Common use of Application of Contract Clause in Contracts

Application of Contract. A. These Rules constitute the conditions of carriage upon which Tradewind Aviation, LLC. “TRADEWIND” agree to provide Domestic and International Carriage and are expressly agreed to by the Passenger. These Rules are also the tariffs filed by Tradewind in accordance with certain government regulations. These terms and conditions apply to flights numbered TJ 100- TJ 500. B. This Contract of Carriage is subject to applicable laws, regulations, rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between the Rules contained herein and such government laws, regulations, rules, security directives and their corresponding effects on Tradewind’s operation, the latter shall prevail. C. Whether a Ticket for transportation on Tradewind was sold by Tradewind or its authorized agents (including other carriers acting on behalf of Tradewind), the rules herein is applicable to transportation only on Tradewind. Under arrangements with Tradewind, Independent carriers may provide Interline Transportation or Code-share services. Travel on those independent carriers is subject to the terms and conditions of the contract of carriage of the independent carriers, which may differ from Tradewind’s Contract of Carriage. D. International Carriage is subject to the rules relating to liability and to all other provisions of the Warsaw Convention. E. Except as otherwise provided within specific fare rules, transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued. References to pages, rules, items and notes are coterminous and include revisions, supplements and reissues thereof. F. Where the Ticket has been purchased and issued before the effective date of an increase in the applicable fare, the increase will not be collected, provided there is no change in Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether an increase results from a change in fare level, a change in conditions governing the fare or a cancellation of the fare itself. G. Tradewind will be responsible for the furnishing of transportation only over its own lines. When Tradewind undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier (whether or not such transportation is part of a through service), Tradewind will act only as agent for the other carrier and will assume no responsibility for the acts or omissions of such other carrier. H. The terms and conditions specified in this Contract may be altered, amended, modified, appended, deleted, or otherwise changed without advance notice. I. No employee or agent of Tradewind has the authority to alter, modify, or waive any provision of the Contract of Carriage unless authorized by a corporate officer. Tradewind’s appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, rules, and regulations of Tradewind. Failure or delay on the part of either party to exercise any right or power herein shall not operate as a waiver thereof. J. Liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under these rules. K. Tradewind’s obligations hereunder extend only to the Ticketed Passenger. There are no third party beneficiaries to these rules. L. Except where provided otherwise by law, Tradewind’s conditions of carriage, rules and tariffs are subject to change without notice, provided that no such change shall apply to Tickets issued prior to the effective date of such change. M. The invalidity of any provision herein by local law shall not affect the validity of any other provision that shall remain in full force and effect. N. If Tradewind makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if Tradewind issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, Tradewind acts only as Passengers’ agent in doing so. The terms and conditions of the third party service provider will apply.

Application of Contract. A. ‌ A) These Rules rules constitute the conditions of carriage upon which Tradewind Aviation, LLC. “TRADEWIND” agree UA agrees to provide Domestic and International Carriage and are expressly agreed to by the Passenger. These Rules are also the tariffs filed by Tradewind UA in accordance with certain government regulations. These terms and conditions apply to flights numbered TJ 100- TJ 500. B. B) This Contract of Carriage is subject to applicable laws, regulations, rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between the Rules contained herein and such government laws, regulations, rules, security directives and their corresponding effects on TradewindUA’s operation, the latter shall prevail. C. Whether a Ticket for transportation on Tradewind was sold by Tradewind or its authorized agents (including other carriers acting on behalf of Tradewind), the C) The rules herein is are applicable to transportation only of Passengers and Baggage provided by UA. See Rule 18 regarding application of these rules to Codeshare services provided by UA on Tradewind. Under arrangements with Tradewind, Independent carriers may provide Interline Transportation or Code-share services. Travel on those independent carriers is subject to the terms and conditions of the contract of carriage of the independent carriers, which may differ from Tradewind’s Contract of Carriageflights operated by a carrier other than UA. D. D) Certain International Carriage is subject to the rules relating to liability established by, and to all other provisions of the Warsaw Conventionand/or Montreal Conventions. Any provisions of these rules that are inconsistent with any provision of the applicable Convention shall, to that extent, but only to that extent, be inapplicable to International Carriage. E. E) Except as otherwise provided within specific fare rules, transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued. References to pages, rules, items and notes are coterminous and include revisions, supplements and reissues thereof. F. F) Where the Ticket has been purchased and issued before the effective date of an increase in the applicable fare, the increase will not be collected, provided there is no change in Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether an increase results from a change in fare level, a change in conditions governing the fare or a cancellation of the fare itself. G. Tradewind will be G) UA is responsible only for the furnishing transportation of transportation only over its own linesPassengers and Baggage provided by UA, which includes Codeshare services provided by UA on flights operated by a carrier other than UA. See Rule 18 regarding application of these rules to Codeshare services. When Tradewind UA undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), Tradewind UA will act only as agent for the other carrier in these limited capacities, and will assume no responsibility for the acts or omissions of such other carrier, including but not limited to providing flight status information, delays and other acts or omissions that arise from their flight operations. H. The terms and conditions specified in this Contract may be altered, amended, modified, appended, deleted, or otherwise changed without advance notice. I. H) No employee or agent of Tradewind UA has the authority to alter, modify, or waive any fare rules or any provision of the Contract of Carriage unless authorized by a corporate officerofficer of UA. TradewindUA’s appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, rules, and regulations of TradewindUA. Failure or delay on the part of either party to exercise any right or power herein shall not operate as a waiver thereof. J. Liable I) Unless specifically stated otherwise herein or where any limitation would expressly violate any applicable law, UA shall not be liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under these rules. K. TradewindJ) UA’s obligations hereunder extend only to the Ticketed Passenger. There are no third party beneficiaries to these rules. L. K) Except where provided otherwise by law, TradewindUA’s conditions of carriage, rules and tariffs are subject to change without notice, provided that no such change shall apply to Tickets issued prior to the effective date of such change. M. L) The invalidity of any provision herein by local law shall not affect the validity of any other provision that shall remain in full force and effect. N. M) If Tradewind UA makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if Tradewind UA issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, Tradewind UA acts only as Passengers’ ' agent in doing so. The terms and conditions of the third party service provider will apply. N) Except as otherwise provided below, fare rule provisions, local or joint fares, including Arbitraries, contained in the On-line Tariff Database maintained by Airline Tariff Publishing Company on behalf of UA is considered to be part of International Passenger Rules and Fares Tariff No. IPR-2, C.A.B. Xx. 000, XXX(X) Xx. 000.X EXCEPTION: For Fares Published by Rule, see C.A.B. Xx. 000, XXX(X) Xx. 000.

Application of Contract. A. These Rules constitute the conditions of carriage upon which Tradewind Aviation, LLC. “TRADEWIND” agree to provide Domestic and International Carriage and are expressly agreed to by the Passenger. These Rules are also the tariffs filed by Tradewind in accordance with certain government regulations. These terms and conditions apply to flights numbered TJ 100- TJ 500TJ0000- TJ9999. B. This Contract of Carriage is subject to applicable laws, regulations, rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between the Rules contained herein and such government laws, regulations, rules, security directives and their corresponding effects on Tradewind’s operation, the latter shall prevail. C. Whether a Ticket for transportation on Tradewind was sold by Tradewind or its authorized agents (including other carriers acting on behalf of Tradewind), the rules herein is applicable to transportation only on Tradewind. Under arrangements with Tradewind, Independent carriers may provide Interline Transportation or Code-share services. Travel on those independent carriers is subject to the terms and conditions of the contract of carriage of the independent carriers, which may differ from Tradewind’s Contract of Carriage. D. International Carriage is subject to the rules relating to liability and to all other provisions of the Warsaw Convention. E. Except as otherwise provided within specific fare rules, transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued. References to pages, rules, items and notes are coterminous and include revisions, supplements and reissues thereof. F. Where the Ticket has been purchased and issued before the effective date of an increase in the applicable fare, the increase will not be collected, provided there is no change in Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether an increase results from a change in fare level, a change in conditions governing the fare or a cancellation of the fare itself. G. Tradewind will be responsible for the furnishing of transportation only over its own lines. When Tradewind undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier (whether or not such transportation is part of a through service), Tradewind will act only as agent for the other carrier and will assume no responsibility for the acts or omissions of such other carrier. H. The terms and conditions specified in this Contract may be altered, amended, modified, appended, deleted, or otherwise changed without advance notice. I. No employee or agent of Tradewind has the authority to alter, modify, or waive any provision of the Contract of Carriage unless authorized by a corporate officer. Tradewind’s appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, rules, and regulations of Tradewind. Failure or delay on the part of either party to exercise any right or power herein shall not operate as a waiver thereof. J. Liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under these rules. K. Tradewind’s obligations hereunder extend only to the Ticketed Passenger. There are no third party beneficiaries to these rules. L. Except where provided otherwise by law, Tradewind’s conditions of carriage, rules and tariffs are subject to change without notice, provided that no such change shall apply to Tickets issued prior to the effective date of such change. M. The invalidity of any provision herein by local law shall not affect the validity of any other provision that shall remain in full force and effect. N. If Tradewind makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if Tradewind issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, Tradewind acts only as Passengers’ agent in doing so. The terms and conditions of the third party service provider will apply.

Application of Contract. A. A) These Rules rules constitute the conditions of carriage upon which Tradewind Aviation, LLC. “TRADEWIND” agree CO agrees to provide Domestic and International Carriage and are expressly agreed to by the Passenger. These Rules are also the tariffs filed by Tradewind CO in accordance with certain government regulations. These terms and conditions apply to flights numbered TJ 100- TJ 500. B. B) This Contract of Carriage is subject to applicable laws, regulations, rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between the Rules contained herein and such government laws, regulations, rules, security directives and their corresponding effects on TradewindCO’s operation, the latter shall prevail. C. Whether a Ticket for transportation on Tradewind was sold by Tradewind or its authorized agents (including other carriers acting on behalf of Tradewind), the C) The rules herein is are applicable to transportation only of Passengers and Baggage provided by CO. See Rule 18 regarding application of these rules to Codeshare services provided by CO on Tradewind. Under arrangements with Tradewind, Independent carriers may provide Interline Transportation or Code-share services. Travel on those independent carriers is subject to the terms and conditions of the contract of carriage of the independent carriers, which may differ from Tradewind’s Contract of Carriageflights operated by a carrier other than CO. D. D) Certain International Carriage is subject to the rules relating to liability established by, and to all other provisions of the Warsaw Conventionand/or Montreal Conventions. Any provisions of these rules that are inconsistent with any provision of the applicable Convention shall, to that extent, but only to that extent, be inapplicable to International Carriage. E. E) Except as otherwise provided within specific fare rules, transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued. References to pages, rules, items and notes are coterminous and include revisions, supplements and reissues thereof. F. F) Where the Ticket has been purchased and issued before the effective date of an increase in the applicable fare, the increase will not be collected, provided there is no change in Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether an increase results from a change in fare level, a change in conditions governing the fare or a cancellation of the fare itself. G. Tradewind will be G) CO is responsible only for the furnishing transportation of transportation only over its own linesPassengers and Baggage provided by CO, which includes Codeshare services provided by CO on flights operated by a carrier other than CO. See Rule 18 regarding application of these rules to Codeshare services. When Tradewind CO undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier on an interline basis (whether or not such transportation is part of a through service), Tradewind CO will act only as agent for the other carrier and will assume no responsibility for the acts or omissions of such other carrier. H. The terms and conditions specified in this Contract may be altered, amended, modified, appended, deleted, or otherwise changed without advance notice. I. H) No employee or agent of Tradewind CO has the authority to alter, modify, or waive any provision of the Contract of Carriage unless authorized by a corporate officerofficer of CO. TradewindCO’s appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, rules, and regulations of TradewindCO. Failure or delay on the part of either party to exercise any right or power herein shall not operate as a waiver thereof. J. Liable I) Unless specifically stated otherwise herein or required by law, CO shall not be liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under these rules. K. Tradewind’s . J) CO's obligations hereunder extend only to the Ticketed Passenger. There are no third party beneficiaries to these rules. L. Except where provided otherwise by law, Tradewind’s conditions of carriage, rules and tariffs are subject to change without notice, provided that no such change shall apply to Tickets issued prior to the effective date of such change. M. The invalidity of any provision herein by local law shall not affect the validity of any other provision that shall remain in full force and effect. N. If Tradewind makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if Tradewind issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, Tradewind acts only as Passengers’ agent in doing so. The terms and conditions of the third party service provider will apply.