Public Charter Participant Agreement

Last Updated: June 28, 2024

Tri-State Charter LLC d/b/a Slate Aviation is a Part 298/135 air carrier, and all flights will be operated by Tri-State Charter or other properly licensed air carriers. All services are subject to the terms and conditions available at www.flyslate.com/legal/terms-of-use/. Tristate is registered with the State of Florida as a Seller of Travel. Registration No. ST42114. Pricing is an estimate based on Slate Shared Membership and is not guaranteed. Pricing by seat is dynamic and may change at any time without notice prior to departure. Availability is limited.

1. GENERAL: When you purchase a seat on a Slate Shuttle flight, a contract is made; and each party has certain rights and obligations as set forth below. Slate Shuttle, LLC, with an office at 214 College Park Plaza, Johnstown, PA 15904 is the authorized Public Charter operator (“PCO”).  The price of your trip, dates of the outbound and return flights, origin and destination cities, and other conditions, are as specified in the applicable PCO itinerary and/or your accepted reservation and are incorporated herein by reference.  Unless otherwise specified, the price includes only air transportation.
2. RESERVATIONS AND PAYMENT: Reservations may be made directly with PCO. Unless and until full payment has been made, you do not have a confirmed reservation. The form of payment accepted for transportation on PCO flights is credit card. Your payment is transmitted directly to PCO’s public charter depository (escrow) account at WSFS Bank, 1436 Lancaster Ave, Berwyn, PA 19312.  Your payment is additionally protected in part by a security agreement between PCO and WSFS Bank.  Unless you file a claim with PCO, or if PCO is unavailable, with WSFS Bank, within sixty (60) days of arrival (or in the case of a canceled charter, the intended date of arrival) of the last flight of your itinerary, WSFS Bank shall be released from all liability to you under the security agreement.
3. AIR TRANSPORTATION: PCO flights are operated by Tri-State Charter, LLC., or a similarly situated air carrier, using ____________ aircraft seating up to ____________ passengers or similar aircraft.  Tri-State Charter supplies air transportation subject to all applicable laws and regulations governing the provision of commercial air transportation.  PCO and Tri-State Charter reserve the right to substitute another duly-licensed carrier and/or to change the aircraft type, capacity, and routing; no refund will be given for such substitutions or changes.  Additionally, and subject to the provisions of this contract governing “Major Changes,” PCO reserves the right to change the form of service from charter flight to scheduled flight and vice versa.  Consumer protections afforded Public Charter passengers will apply only to those passengers who actually travel on a Public Charter flight.  Passengers who actually travel on scheduled flights will receive only the consumer protections applicable to scheduled service.  Tickets issued or procured by PCO are neither endorsable to other carriers nor usable on other routes of the same carrier.  Flight dates and times are not guaranteed.
4. CHECK-IN INFORMATION: Please refer to your itinerary for check-in information.  Passengers must present themselves for check-in and boarding at least 15 minutes prior to scheduled departure time.  If you are not present at the boarding area at least 15 minutes prior to scheduled departure, you will be considered a “no-show”; and your seat may be sold to a standby passenger.  In such event, neither PCO nor Tri-State Charter shall be responsible or liable for your transportation.  Please refer to Paragraph 6 below for additional information on no-shows.
5. CANCELLATIONS BY PCO, PRICE TERMS, AND MAJOR CHANGES: PCO reserves the right to cancel a trip for any reason, provided PCO notifies you in writing within seven (7) days after the cancellation occurs, but no later than ten (10) days before the scheduled departure date.  A full refund will be made within fourteen (14) days after such cancellation.  PCO WILL NOT CANCEL A TRIP LESS THAN TEN (10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLY IMPOSSIBLE TO PERFORM THE TRIP.  If such a circumstance occurs, PCO will notify you as soon as possible; and if the trip is canceled, PCO will refund all monies within fourteen (14) days.  IF PCO MAKES A PRE-DEPARTURE “MAJOR CHANGE” TO A TRIP, YOU MAY CANCEL UP TO TWENTY-FOUR (24) HOURS BEFORE DEPARTURE AND RECEIVE A FULL REFUND WITHIN FOURTEEN (14) DAYS AFTER CANCELLATION.  Only the following constitute “major changes:” (i) a change in the departure or return date unless the change results from a flight delay experienced by the air carrier, although a delay of longer than forty-eight (48) hours will always be considered a “major change;” (ii) a change in the origin or destination city; or (iii) a price increase of more than ten (10) percent occurring ten (10) or more days before departure.  If a “major change” occurs, PCO will notify you within seven (7) days after learning of the change but at least ten (10) days before the scheduled departure.  If PCO first knows of the “major change” less than ten (10) days before departure, PCO will notify you as soon as possible.  IF A “MAJOR CHANGE” WHICH YOU ARE UNWILLING TO ACCEPT OCCURS AFTER YOUR OUTBOUND FLIGHT HAS BEEN COMPLETED, PCO WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THAT PORTION OF YOUR PAYMENT WHICH APPLIES TO THE SERVICE NOT PROVIDED.  Upon such non-acceptance of a “major change” by passenger, except for providing the applicable refund as set forth herein, PCO will have no further obligation to passenger, including without limitation arranging return transportation.
6. PASSENGER CANCELLATIONS, ITINERARY CHANGES AND REFUNDS: IF YOU CANCEL OR CHANGE A CONFIRMED RESERVATION, OR IF YOU “NO SHOW” FOR A FLIGHT, YOUR RIGHT TO A REFUND IS LIMITED AS FOLLOWS:  Participant may cancel their reservation up to 24 hours prior to their flight’s scheduled departure and receive a full refund.  Cancelations within 24 hours of scheduled departure will not be refunded.  If a passenger is a “no show,” that is considered a passenger cancellation within 24 hours; and no refund will be provided.  Any refund will be made within fourteen (14) days after the date of cancellation.  If, at time of cancellation, a passenger provides a substitute participant utilizing the same itinerary, or if PCO provides the substitute, a full refund less a $25 administrative fee will be provided.  PCO shall not be deemed to have provided a substitute participant unless all seats on the flight have been initially sold out.
7. BAGGAGE ALLOWANCE AND LIABILITY: Each passenger may bring one personal item weighing no more than 10 pounds in the aircraft cabin.  Each passenger also may bring one carry-on bag, which will be placed in the aircraft baggage compartment.  Passengers may bring additional checked baggage subject to PCO’s and the air carrier’s prior approval.  Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and possible additional charges.  PCO and Tri-State Charter neither assume nor accept liability for lost, delayed, or damaged bags, except as provided in the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage and applicable treaty for international flights.
8. RESPONSIBILITY: PCO is the principal and is responsible for your flight(s).  Notwithstanding the foregoing, PCO does not operate aircraft and is not a direct air carrier.  PCO offers transportation services operated by third parties and has no responsibility or liability for any transportation provided to passenger by such third parties.  In all cases, transportation is subject to all of the terms and conditions of the respective carrier’s applicable tariff and/or contract of carriage; in the case of scheduled airline service, refer to the air transportation ticket for conditions of carriage and notice of incorporated terms, and inquire of the airline for additional details.  Air carriers and other travel suppliers are not agents or employees of PCO but are independent contractors over whom PCO has no control.  Accordingly, you hereby agree that, except as otherwise provided herein, PCO is not responsible or liable for any loss, injury, expense, damage to property or personal sickness, injury, or death that results directly or indirectly from (a) an act or omission of any air carrier or other travel supplier, or (b) any other cause or act, of whatsoever nature, beyond the direct and immediate control of PCO.  Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of PCO, PCO’s sole liability shall be to refund to you that portion of the price allocable to the services not provided.  Any deviation from the trip that you initiate is solely your responsibility.
9. IDENTIFICATION: YOU MUST PRESENT GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH YOUR NAME AS IT APPEARS ON THE PASSENGER RESERVATION LIST.  FAILURE TO PROVIDE THIS TYPE OF IDENTIFICATION COULD LEAD TO DELAY IN BOARDING OR TO DENIAL OF BOARDING, SO PLEASE BE SURE TO HAVE SUCH IDENTIFICATION (SUCH AS A DRIVER’S LICENSE) READY WHEN YOU CHECK IN.  You are responsible for obtaining all necessary travel documents (passport, visa, tourist card, immunization certificate, and any other documents as required) and for complying with the laws of each country from, through, or to which you receive transportation.  You agree to indemnify PCO for any loss, damage, or expense suffered or incurred by reason of your failure to comply with this Section 9.
10. NOTICES: All communication should be sent to PCO at the address shown in Paragraph 1 above, or by email (communications@slateaviation.com) or our website (https://www.slateaviation.com).  Notices to PCO are effective upon actual receipt by PCO.
11. APPLICABLE LAW: This contract is governed by and shall be construed under the laws of the State of Pennsylvania without regard to its conflict of laws provisions.
12. MISCELLANEOUS: PCO reserves the right to amend this contract without notice to the passenger so long as such amendment is in compliance with applicable governmental regulations or waivers thereof.  If any one or more provisions of this contract shall be found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.  THE RIGHTS AND REMEDIES MADE AVAILABLE UNDER THIS CONTRACT ARE IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE LAW; HOWEVER, ACCEPTANCE OF A REFUND FURNISHED UNDER THIS CONTRACT SHALL CONSTITUTE A WAIVER OF SUCH OTHER RIGHTS AND REMEDIES.  PARTICIPANT AGREES THAT UNDER NO CIRCUMSTANCES SHALL PCO BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) INCLUDING LOSS OF REVENUE, LOSS OF USE, OR ANTICIPATED PROFITS.  PCO has not booked, nor has a responsibility to book, hotels or provide any other accommodations.  Passenger is responsible for all costs, including excessive cleaning, associated with any damage, stains, or extraordinary wear and tear caused by, or otherwise attributed to, Passenger on any flight (“Damage Fee”). All Damage Fees will be charged to the default form of payment listed in passenger’s account.
13. INSURANCE: Trip cancellation, health, and accident insurance is available for purchase by all passengers from third-party vendors.  Options for such insurance can be sent to you upon request.  PCO DOES NOT PROVIDE LIABILITY OR ANY OTHER INSURANCE THAT EXTENDS OR IS INTENDED TO PROVIDE ANY COVERAGE, PROTECTION, OR BENEFIT TO PASSENGER BEFORE, DURING, OR AFTER ANY FLIGHT.