or agent of Borgata has the authority to change this contract.

  1. General/Services
    1. The tour itinerary, name and location of the hotel, length of stay, and other ground accommodations and services, including the price and payment schedule, are set forth on the attached tour itinerary form/confirmation letter, which is a part of this contract. Tour prices, including but not limited to the price of the airfare and any applicable fuel surcharge, baggage fees and government-imposed taxes, may be increased up to the time of payment in full. After payment in full, the price will only be increased if the amount of any applicable government-imposed tax is increased or if any new government-imposed tax is levied and such increase or new tax becomes effective between time of payment in full and your date of travel. Such increase will be limited to the difference in the amount collected at time of payment for such tax and the amount of that tax in effect on your date of travel.
    2. The flight(s) will be performed by Ultimate Jetcharters LLC (“Ultimate” or “Air Carrier”) utilizing Dornier 328 Jet aircraft with 30 seats. Air Carrier may substitute aircraft, if necessary. Borgata reserves the right to substitute another carrier and/or to make stops en route.
    3. Each charter participant is allowed to bring one (1) piece of checked baggage not to exceed 40 lbs. in weight and one (1) carry-on item not to exceed 10 lbs. in weight. No baggage fees will be charged for these allowances. Charter participants will be responsible for the handling of all baggage to/from the hotel.
    4. Any tips or gratuities will be at the charter participant’s discretion.
    5. Any services or accommodations not specified in the attached tour itinerary form/confirmation letter will be the charter participant’s responsibility.
    6. Payment by check, money order or credit card (debit cards not accepted) must be made payable to the Borgata Escrow Account, First Niagara Bank, or to the travel agent who has sold you this contract, in which case the travel agent must make the check or money order payable to the Borgata Escrow Account, First Niagara Bank. Your payments will be held in a client trust account at First Niagara Bank until travel is completed. The Public Charter Depository Agreement is incorporated as part of this contract between Borgata and the charter participant, and a copy will be made available by Borgata to each charter participant upon request.
    7. Fidelity and Deposit Company of Maryland has issued a security agreement to protect the charter participants’ funds. Fidelity and Deposit Company of Maryland will be released from all liability to you under the security agreement unless you file a claim with Borgata or Fidelity and Deposit Company of Maryland within sixty (60) days after termination of the charter. Termination means the date of arrival (or intended date of arrival) of the return flight.
    8. Trip cancellation, health, and accident insurance is available for purchase. If you would like Borgata to furnish details to you, please request on the form below.
    9. Air seats and hotel room are valid only for the charter participants identified in the attached tour itinerary form/confirmation letter. Borgata and Ultimate may require positive identification of each charter participant’s identity at any time. Unauthorized passengers or unregistered hotel guests may be denied service and/or be subject to criminal trespass or other charges under applicable law.

     

  2. Major Changes/Cancellation By Borgata
    1. Borgata may cancel or change the charter or charters due to inadequate participation or for any other reason. If Borgata identifies a major change, as defined at the bottom of this contract, ten (10) or more days before the scheduled departure date, it will notify you within seven (7) days after first identifying it, but in any event at least ten (10) days before departure. If Borgata identifies a major change less than ten (10) days before the departure, it will notify you as soon as possible. Within seven (7) days of receiving a pre-departure notification of a major change, but in no event later than departure, you may cancel and a full refund will be made to you within fourteen (14) days after canceling. Upon receiving post-departure notification of a major change, you may reject the substitution or change and, within fourteen (14) days after the return date listed on the attached itinerary/confirmation letter, a refund will be made to you of the portion of your payment allocable to the accommodations or transportation not provided.
    2. In the event of a cancellation by Borgata, Borgata will notify you within seven (7) days of the cancellation but at least ten (10) days before the scheduled departure. Borgata may not cancel the charter or charters less than ten (10) days before the scheduled departure date, except for circumstances that make it physically impossible for it to perform the charter trip, in which case Borgata will notify you as soon as possible. If Borgata cancels the charter or charters, it will make a full refund to you within fourteen (14) days after the cancellation.
    3. To the extent consistent with applicable laws and regulations, Borgata may cancel any charter participant’s participation in a particular charter or charters at any time due to any of the following: (1) whenever such action is necessary to comply with any government regulation, directive, or request; (2) if the charter participant refuses to permit the search of his or her person or property for explosives or a dangerous weapon or article or for any other security-related reason; (3) if the charter participant refuses to produce identification that reflects the same full name information displayed on their participant’s tour contract; (4) if a charter participant fails or refuses to comply with the rules, regulations, and conditions of carriage of the Air Carrier; (5) when cancellation may be necessary for a charter participant’s safety or the safety of other charter participants in the event that a charter participant: (a) displays disorderly, abusive, or violent behavior (other than that involving a qualified disabled individual whose appearance or involuntary behavior may offend, annoy, or inconvenience other charter participants or crew members); (b) is barefoot; (c) is unable or unwilling to sit in an aircraft seat with the seat-belt fastened; (d) appears intoxicated or under the influence of drugs (other than a qualified disabled individual whose appearance or involuntary behavior may make them appear to be intoxicated or under the influence of drugs); (e) has a malodorous condition (other than individuals qualifying as disabled); (f) attempts to interfere with any Borgata personnel or member of Air Carrier’s flight crew in the performance of their duties; (g) is seriously ill and fails to provide a physician’s written permission to participate in the tour; (h) is blind, deaf and unaccompanied, unless such charter participant is able to communicate with Borgata and/or Air Carrier representatives by physical, mechanical, electronic, or other means; (i) requires unusual or unreasonable assistance or medical treatment during the tour, unless such charter participant is accompanied by another charter participant capable of providing the necessary assistance or medical treatment; (j) is unwilling or unable to comply with no-smoking requirements; and (k) has a mental disability that renders them unable to comprehend or respond to safety-related instructions, unless such charter participant is accompanied by another charter participant; or (l) is known to have a communicable disease or infection which has been determined, by the U.S. Surgeon General, the Centers for Disease Control and Prevention, or other public health authority knowledgeable about the disease or infection, to be transmissible to other persons in the normal course of the tour. If, however, the charter participant with the communicable disease or infection presents a medical certificate giving approval to travel and stating any conditions for travel, Borgata shall allow the charter participant to participate in the tour unless it is not feasible to implement the conditions set forth in the medical certificate as necessary to prevent the transmission of the disease or infection to other persons in the normal course of the tour. Borgata is not liable for its cancellation of any charter participant’s tour participant contract in accordance with the terms of this paragraph, but will, at the request of the charter participant, refund the amount of any unused portion of the tour price in accordance with its refund policies. Borgata will not be responsible for compensatory or punitive damages and a refund will be a charter participant’s exclusive remedy.

     

  3. Cancellations/Changes By Charter Participant
    1. If you cancel your reservation, your right to receive a refund is limited, as described below. Any refund due to you will be sent within 14 days of the cancellation or substitution of a new charter participant, as applicable.
      1. You will be given a full refund if you cancel this contract before you sign it and you paid for your reservation by credit card.
      2. You will be given a full refund if you cancel your reservation more than fourteen (14) days before departure.
      3. Cancellation less than fourteen (14) days prior to flight departure date will result in $199 per person cancellation fee. This fee will be charged to the credit card received at the time of booking or on file with Borgata or deducted from any refund due.
      4. You will be given a full refund, less a $25 per person service fee, if: (a) you provide a substitute charter participant for your reservation before canceling, provided, however, that charter participants who are complimentary guests of Borgata have no right of substitution, or (b) Borgata is able to resell your canceled reservation (as evidenced by a full manifest for the flight).
      5. You will be given a full refund if you cancel because: (a) of a medical emergency (physician’s note must be provided); (b) you or your companion decease before the departure (your “companion” is the person who is your confirmed scheduled roommate during the tour); or (c) of the death of an immediate family member (death certificate or other evidence must be provided). Borgata defines “immediate family” as:
      i. Husband   x. Grandmother
      ii. Wife   xi. Grandchild
      iii. Mother*   xii. Mother-in-Law
      iv. Father*   xiii. Father-in-Law
      v. Son*   xiv. Son-in-Law
      vi. Daughter*   xv. Daughter-in-Law
      vii. Brother*   xvi. Brother-in-Law
      viii. Sister*   xvii. Sister-in-Law
      ix. Grandfather    
      *Includes "step" relatives    
      1. Notification of cancellation must be called into the Borgata Call Center at 609-317-7878. Cancellations made via email or voicemail will not be accepted.
      2. Cancellation is effective immediately, and you will receive a cancellation number at the time of cancellation.
      3. Delays due to weather-related issues will not constitute sufficient grounds for cancellation unless the new arrival or departure time is greater than ten (10) hours from the original time.
      4. Any requests for a refund must be faxed, emailed or mailed to Borgata Hotel Casino & Spa by the individual who booked the reservation.
        1. Email: FlyBorgata@theborgata.com
        2. Address: Borgata Hotel Casino & Spa, Attention: Air Programs; One Borgata Way, Atlantic City, NJ 08401
        3. Fax: 609-317-1031

     

  4. Liability
    1. Participation in charter activities could involve risk of physical injury, illness, death or property loss, and despite safety precautions, Borgata cannot guarantee safety thereof, as all risks cannot be prevented.
    2. Borgata is the principal responsible for arranging and providing all of the services and accommodations offered in connection with this charter, provided, however, that in the absence of negligence on Borgata’s part, Borgata is not responsible for personal injury, property damage, or other loss or expense caused by Air Carrier or other supplier(s) of any of the services being offered or provided in connection with the charter.
    3. Charter participant consents and gives authorization to Borgata personnel to secure any emergency medical treatment if charter participant is unable to, and charter participant will be responsible for any costs associated with such treatment.
    4. Any transportation not associated with the charter as set forth in the attached itinerary/confirmation letter that the charter participant partakes in during the trip dates will be at the charter participant’s discretion, and Borgata will not be responsible for the safety and reliability of such transportation.
    5. Liability for lost or damaged baggage is limited by Air Carrier to a total of $3,300.00 per passenger for all checked baggage (effective for travel on or after June 6, 2013, this limit will increase to $3,400.00 per passenger).
    6. Any change in itinerary, delay, or cancellation by Air Carrier will not be the responsibility of Borgata.
    7. Neither Borgata nor Ultimate will be responsible or liable for the transportation of charter participants who fail to report at the specified check-in point at the airport one (1) hour prior to the scheduled departure time of the flight or who are, through no fault of Ultimate or Borgata, not aboard the aircraft at the time of departure. If flight or ground transportation is missed by the charter participant, it will be at the expense and responsibility of the charter participant to find and pay for other transportation.
    8. Borgata will bear no responsibility or liability for persons violating Air Carrier or hotel policies or applicable laws.

     

  5. Rights and Remedies. The rights and remedies described in this contract, including the procedures for major changes, are in addition to any other rights and remedies available under applicable law. However, Borgata conditions any refund to you on your waiver of additional remedies.
     
 

FLY BORGATA TOUR PARTICIPANT AGREEMENT ACCEPTANCE

I have read the above Tour Participant Agreement Contract and by filling out this form and clicking 'submit' I hereby consent to accept all terms and conditions set forth herein. (One charter participant may sign for additional charter participants traveling together).
Print a copy of the agreement by clicking here.

*
*
*
*
*
*
 
     
 
   
 
As used in this contract, the term "Major Change" means: (1) A change in the departure or return date shown in the operator-participant contract (or, if the contract states alternative dates, the date designated to the charter participant by the charter operator in accordance with 14 C.F.R. §380.33a(b)), unless the change resulted from a flight delay. In any event, however, a date change that the operator knows of more than 2 days before the scheduled flight date, and any delay of more than 48 hours, will be considered a major change;
(2) A change in the origin or destination city shown in the operator-participant contract for any flight leg (or, if the contract states alternative cities, the city designated to the charter participant by the operator in accordance with 14 .C.F.R. §380.33a(b)), unless the change affects only the order in which cities named in a tour package are visited;
(3) A substitution of any hotel that is not named in the operator-participant contract; or
(4) A price increase to the charter participant that occurs 10 or more days before departure and results in an aggregate price increase of more than 10 percent.

* New Jersey law prohibits person(s) under the age of 21 from gambling in, or loitering about, a casino and from consuming alcoholic beverages. Any persons under the age of 21 will not be permitted to participate in any Fly Borgata promotional offer. If a question arises concerning a charter participant's age and the charter participant does not have appropriate documentation to prove his/her age, the charter participant will be presumed to be under the age of 21.

** The Transportation Security Administration ("TSA") requires you to provide your full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R. parts 1540 and 1560. Failure to provide your full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information you provide with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.
 
Gambling Problem? Call 1-800-GAMBLER.
©2013 Borgata Hotel Casino & Spa. All rights reserved.