Ascend Travel Company LLC Operator Participant Contract

1.  GENERAL: When you purchase a seat on an Ascend Travel Company LLC flight, a contract is made and each party has certain rights and obligations as set forth below.  Ascend Travel Company LLC, 14101 Marquesas Way, Apt 4313, Marina del Rey 90292 is the authorized Public Charter operator (Ascend).  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 Ascend itinerary and/or your accepted reservation, and are incorporated herein by reference. Unless otherwise specified, the price includes only air transportation.  For package purchases, each package includes the specific components listed at the time of purchase (e.g., roundtrip charter flight, ground transportation, accommodations, tailgate, if applicable). These services are offered as a bundled experience and are not priced individually. Refunds or credits will not be issued for unused portions of the package, except as required by DOT regulation. 

2. RESERVATIONS AND PAYMENT: Reservations may be made directly with Ascend. Unless and until full payment has been made, you do not have a confirmed reservation.  The forms of payment accepted for transportation on Ascend’s flights are check, credit card, or ACH transfer.  Your payment is transmitted directly to Ascend’s public charter depository (escrow) account at CrossFirst Bank, 4582 S Ulster Street, Suite 150. Denver, CO 80237; PAYMENTS BY CHECK MUST BE MADE PAYABLE TO CROSSFIRST BANK OR TO YOUR TRAVELAGENCY, WHICH MUST IN TURN MAKE ITS CHECK PAYABLE AS SPECIFIED ABOVE.  Your payment is additionally protected in part by a security agreement between Ascend and CrossFirst Bank.  Unless you file a claim with Ascend, or if Ascend is unavailable, with CrossFirst 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, CrossFirst Bank shall be released from all liability to you under the security agreement. 

3.  AIR TRANSPORTATION: Ascend flights are operated by Sun Country Airlines (Carrier) using Boeing 737-800 seating 183 passengers.  Carrier supplies air transportation subject to all applicable laws and regulations governing the provision of commercial air transportation.  Ascend and Carrier 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,” Ascend 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 Ascend are neither endorsable to other carriers nor usable on other routes of the same carrier.  Flight dates and times are not guaranteed. 

4.  CODE OFCONDUCT: Participants are expected to behave in a respectful and responsible manner throughout the duration of the trip, including during flights, hotel stay, ground transportation, tailgate, and related events. Ascend and Carrier reserve the right to deny boarding or remove any participant whose behavior is disruptive, intoxicated, or otherwise jeopardizes the safety or experience of others, except as provided by Part 382, DOT’s rules governing accommodations for passengers with disabilities. No refunds will be issued in such cases. 

Participants must be at least 21 years old to consume alcohol. Ascend reserves the right to refuse the service of alcohol to any participant at any time, for any reason, without explanation. All participants must adhere to appropriate standards of conduct. Ascend retains the right, in its sole discretion, to remove or bar any individual from any portion of the trip if their behavior is deemed inappropriate, unsafe, disruptive, or in violation of trip policies. No refunds will be provided in these cases.

5.  CHECK-ININFORMATION: Please refer to your itinerary for check-in information. Passengers must present themselves for check-in at least 90 minutes prior to scheduled departure time.  If you are not present at the boarding area at least 45 minutes prior to scheduled departure, you will be considered a “no-show;” and the plane will not be delayed to accommodate your tardiness.   Ascend is not responsible for delays or costs incurred due to a participant's tardiness or failure to follow provided instructions.  In such event, neither Ascend nor Carrier shall be responsible or liable for your transportation.  Please refer to Paragraph 7 below for additional information on no-shows. Participants are responsible for ensuring they arriving on time for all scheduled components of the experience, including flights, ground transportation (such as charter buses), and any planned group events. Failure to arrive at the designated check-in time may result in missed transportation or denied admission without refund. Ascend is not responsible for delays or costs incurred due to a participant's tardiness or failure to follow provided instructions. 

6. CANCELLATIONS BY ASCEND, PRICE TERMS, AND MAJOR CHANGES: Ascend reserves the right to cancel a trip for any reason, provided Ascend 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.  ASCEND WILL NOT CANCEL A TRIP LESS THAN TEN(10) DAYS BEFORE DEPARTURE, EXCEPT FOR CIRCUMSTANCES THAT MAKE IT PHYSICALLYIMPOSSIBLE TO PERFORM THE TRIP.  If such a circumstance occurs, Ascend will notify you as soon as possible; and if the trip is canceled, Ascend will refund all monies within fourteen (14) days.  IF ASCEND MAKES A PRE-DEPARTURE “MAJORCHANGE” TO A TRIP, YOU MAY CANCEL UP TO TWENTY-FOUR (24) HOURS BEFORE DEPARTUREAND 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; (iii) a substitution of any hotel that is not named in the participant agreement; or (iv) a price increase of more than ten (10) percent occurring ten (10) or more days before departure.  If a “major change” occurs, Ascend will notify you within seven (7) days after learning of the change but at least ten (10) days before the scheduled departure. If Ascend first knows of the “major change” less than ten (10) days before departure, Ascend will notify you as soon as possible.  IF A “MAJOR CHANGE” WHICH YOU ARE UNWILLINGTO ACCEPT OCCURS AFTER YOUR OUTBOUND FLIGHT HAS BEEN COMPLETED, ASCEND WILL REFUND, WITHIN FOURTEEN (14) DAYS AFTER YOUR SCHEDULED RETURN DAY, THAT PORTION OF YOUR PAYMENT WHICH APPLIES TO THE SERVICE NOT PROVIDED. 

7. 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: A full refund less a $250 fee will be given in the case of a passenger cancellation provided notice of the cancellation is received by Ascend at least 60 days prior to the passenger’s originally scheduled date of departure.  If such notice is received less than 60 days but more than 30 days prior to the originally scheduled date of departure, a 50%refund will be provided.  If such notice is received within 30 days of the originally scheduled date of departure, no refund will be provided. Cancellations and change requests should be made by calling and/or emailing Ascend at 818-297-7625 and ryan@ascend-travel.com.  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 Ascend provides the substitute, a full refund less a $25 administrative fee will be provided.  Ascend shall not be deemed to have provided a substitute participant unless all seats on the flight have been initially sold out.  A passenger may transfer their trip to another person with notice in writing to Ascend, subject to Ascend’s approval, no less than 96 hours before the originally scheduled time of departure. 

8.  BAGGAGE ALLOWANCE AND LIABILITY: Checked baggage allowance is 66 pounds per paying passenger for all trips.  Each passenger also may carry one carry-on bag and one personal item in the aircraft cabin.  TSA requires that passengers are allowed to bring one small bag of liquids, aerosols, gels, creams, and pastes through the checkpoint with your carry-on bag.  These are limited to 3.4 ounces or less per container.  Any overweight or oversized luggage (larger than suitcase size) will be carried, if at all, subject to load restrictions and possible additional charges.  Ascend and Carrier 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. 

9. RESPONSIBILITY:  Ascend is the principal and is responsible for making arrangements to provide the services included in the trip.  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.  Airlines and other travel suppliers are not agents or employees of Ascend but are independent contractors over whom Ascend has no control.  Accordingly, you hereby agree that, except as otherwise provided herein, Ascend 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 Ascend.  Ascend shall not be held liable for delays, changes, or cancellations caused by events beyond its reasonable control, including but not limited to weather, natural disasters, pandemics, governmental actions, labor strikes, or game/event cancellation or rescheduling. In such cases, Ascend will make reasonable efforts to reschedule or reaccommodate participant, if requested by participant but at the sole cost and expense of participant.  Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of Ascend, Ascend’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. 

10. IDENTIFICATION: YOU MUST PRESENT TSA-APPROVED GOVERNMENT-ISSUED PHOTO IDENTIFICATION BEFORE BOARDING; SUCH IDENTITY DOCUMENT SHOULD MATCH YOUR NAME AS IT APPEARS ONTHE PASSENGER RESERVATION LIST.  FAILURETO 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 ADRIVER’S LICENSE) READY WHEN YOU CHECK IN.
 

11.  MEDIA RELEASE: By participating in this experience, you grant Ascend the right to photograph, record, and use your likeness in marketing materials, social media, and promotional content, without compensation. If you prefer not to be included, please notify us in writing prior to the trip. 

12. COMMUNICATION CONSENT: By purchasing a package, you consent to receive trip-related communications from Ascend via email, SMS, or phone. You may opt out of marketing communications at any time, but operational messages (e.g., travel updates) are required for participation 

13.  HEALTH ANDSAFETY: Participants acknowledge the inherent risks of travel and large events, including potential exposure to illness. You agree to comply with any health or safety protocols issued by Ascend, the carrier, or the venue. Ascend assumes no liability for health outcomes resulting from participation. 

14. NOTICES:
All communication should be sent to Ascend at the address shown in Paragraph 1 above, or by email to ryan@ascend-travel.com.  Notices to Ascend are effective upon actual receipt by Ascend. 

15.  DISPUTE RESOLUTION:  In the event of a dispute arising from this agreement or your participation in the charter experience, you agree to attempt resolution through informal negotiation first.  

16. MISCELLANEOUS:  Ascend 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.  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 ASCEND 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. 

17. INSURANCE:  Trip cancellation, health, and accident insurance is available for purchase from third-parties by all passengers.  Details of this insurance will be sent to you upon request.