Contract of Carriage
Travel with Gulfstar Airways is subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket or ticket-less travel authorization, specified on Gulfstar Airways website, or published in Gulfstar Airways schedules. By accepting transportation from Gulfstar Airways and Gulfstar Air Charters all passengers agree to be bound thereby and will comply with all parts/sections of the “Membership Agreement”. Passengers and Members are one-in-the-same for F.A.A. and D.O.T. requirements. When referring to Gulfstar Airways it is automatically including Gulfstar Air Charters and vice versa.
1. Background Checks
Gulfstar Air Charters Inc and Gulfstar Airways llc reserves the right to require the completion of, and may at any time perform, a background check before providing transportation to its passengers. Passengers may be required to provide personal information such as a social security number and/or passport information in connection with this background check. Gulfstar Airways will protect the confidentiality of its passengers’ personal information as required by law. Background checks may be performed by a third party and in accordance with such third party’s policies and procedures. A passenger’s acceptance of this Agreement and delivery of the passenger’s personal information constitutes consent to Gulfstar Airways performing a background check. Gulfstar Airways reserves the right to refuse service and/or membership, at its sole discretion, to any passenger that does not comply with the request for a background check or based on the results of a background check.
2. Electronic Surveillance of Passengers and Baggage
Passengers and their baggage may be subject to inspection by Gulfstar Airways personnel or employees of the Transportation Security Agency (the “TSA”). Inspections may be conducted by hand or electronic device, with or without the passengers’ consent or knowledge. Passengers failing to consent to searches requested by Gulfstar Airways or the TSA will be denied boarding.
3. Refusal to Transport
Gulfstar Airways will refuse to transport, or will remove from an aircraft at any point, a passenger and/or their baggage in any of the following circumstances:
- Safety and Government Request or Regulation – As necessary for reasons of aviation safety; to comply with any Federal Aviation Regulation, other applicable government regulation, or any governmental request for emergency transportation in connection with the national defense; or whenever such action is necessary or advisable by reason of weather or other conditions beyond Gulfstar Airways control (including, without limitation, acts of God, force majeure, strikes, civil commotions, embargoes, wars, hostilities, or disturbances, whether actual, threatened, or reported).
- Search of Person or Property – The passenger refuses to permit the search of his or her person or property.
- Proof of Identity – The passenger refuses or fails upon request to produce valid, positive government-issued photo identification and or Gulfstar issued I.D.
Comfort and Safety – For the comfort or safety of such passenger or other passengers, where the passenger falls in any of the following categories:
- Persons whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, or violent
- Persons whose conduct is, or exhibits indications of becoming, harmful to flight safety
- Persons who are barefoot, unless necessitated by a disability or otherwise in an inappropriate state of undress
- Persons who are unable to occupy a seat with the seat belt fastened, or whose body weight exceeds load limits specified by the aircraft manufacturer
- Persons who appear to be intoxicated or under the influence of drugs
- Persons who are suspected of having a contagious disease which poses a direct threat to the health and safety of other passengers and crew
- Persons who refuse to comply with instructions given by Gulfstar Air Charters employees or Gulfstar Airways representatives
- Persons soliciting items for sale or purchase to other members
- Persons who have an offensive odor, unless that odor is caused by a qualifying disability
- Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons, except as permitted in Section 13 of this Contract of Carriage
- Manacled persons in the custody of law enforcement personnel or Persons brought into the airport in manacles
- Persons who have resisted escorts or escorted persons who express to Gulfstar Air Charters employees an objection to being transported on the flight
- Persons who have misrepresented a condition which becomes evident upon arrival at the airport, and the condition renders the passenger unacceptable for carriage
- Persons requiring special medical equipment that is not authorized or cannot be accommodated on Gulfstar Air Charters aircraft including, without limitation, medical oxygen for use on-board the aircraft, incubators, respirators, ventilators, continuous positive airway pressure machines or portable oxygen concentrators, or stretchers
- Person who are unable to safely board the aircraft and traverse the aisle to their seats without assistance and without causing injury to themselves or others
- Persons who are unwilling or unable to abide with Gulfstar Airways non-smoking rules
- Persons who are pregnant and expecting delivery within fifteen (15) days unless, the person provides a doctor’s certificate, dated within 36 hours of departure, stating that the doctor has examined and found the person to be physically fit for air transportation.
4. Pregnant Passengers
Pregnant passengers are urged to consult with their physicians regarding the safety of air travel during pregnancy, giving special consideration to complications caused by the possibility of turbulence, loss of cabin pressurization, significantly increased risk of deep vein thrombosis associated with pregnancy, and lack of ready access to medical care. By traveling with Gulfstar Airways, pregnant passengers acknowledge and accept all risks associated with travel during pregnancy.
Gulfstar Airways llc. is an “Indirect Air Carrier” and private club, supplying air transportation for paid members only and uses Gulfstar Air Charters Inc. a “Direct Air Carrier” aircraft and crews. No person shall be entitled to transportation except with a valid reservation in Gulfstar Airways booking system. No reservation shall be considered valid until Gulfstar Airways has received payment of all applicable fees in full. Such reservation shall entitle the member to transportation only between the points of origin and destination of the reservation. Passengers must check in with the appropriate Gulfstar Airways personnel located at the departure airport at least 20 minutes prior to the scheduled departure time and must be on board the aircraft and seated 5 minutes prior to departure time.
6. Ground Transportation and Parking
Gulfstar Airways does not assume responsibility for the ground transportation of any passengers or their baggage. Gulfstar Airways may, at its sole discretion, offer or promote ground transportation options in certain locations or in conjunction with certain bundled, packaged or charter services. Members and their guests are responsible for charges associated with any such ground transportation that they chose to accept. Gulfstar Airways assumes no responsibility, and all passengers waive any claims against Gulfstar Airways, relating to or in connection with any ground transportation or parking of members cars or any vehicle the member brings to the airport or that may be offered in connection with Gulfstar Airways services.
7. Carriage of Children
- Each child must be a paid member or be traveling on a guest pass.
- Children Under 16 – Children under age 16 may only travel on Gulfstar Airways when accompanied by a parent or legal guardian with documentation. Gulfstar Airways will not accept for carriage any unaccompanied children under age 16.
- Children Under 3 – Children under age 3 or weighing less than 40 pounds must be secured in a seat using an FAA-approved child restraint device.
Children Under 360 days – Gulfstar Airways will not provide transportation services to any infant 360 days of age or younger, unless an attending physician approves such infant for air travel in writing.
Gulfstar Airways will not provide transportation to any child, regardless of age, without a confirmed reservation for that child. A birth certificate may be required. PLEASE PLAN AHEAD.
8. Checked Baggage
Gulfstar Airways will accept baggage for checking from a passenger when tendered to Gulfstar Airways immediately prior to boarding the aircraft, or no earlier than two-hours before departure on the day of commencement of travel. Gulfstar Airways will not transport baggage checked by a passenger to a point beyond the destination indicated on the passenger’s reservation, to an intermediate stop or connection point, or on any flight other than the flight on which the passenger is scheduled to travel. The passenger MUST be on the same flight as the baggage.
Gulfstar Airways would like to accommodate all requests for baggage transported on our aircraft and use the average of 40 pounds. If you would like to take additional pieces of luggage or odd-sized baggage or objects, such as skis, fishing rods or golf clubs, please let us know in advance, so we can make sure we have the space. Gulfstar Airways will refuse to accept baggage for transportation if it or its contents cannot withstand ordinary handling, or if its nature, contents, or characteristics might present a security risk, cause injury or discomfort to passengers or Gulfstar Airways employees, or cause damage to the aircraft, other equipment, or other baggage. Gulfstar Airways will not transport checked baggage containing live animals or HAZMAT (Hazardous Materials). Each piece of baggage tendered to Gulfstar Airways for carriage must have affixed thereto a current identification tag or label with the passenger’s name, address, and telephone number. In its sole discretion, Gulfstar Airways may accept and store baggage for a flight to be operated on a later date, for pickup on a later date, or for shipping to another destination on a passenger’s behalf, provided that the passenger waives all liability for the loss of or damage to such baggage while in Gulfstar Airways possession.
9. Permissible Carry-on Items in Cabin
Only small personal items, such as purses, small tablet computers, reading materials and coats, jackets, wraps, or similar outer garments, are permitted in the passenger cabin of the aircraft, provided that such items are not harmful or dangerous to other passengers, the flight crew, or the aircraft. Personal items must be securely stowed or held by the passenger, and may not be placed on the floor of the aircraft during taxi, takeoff, and landing. Due to the size of the aircraft operated by Gulfstar Airways does not allow roller bags and back packs inside the cabin that cannot be properly stored during Taxi, take-off and landing. Check with your concierge before departure. Except as provided herein, animals may not be carried on the aircraft.
10. Fragile and Perishable Items as Baggage
Gulfstar Airways may, but is not obligated to, conditionally accept previously damaged, improperly packed, fragile, or perishable items for carriage as checked baggage subject to the passenger’s assumption of risk for damage to or destruction of such items.
11. Baggage – Limitation of Liability
Gulfstar Airways liability for any form of damage as a result of loss of, damage to or delay in delivery of a customer’s personal property shall be limited to the proven fair market value at the time of loss, damage or delay or its contents and will not exceed $300.00 USD per customer, except for wheelchairs and other assistive devices. Avoid packing high-value, fragile or perishable items in your checked baggage. Gulfstar Airways is not liable for loss, damage or delay in delivery of high-value, fragile or perishable items.
Gulfstar Airways will compensate the passenger for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability, provided that the damage was caused by Gulfstar Airways or occurred while the baggage was in Gulfstar Airways custody, and the passenger exercised reasonable effort to minimize the amount of damage. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will Gulfstar Airways be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets or wheels.
While Gulfstar Airways will make reasonable efforts to return carry-on items that have been left on-board an aircraft, Gulfstar Airways assumes no liability or responsibility for the loss of or damage to carry-on items.
If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in Gulfstar Airways possession, Gulfstar Airways liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation.
Passengers may not transport firearms on any Gulfstar Airways flight, whether as checked baggage or as a carry-on item, unless the passenger carrying the firearm is a law enforcement officer carrying the firearm in compliance with the requirements of 49 CFR § 1544.219(a)(1)-(3).
No claim for personal injury or death of a passenger will be entertained by Gulfstar Airways unless written notice of such claim is presented to Gulfstar Airways within five (5) days after the occurrence of the event giving rise to the claim. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be entertained by Gulfstar Airways unless preliminary written notice of such claim is presented to a Gulfstar Airways representative in person within one hour after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to Gulfstar Airways no later than ten (10) days after the occurrence of the event, giving rise to the claim. Failure to provide notice within the foregoing time limits will not bar a claim if the claimant establishes to the satisfaction of Gulfstar Airways that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time limits. No legal action on any claim described above may be maintained against Gulfstar Airways unless commenced within six months of Gulfstar Airways written denial of a claim, in whole or in part.
In all cases of injury, Gulfstar Airways liability will be strictly limited to $10,000 per passenger.
IN NO EVENT WILL GULFSTAR AIRWAYS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH A PASSENGER’S USE OF SERVICES PROVIDED BY GULFSTAR AIRWAYS OR ITS AFFILIATES, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF GULFSTAR AIRWAYS, ITS AFFILIATES AND/OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Passenger Behavior and Liability
Compliance with Instructions – At all times while on-board Gulfstar Airways aircraft, passengers shall act in a reasonable and responsible manner and comply with the directions and instructions of any flight-crew member and the Captain of the aircraft.
Smoking – Smoking with any device on-board Gulfstar Airways aircraft is prohibited by federal law, including “E” Cigarettes.
Alcohol – Federal law strictly prohibits the consumption of alcohol on Gulfstar Airways aircraft except where such alcohol is served by Gulfstar Airways personnel.
Liability – Passengers are liable to Gulfstar Airways for any damage which they cause to the aircraft or other property and for costs incurred by Gulfstar Airways due to the passenger’s medical or other emergency or the passenger’s inappropriate conduct, including costs for diversion to a different destination.
15. Carriage of Animals
Except as provided within this part, animals are not permitted on Gulfstar Airways aircraft. K-9 Service animals are permitted to accompany a passenger with a qualified disability, provided the animal can fit at the passenger’s feet without encroaching on another passenger’s space, protruding into the aisle, or blocking an exit. Service animals will not be permitted if they are not properly harnessed and under the passenger’s control at all times while on airport premises and Gulfstar Airways aircraft, or do not behave appropriately for public settings. Owner of Service animal MUST provide a doctors letter personally signed (emails or copies are not acceptable), animal License and shot records. Certain unusual service animals (e.g. snakes, other reptiles, ferrets, pigs, rodents and spiders) pose unavoidable safety and/or public health concerns and will not be allowed on Gulfstar Airways flights.
Subject to the above animal description; emotional support or psychiatric service animals will only be allowed to accompany a passenger if they weigh no more than 20 pounds. Documentation MUST be received by Gulfstar at least 72 hours before the flight on which the passenger desires to transport the animal. The passenger MUST provide to Gulfstar Airways verifiable documentation, less than (90) ninety-days old, on the letterhead of a licensed mental health professional stating: (a) the passenger has a recognized mental or emotional disability; (b) the passenger needs the emotional support or psychiatric service animal as an accommodation for air travel and/or for activity at the passenger’s destination; (c) the individual providing the assessment is a licensed mental health professional providing care to the passenger; (d) the date, type and issuing jurisdiction of the mental health professional’s license; (e) description on the particular animal that has been prescribed. Such documentation should be carried by the passenger and provided to Gulfstar Airways via email at email@example.com. Gulfstar Airways management reserves the right to refuse transportation of any animal for any reason.
16. Failure to Operate as Scheduled
Gulfstar Airways will attempt to transport passengers and their baggage promptly and as scheduled. The safety of our members and our employees is a priority and if weather is reported below a safe margin it may cause delays. Gulfstar Airways will use its best efforts to notify all affected passengers promptly of planned or unplanned schedule changes and service withdrawals. Flight schedules, however, are subject to change without notice, and the times shown in or on Gulfstar Airways schedules are not guaranteed. At times, without prior notice to passengers, Gulfstar Airways may need to substitute other aircraft or airlines and may change, add, or omit intermediate or connecting stops. Gulfstar Airways cannot guarantee that passengers will make connections to other flights of its own or those of other airlines. In the event a flight schedule changes, Gulfstar Airways will attempt to so notify affected passengers as soon as possible via the contact information provided by the passenger.
17. Compliance with Law and Governmental Regulations
All transportation is sold and all carriage is performed subject to compliance with all applicable laws and governmental regulations, including those of the U.S. Department of Transportation and the Federal Aviation Administration, many of which are not specified herein but are nonetheless binding on Gulfstar Airways and all its passenger members.
18. Waiver and Modification of Contract of Carriage
Gulfstar Airways reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Agreement without prior notice. All changes must be in writing and approved by a corporate officer of Gulfstar Airways, and except as authorized by an officer of Gulfstar Airways in writing, no employee or agent of Gulfstar Airways has the authority to modify, waive or alter any term of the Agreement or otherwise make commitments on behalf of Gulfstar Airways.
If, for any reason, any portion of the Agreement will be determined by a competent authority to be void or unenforceable, then (1) that portion will be of no effect, (2) the balance of the Agreement will remain in full force and effect, and (3) the Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
21. Conflict of Terms
22. Dress Code
The Dress Code standards are in place to ensure a higher level of enjoyment you receive while traveling and with respect to your fellow travelers. They are extremely important to us and have been established to compliment your overall experience. Management reserves the right to define “appropriate” attire. We hope that the following guidelines will assist you in making your time traveling with us as comfortable and pleasurable as possible.
- All members, family members, and guests shall be neat and wear appropriate attire at all times.
- The “Jeans in good taste” policy is strictly enforced under the following conditions: No ripped jeans, no low rise jeans, no rolled/cuff jeans, consistent color jeans.
- Flip-flop shoes are not allowed on our aircraft for safety reasons.
- Hats shall be removed while onboard our aircraft.
- Tropical style, button down shirts (silk collared, button down, with no tail) designed to be worn outside of pants are acceptable.
- Women shall not wear tube tops, halter tops, spaghetti strap tops unless covered buy a jacket or sweater.
- Shorts and skirts shall be no more than 4 inches above the knee.
The Dress Code is applicable to children age 7 and above; however, parents are responsible for ensuring that all children under 7 are appropriately and neatly dressed while on the aircraft.
CHANGES – Gulfstar Airways reserves the right to change our “Contract of Carriage” to comply with Federal Aviation Regulations, Department of Transportation laws and our own company policies. The most current version will supersede all previous versions. The most current amendment, revision or modification will be posted here on our website and the date below.
Revised: January 1, 2019