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 to 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 without notice.
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.
All prices are in U.S. dollars.
Payments may be made by debit and credit card from American Express, Diner’s Club, MasterCard, Optima or Visa.
Service Fee
We charge a service fee of $20 per airline ticket issued, which is included in the airfare price 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.
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 travel restrictions, prohibitions, warnings, announcements and travel advisories issued by the U.S. Government 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.customs.gov, www.faa.gov, www.cdc.gov, and www.dot.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.
International air travel may also be subject to the rules, treaties, tariffs, and liability limitations regarding international air carriage, as applicable, including such “International Conventions,” defined herein to include:
Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929 (“Warsaw Convention”);
Warsaw Convention as amended at The Hague, 28th September 1955 (“Hague Protocol”);
Warsaw Convention, as Amended at the Hague, 1955 and by Protocol No. 4 of Montreal, 1975 (“Montreal Protocol No. 4”)
Convention for the Unification of Certain Rules for International Carriage by Air(ICAO Doc. 9740) done at Montreal 1999, as ratified (“Montreal Convention”) (see, for example, www.icao.int/icao/en/leb/mtl99.pdf; http://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/doc).
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.
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.
Air transportation, whether it is domestic or international, is subject to the individual terms of the transporting air carriers, including but not limited to tariffs, conditions/contracts of carriage, International Conventions and arrangement or agreements, and U.S. or foreign government regulations. A supplier that is an air carrier is required to make available to the public the terms of its contract of carriage, and we make available the fare rules for all air carrier tickets before purchase.
You agree to abide by the terms and conditions of purchase imposed by any supplier 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.
You understand and agree that any violation of any such supplier’s fare rules and restrictions may result in cancellation of your reservation(s), denied boarding, revocation of frequent flyer miles and your forfeiting all monies paid.
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 of up to 50% of the ticketed fare per change. 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)' tariff may be made only through our representatives at a $150 charge per change, plus any additional monies owed to the carrier(s) due to airline fare rules, price differences, and service fees. 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 of up to $75 per 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.
The times shown on your ticket or itinerary/receipt if applicable are the departure times of the aircraft. Check-in times, as advised by your carrier, or in the airline's timetable, are the latest times at which passengers can be accepted for travel, allowing the necessary time to complete all formalities. Flights cannot be held up for passengers arriving late, and no responsibility can be accepted in such cases.
All of the fees referenced above under this Section are subject to change at any time.
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.
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.
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
Fax: 619-497-2063
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 the State’s approval.
Notice of Limited Liability for Baggage
For most international travel (including domestic portions of international journeys) liability for loss, delay, or damage to baggage may be subject to the Montreal Convention or the Warsaw Convention. Where the Montreal Convention applies, the limits of liability are as follows: (1) 1,000 Special Drawing Rights (approximately U.S. $1,470) per passenger in most cases in respect of destruction, loss of, or damage or delay to baggage; (2) 4,150 Special Drawing Rights (U.S. $6,000) per passenger in most cases in respect of damage occasioned by delay to your journey. Where the Warsaw Convention applies, the limits of liability are as follows: approximately $9.07 per pound ($20.00 per kilo) for checked baggage and $400 per passenger for unchecked baggage. 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 if a higher value is declared in advance and additional charges are paid. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel. Excess valuation may not be declared on certain types of valuable articles. Carriers assume no liability for fragile or perishable articles. Further information may be obtained from the carrier or insurance company representative. For purely interstate or intrastate air transportation, Federal rules require any limit on an airline’s baggage liability to be at least $3,000 per passenger.
Advice to International Passengers on Limitation of Liability
Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions the Montreal Convention or the Warsaw Convention may be applicable to their entire journey including the portion entirely within the countries of departure and destination. These Conventions govern and in some cases limit the liability of carriers to passengers for death or personnel injury. Where the Montreal Convention applies there are no financial limits in respect of death or bodily injury. Where the Warsaw Convention applies, the following limits of liability may apply: 16,600 Special Drawing Rights (approximately U.S. $20,000) for death or bodily injury if the Hague Protocol to the Warsaw Convention applies, or 8,300 Special Drawing Rights (approximately U.S. $10,000) if only the Warsaw Convention applies (many carriers have voluntarily waived these limits in their entirety, and U.S. regulations require that, for journeys to, from or with an agreed stopping place in the U.S., the limit may not be less than US $75,000); (2) the carrier may also be liable for damage occasioned by delay.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under the Conventions. For further information please consult your airline or insurance company representative.
Notice of Incorporated Terms of Contract
Air transportation, whether it is domestic or international (including domestic portions of international journeys) is subject to the individual terms of the transporting air carriers, which are herein incorporated by reference and made part of the contract of carriage. Other carriers on which you may be ticketed may have different conditions of carriage. International air transportation, including the carriers’ liability, may also be governed by applicable tariffs on file with the U.S. and other governments and by the Warsaw Convention, as amended, or its successor, or the Montreal Convention. Incorporated terms may include, but are not restricted to:
Passengers may inspect the full text of each term incorporated by reference at the carrier’s airport or city ticket offices, and passengers have the right, upon request at any location where the carrier’s tickets are sold within the United States, to receive free of charge by mail or other delivery service the full text of each such incorporated term.
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.
Conditions of Contract and Other Important Notices
1. If the passenger’s journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention or the Montreal Convention may be applicable. These Conventions govern and in some cases limit the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. See also notices headed “Advice to International Passengers on Limitation of Liability” and “Notice of Baggage Liability Limitations.”
2. Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention or Montreal Convention unless such carriage is not “international carriage” as defined by the Conventions.
3. To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to: (i) provisions contained in the ticket; (ii) applicable tariffs; (iii)carrier’s conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
4. Carrier’s name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier’s tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier’s name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier’s timetables as scheduled stopping places on the passenger’s route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
5. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent.
6. Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
7. Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.
8. This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier’s tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
9. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
10. Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
11. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.
CARRIER RESERVES THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR CARRIER’S TARIFFS, RULES OR REGULATIONS.
