Air by Pleasant Terms and Conditions of Sale

Welcome to the Air by Pleasant (“we,” “us,” “our,” or “ABP”) website!

Your purchase of travel products and services on this website is subject to your acceptance without modification of the following terms and conditions. By using this website to purchase travel products or services, you signify your acceptance of these terms and conditions of sale. If you do not agree to any of the following terms and conditions, you must not use this website to purchase travel products or services.

These Terms and Conditions are subject to change at any time at our sole discretion and without notice.

Reservations & Payment

Payment in full is required at the time of booking. We are not responsible for any fare increases, penalties, fuel surcharges, taxes or fees charged for reinstating a reservation due to non-payment. Prices are not subject to increase after you make full payment, except for charges resulting from increased government-imposed taxes or fees.

All prices are in U.S. dollars.

Payments may be made by debit and credit card from American Express, Diner’s Club, Discover, MasterCard or Visa.

Service Fee

We charge a service fee of $20 per Economy class and $40 per First or Business class published fare airline ticket issued, which is included in the airfare price shown but will appear as a separate charge on your credit or debit card statement. Such fee is non-refundable.

Late Bookings

We accept reservations up to the day of departure, if permitted by the air carrier tariff rules and subject to availability.

International Travel

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to read and review the US Department of State's Travel Advisory system at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov,

www.cbp.gov, www.faa.gov, www.cdc.gov, and www.transportation.gov.

By offering for sale, travel to particular international destinations, we do not represent or warrant that travel to such destinations is safe, advisable or without risk and are not liable for losses or damages that may result from travel to such destinations.

U.S. citizens are required to possess a valid passport and/or a visa for travel to international destinations and are solely responsible for all costs and to ensure that all required travel documents are complete and up-to-date for valid entry into the country. You agree that we have no liability for delays, losses, or damages that may result from improper or invalid documents for entry, exit, or length of stay to such destinations. Passengers must comply with the air carriers’ rules regarding advance check-in times required for international carriage; please consult the airlines’ contract of carriage.

No Lowest Price Guarantee

We make no representations or guarantees as to whether the prices or fares offered on this website are the lowest available. All prices or fares are subject to change without notice.

AIRLINE CONDITIONS OF CONTRACT AND OTHER IMPORTANT NOTICES.

PASSENGERS ON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (THE WARSAW CONVENTION SYSTEM), MAY APPLY TO THE ENTIRE JOURNEY, INCLUDING ANY PORTION THEREOF WITHIN A COUNTRY. FOR SUCH PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL CONTRACTS OF CARRIAGE EMBODIED IN ANY APPLICABLE TARIFFS, GOVERNS AND MAY LIMIT THE LIABILITY OF THE CARRIER.

NOTICE of Liability Limitations

The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.

Where the Montreal Convention applies, the limits of liability are as follows:

  1. There are no financial limits in respect of death or bodily injury.
  2. In respect of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,400; US $1,600) per passenger in most cases.
  3. For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately EUR 6,000; US $6,400) per passenger in most cases.

EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage.

Where the Warsaw Convention system applies, the following limits of liability may apply:

  1. 16,600 Special Drawing Rights (approximately EUR 21,200; US $22,500) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,500; US $11,200) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
  2. 17 Special Drawing Rights (approximately EUR 21; US $23) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 420; US $450) for unchecked baggage.
  3. The carrier may also be liable for damage occasioned by delay.

Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.

Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.

Notice of Contract Terms Incorporated by Reference

  1. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs.
  1. If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
  1. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
  1. The Conditions may include, but are not restricted to:
  1. Conditions and limits on the carrier’s liability for the bodily injury or death of passengers.
  2. Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods.
  3. Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.
  4. Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier.
  5. Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier.
  6. Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage.
  7. Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
  8. Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
  1. You can obtain additional information on items (a) through (h) above at any U.S. location where the transporting air carrier’s tickets are sold.
  1. You have the right to inspect the full text of each transporting carrier’s terms at its airport and city ticket offices. You also have the right, upon request, to receive free of charge the full text of the applicable terms incorporated by reference from each of the transporting carriers. Information on ordering the full text of each carrier’s terms is available at any U.S. location where the air carrier’s tickets are sold.
  1. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.

CARRIERS RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR THE CARRIER’S TARIFFS, RULES OR REGULATIONS.

YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA. PASSENGER SHALL ARRIVE AT AIRPORT BY TIME EARLY ENOUGH TO COMPLETE DEPARTURE PROCEDURES.

GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.

U.S. NOTICE—OVERBOOKING OF FLIGHTS. Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for a payment of the airline’s choosing. If there are not enough volunteers the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline’s boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries although other consumer protections may be available. Check with the airline or your travel agent.

EUROPEAN NOTICE—DENIED BOARDING/CANCELLATIONS: For all flights departing from the European Union and all flights to the European Union if on an European operating carrier, if you are denied boarding or you flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance. For further information on your air passenger rights for these flights, see http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.html.

BAGGAGE: Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier. Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier. Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin). SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR U.S. TRAVEL: For domestic travel wholly between U.S. points, federal rules require any limit on a carrier’s baggage liability to be at least US $3,500 per passenger, or the amount currently mandated by 14 CFR § 254.5.

CHECK-IN TIMES: The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding. Flight cannot be held for late-arriving passengers, and ABP accepts no responsibility in such cases.

DANGEROUS GOODS: U.S. Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative or visit http://www.tsa.gov/traveler-information/prohibited-items.

AIRCRAFT DISINSECTION: Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.

Supplier Rules and Regulations

Flight delays and other airline irregularities, although unfortunate, can occur and are completely outside our control or responsibility. In the event of a delay or other irregularities (including, without limitation, airline bankruptcy), or cancellation, the airline, not ABP, determines what actions will be taken.

You agree to abide by the terms and conditions of purchase imposed by any Supplier (as defined below) with whom you elect to deal, including but not limited to, payments of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, including terms and conditions set forth in an air carrier’s fare rules or contract of carriage. We make available the fare rules for all air carrier tickets before purchase.

You understand and agree that any violation of any such Supplier’s (as defined below) fare rules and restrictions may result in cancellation of your reservation(s), denied boarding, revocation of frequent flyer miles and other benefits, additional charges to the booker's credit card, additional charges collected at the airport, or future invoicing and your forfeiting all monies paid. The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (booking two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (booking tickets including segments which the booker does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers.

Taxes, Fees and Fare Restrictions

Rates shown include government-imposed taxes and fees.

All rates are subject to availability at time of booking, weekend/holiday seasonal supplements, blackout dates and restrictions. After tickets are issued, an Air by Pleasant processing fee of $150 per ticket will apply to a cancellation or change, in addition to airline-imposed service fees and/or re-ticketing penalties, plus any additional monies owed to the carrier(s) due to fare differentials. Changes are subject to availability and airline fare rules. Applicable fare rules may not allow changes or refunds.

After commencement of travel, changes in return transportation, to the extent permitted by the carrier’s fare rules, may be made only through our representatives at a $150 charge per ticket, in addition to airline-imposed service fees and/or re-ticketing penalties, plus any additional monies owed to the carrier(s) due to fare differentials. No changes in air routing can be made once travel commences.

Tickets are non-transferable. Name changes are strictly prohibited by the airlines. Please ensure the accuracy of the name(s) provided. For international itineraries, the name given must match the name as it appears on the traveler’s passport. You agree that we shall have no liability for delays, losses, or damages that may result if you provide us with an incorrectly spelled name(s).

Additional airline restrictions, including but not limited to baggage limitations, standby policies and overbooking of flights may apply.

Some airlines may impose additional fees for the first and/or second checked bag. Click here for more information on airline baggage fees. Please contact your airline directly or refer to its website for additional information regarding your airline’s checked baggage policies.

All of the fees referenced herein are subject to change at any time.

Responsibility–ABP’S LIMITATION OF LIABILITY

THE SUPPLIERS PROVIDING TRAVEL PRODUCTS AND SERVICES ("SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND/OR OPERATORS AND ARE NOT AGENTS, AFFILIATES, REPRESENTATIVES OR EMPLOYEES OF ABP, OR ANY OF ITS SUBSIDIARIES, RELATED COMPANIES, OR PARENTS ("ABP PARTIES"). ABP HAS NO OWNERSHIP INTEREST IN ANY SUPPLIER. ABP DOES NOT OPERATE AS AN AIR CARRIER IN ANY CAPACITY, EITHER DIRECTLY OR INDIRECTLY. ANY USE OF THE ABP NAME BY A SUPPLIER IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT CONSTITUTE OWNERSHIP, AGENCY, SUPERVISION OR CONTROL BY ABP. ALL DOCUMENTATION, RECEIPTS AND TICKETS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY THE SUPPLIER. BY UTILIZING THE SERVICES OF THE SUPPLIERS, YOU AGREE THAT NEITHER ABP NOR ANY OF THE ABP PARTIES SHALL BE LIABLE FOR (1) ANY ACCIDENT, LOSS, INJURY OR DAMAGE TO YOU OR TO THOSE TRAVELING WITH YOU (INCLUDING WITHOUT LIMITATION ANY LOSS, INJURY OR DAMAGE WHETHER FORESEEABLE/UNFORESEEABLE, KNOWN/UNKNOWN, DIRECT OR CONSEQUENTIAL) IN CONNECTION WITH ANY TRANSPORTATION OR OTHER TRAVEL PRODUCTS OR SERVICES OR RESULTING DIRECTLY OR INDIRECTLY FROM ANY OCCURRENCES OR CONDITIONS INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR UNINTENTIONAL ACTS, NEGLIGENCE OR GROSS NEGLIGENCE, OMISSIONS OR FAILURE TO ACT, DEFECTS IN VEHICLES, EQUIPMENT MALFUNCTION, STRIKES, "ACTS OF GOD," RIOTS, TERRORIST ACTS OR THREATS, WARS, ACTS OF GOVERNMENTAL AUTHORITY, THEFT, DELAYS, WEATHER CONDITIONS, ENVIRONMENTAL CONDITIONS, CANCELLATIONS OR CHANGES IN ITINERARIES OR SCHEDULES, OR (2) LOSS OR DAMAGE TO PROPERTY OR ANIMALS TRAVELING WITH YOU, CAUSED BY REASON OF ANY ACT OR OMISSION, INTENTIONAL, NEGLIGENT OR OTHERWISE (AS REFERENCED IN SUBPARAGRAPH (1) HEREIN) BY ABP OR SUCH THIRD PARTY SUPPLIERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABP SHALL NOT BE RESPONSIBLE FOR LOSS, DAMAGE OR DELAY OF BAGGAGE. ABP MAKES NO IMPLIED OR EXPRESS WARRANTIES IN THE OFFERING OF ANY TRAVEL PRODUCTS OR SERVICES described in these materials. BY MAKING A BOOKING ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU ARE NOT RELYING ON ANY REPRESENTATION OR STATEMENTS MADE BY ABP OR ANY AGENT OR PURPORTED REPRESENTATIVE OF ABP, EXCEPT THOSE STATED HEREIN.

Remember that all travel documents and required personal identification, as well as compliance with agricultural regulations, are your responsibility. The terms under which you agree to purchase travel cannot be changed or amended except in writing, signed by an authorized officer of ABP. Airlines may not be responsible for any act, omission or event during the time you are not on board their aircraft or otherwise in the course of embarking or disembarking the aircraft. For a complete statement of the airline terms of carriage that govern your travel, please consult the airline contract of carriage, which shall constitute the sole agreement between you and the airline. Note that some itineraries and contracts of carriage may require that the passenger timely notify the airline of a claim for such claim to be valid.

By making a booking on this website, you acknowledge that in all events, we shall not be liable for any incidental or consequential damages and that the sole extent of our liability to you shall never exceed the amount actually paid by you to us.

Arbitration

Any dispute arising out of, or relating to, any travel products or services offered on the ABP website shall be submitted to binding arbitration under the Federal Arbitration Act. To the extent that the Federal Arbitration Act either is inapplicable, or held not to require arbitration of a particular claim or claims, California law pertaining to agreements to arbitrate shall apply and the arbitration shall be conducted under the terms of the California Code of Civil Procedure. The binding arbitration shall take place in or near the County of Ventura, State of California. Each party shall pay for its own costs, arbitration fees and attorneys' fees, if any.

Customer Service

If you have questions or need assistance, you may contact our Customer Service Team as indicated below:

Air by Pleasant
2440 Hotel Circle North, Suite 240
San Diego, CA 92108
Attention: Customer Service Team
Phone: (866) 378-0170
E-Mail: AbPWEB@pleasant.net

Seller of Travel

Pleasant Holidays, LLC, dba Air by Pleasant, is a registered seller of travel in each of the states listed below:

California Registration Number 1007939-10

Hawaii Registration Number TAR-5308

Washington Registration Number 601915263

Registration as a Seller of Travel in California does not constitute approval by the State of California.

For customers who purchase from within the State of California: This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC's website at: www.tcrcinfo.org. For customers purchasing from outside of California: This transaction is not covered by the California Travel Consumer Restitution Fund.

Notice to Residents of the State of Washington: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date