Terms of Service

Welcome to EpicAirways.com! These Terms of Service (“Terms“), together with our Privacy Policy, constitute a written contract (the “Agreement“) between you and Epic Aviation, Inc. dba Epic Airways (“Epic,” “Company,” “we,” or “us“) governing your use of www.epicairways.com (the “Website“) and/or any other mobile apps, sites, services or software provided by us (collectively, the “Service“). You acknowledge and agree that by registering, accessing, or using our Service that you are entering into a legally binding contract with Epic. If you do not agree with our Terms or Privacy Policy, please do not use this Website or any associated Service. These Terms are incorporated by reference into any quotes or other agreements offered to you by Epic Aviation.

By using the Service, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old.

These Terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. Please review Section 6 for full details.

YOU/USERS

Epic offers services including flight chartering and cargo chartering. For your convenience, we have split our Terms into different sections to address each service separately. Please review the section specific to you and your use(s) of our Service:

General Terms – Applicable to all types of users.

Flight Charter Customers – Individuals using the Website or Service to book a charter flight.

Cargo Charter Customers – Individuals using the Website or Service to charter shipment of cargo.

GENERAL TERMS FOR ALL USERS

1. PRIVACY POLICY

We take your privacy very seriously; as such, our Privacy Policy is an important part of this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide the Service.

2. QUALIFICATIONS

You must be at least eighteen (18) years old to create an account on the Website or use the Service. This restriction applies to all users, including those using the Service to charter a flight and/or charter cargo shipments.

3. YOUR USE OF THE SERVICE

License to Use the Service

Subject to your compliance with this Agreement, Epic grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service. The license allows you to use the Service, but does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Service without our prior express written consent. All rights not expressly granted in this Agreement are reserved by Epic.

Your Account

To use parts of the Service, you must create an account (your “Account“). You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Epic immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and license to use the Service, or take such other action as we deem necessary, in our discretion at any time for your suspected or actual breach of this Agreement or any applicable law.

Your Content

You may be authorized to post photos from your travels on the Website’s forum (collectively, “Content“). You are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates the Prohibited Conduct section below. If you do one of these things, we may remove your Content—but we have no obligation to do so and we do not review user content as a matter of practice.

License to Display Your Content

You are always the owner of your Content; however, Epic requires the following license from you in order to be able to display your Content on the Website as expressly permitted by you—for example, to make your photos visible to others:

You grant to Epic a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or created in the future.

You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Other Users’ Content

Epic respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances.

If you believe Content located on or linked to the Website violates your copyright, please immediately notify us by emailing us a DMCA takedown notice (“Infringement Notice“), providing the information described below. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available at the most recent email address they provided to us.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Website infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Epic to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

All Infringement Notices should be sent to communications@epicairways.com with the subject line “DMCA Notice”. If you believe your Content was removed by mistake, we also encourage you to contact us.

Epic will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

Prohibited Conduct

Epic imposes certain restrictions on your use of the Service. By using or accessing the Service, you represent warrant, and agree that you will not:

  1. provide any false, misleading, or inaccurate information, create more than one Account, transfer your Account, create an Account for anyone other than yourself, or create an Account without authorization;
  2. do anything that could disable, overburden or impair the proper working order of the Website or Service;
  3. attempt to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization;
  4. use any robot, spider, scraper or other automated means to access the Website; 
  5. send spam or any other unauthorized advertisements or solicitations through or using the Website or Service; 
  6. harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses; 
  7. solicit private information (including passport information, social security numbers, credit card numbers and passwords) from users; 
  8. use the Website, Services, or your Account for any commercial purpose; 
  9. intimidate or harass users; 
  10. do anything that is illegal, infringing, fraudulent, malicious or could expose us or users to harm or liability including, without limitation, violating any law or prison rule or regulation or assisting an inmate in doing so; or 
  11. attempt, encourage or facilitate any of the above.

4. INTELLECTUAL PROPERTY

Epic Airways, the Epic Airways logo, the Epic Airways website domain(s), and all content and other materials available through the Website and Service, exclusive of third-party content and user content (collectively, the “Company IP“) are the trademarks, copyrights, and intellectual property of and owned by Epic Aviation, Inc. or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated because of your use of the Service will inure to the benefit of Epic, and you agree to assign, and do assign, all such goodwill to Epic. You shall not at any time, nor shall you assist others to, challenge Epic’s right, title, or interest in, or the validity of, the Company IP.

5. PAYMENT

You agree to pay Epic all fees associated with your use of the Service (“Fees“), as indicated to you at the time you agree to such Fees (such as when you receive a charter quote or during the checkout process). All transmissions of payment information through the Website are secured with Internet-standard TLS (also known as HTTPS) encryption. Epic does not verify account information, process any payments, or store your billing information itself; instead, these services are provided through the Website by Epic’s trusted Third Party “Payment Processors,” and you may be redirected to their website and/or required to agree to separate third party terms to complete your payment transaction.

6. DISPUTE RESOLUTION

This section governs any dispute between you and us, and how that dispute will be legally resolved, if necessary. Remember these dispute resolution provisions only apply to disputes between you and Epic.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of Florida without regard to its conflict of law principles.

Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to New Smyrna Beach, Florida (a “Court of Competent Jurisdiction“). You and Epic stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

Arbitration

If you and Epic cannot resolve a dispute through negotiations, either one may choose to have the dispute exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

Arbitration is an alternative dispute resolution procedure that is often faster and more final than litigating a matter in court. By agreeing to arbitration, we are each giving up our right to sue in court or to have a jury trial.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Epic agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Epic agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Epic, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Epic initiates arbitration against you, Epic shall pay all costs associated with the arbitration. Regardless, you and Epic will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.

The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.

No Class Actions Allowed

You and Epic agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed.This means that you cannot participate in any sort of representative proceeding against Epic, including as a plaintiff or class member in any purported class action.

Court Action to Assist Arbitration

Even though we are agreeing to arbitration, you and Epic will both be allowed to seek relief from a Court of Competent Jurisdiction in aid of arbitration. For example, a court proceeding would be allowed to stay a court action, compel arbitration, confirm an arbitration award, or seek injunctive relief, whether temporary or permanent.

7. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. Epic reserves the right to change this Agreement and the Privacy Policy at any time upon notice to you (including by posting a new version or sending you a change notice to your email address of record, where required by law). It is your responsibility to review this Agreement and the Privacy Policy periodically.

8. TERMINATION OF SERVICE/ACCESS

We reserve the right to change the contents of this Website or to discontinue or change the Service at any time, as well as the right to deny access to the Website to any person whom we have reasonable grounds to believe may be using the Website for an unlawful or unauthorized purpose or in a manner that may harm us. Epic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service made available through this Website. Sections intended to survive, including regarding dispute resolution, disclaimers, limitations of warranties and liability, intellectual property (other than your license to use the Service), and miscellaneous terms, shall expressly survive any termination of this Agreement.

9. ASSUMPTION OF RISK; INDEMNIFICATION

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Epic and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, relating to your actions, or use of the Service.

10. DISCLAIMERS, LIMITATIONS OF LIABILITY

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, EPIC, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER EPIC NOR ITS LICENSORS OR SUPPLIERS’ WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. EPIC DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE WEBSITE OR SERVICE PURSUANT TO THIS AGREEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPIC OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EPIC AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

EPIC’S LIABILITY FOR ANY CLAIM MADE BY A USER RELATING TO THE SERVICE IS LIMITED TO SOLELY THE AMOUNT PAID BY YOU TO EPIC FOR UNUSED PORTIONS OF SUCH SERVICES OR FLIGHTS.

Application of Disclaimers

Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. Epic’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

11. THIRD-PARTY WEBSITES AND LINKS

References and links to products and services belonging to third parties are provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or provided to us by third parties are strictly the responsibility of the third party who added such materials or made them accessible. While we reserve the right to remove third-party materials, we do not assume any obligation to do so and disclaim any liability for failing to take such action.

12. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between Epic and you concerning your use of the Website and Service.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Epic. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and Epic are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

Third Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

TERMS SPECIFIC TO FLIGHT CHARTER CUSTOMERS

13. INTRODUCTION; INCORPORATION OF GENERAL TERMS

Sections 13 through 25 of this Agreement (the “Flight Terms“) apply to you with respect to any interactions or transactions involving Epic charters, including without limitation, if: (a) you travel on an Epic flight; (b) you book and/or pay for a flight, whether for yourself or for another person or entity (such as a coworker or your child); (c) you peruse the Website or engage with Epic customer service regarding a flight or potential flight; or (d) you engage in any other manner with Epic or the Website regarding an Epic flight. The General Terms for all Users stated above in Sections 1 through 12, inclusive, extend and apply to your interactions or transactions involving Epic flights and are incorporated into these Flight Terms by reference. For example, if you have a dispute with Epic concerning a flight, the dispute resolution terms in Section 6 would apply.

14. FARES

Charter fares will be based on several factors including, but not limited to, your travel destination, applicable international fees (e.g., flights to the Bahamas), number of passengers in your party, the number and weight of your luggage, and whether you are flying with pets. Once you provide Epic with all information requested, you will be provided with a quote for the cost of your charter flight.

Flights with Epic are subject to the fares, taxes, and charges in effect on the date on which your reservation was made. If the reservation has been confirmed and your e-ticket has been issued before an increase in the fare becomes effective, the reservation shall be honored for transportation as purchased. If the fare decreases after a confirmed reservation has been made and e-ticket issued, Epic will not refund, credit, or make any adjustment to the original fare. The Payment provisions in Section 5 shall apply to all fares.

15. CHANGES, CANCELLATIONS, AND REFUNDS

Epic will use its best efforts to notify of delays prior to your flight. If a flight must be cancelled, Epic will use its best efforts to notify you three (3) days prior the cancellation.

If a charter flight is cancelled by Epic due to weather, mechanical issues, or other extreme circumstances to be determined by Epic (e.g., global pandemic), Epic will refund you 100% of the cost. Alternatively, and at your discretion, Epic will also offer a credit towards future travel.

If you need to cancel your flight you must notify Epic at communications@epicairways.com. The following apply depending on when Epic receives your cancellation notice:

  • If your cancellation notice is received more than 48 hours prior to your planned departure, you will be charged a cancellation fee of 5% of your total charter quote.
  • If your cancellation notice is received less than 48 hours prior to your planned departure, you will be charged a cancellation fee of 50% of your total charter quote.
  • If you do not notify Epic of your cancellation or if your notice is received after the aircraft has left its facility, you will be charged a cancellation fee of 100% of your total charter quote.

16. LUGGAGE POLICY

All baggage tendered to Epic for transportation is subject to surveillance and inspection by electronic and/or physical means with or without passenger’s consent or knowledge by Epic and/or authorized government agencies.

Charter Passengers

The amount and weight of luggage a Charter passenger may fly with is at the sole discretion of Epic. Charter passengers must provide Epic with luggage information prior to receiving a quote for your chartered flight.

17. LIMITATION OF LIABILITY ON LOST/DAMAGED BAGGAGE

Epic’s liability for loss of, damage to or delay in the delivery of checked or unchecked baggage or its contents is limited to proven damage or loss.

Under no circumstances will Epic’s liability exceed Three Thousand Five Hundred Dollars ($3,500), unless you are traveling with wheelchairs, mobility aids and/or assistive devices or you have purchased excess coverage. Qualified individuals with a disability traveling with wheelchairs or assistive devices, or mobility aids will have no limit on liability for repair or replacement of such wheelchairs, assistive devices, or mobility aids. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less any applicable depreciation for prior usage or damage.

Epic will be liable for personal property only for the period in which it is in its custody. Epic will assume no liability or responsibility for property carried onboard an aircraft by a passenger and retained in the custody of the passenger.

Epic’s liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid.

Baggage will be subject to the same restrictions and liability limits regardless of where it is cleared.

Epic will not accept liability for carriage of medicines, money, checks, securities, jewelry (including watches), wigs, cameras, video, audio and other electronic equipment (including computers, software or music devices), CDs, DVDs, automotive parts, boat parts, silverware, optical equipment (including contact lenses), dental and orthodontic devices or equipment, keys, negotiable papers, securities, business documents, samples, items intended for sale, paintings, antiques, artifacts, manuscripts, animal antlers, furs, irreplaceable books, writing instruments, heirlooms, collector’s items or publications and similar valuables contained in checked or unchecked baggage. Passengers are encouraged to carry such valuable items personally. In the case of domestic transportation, Epic reserves the right to require its passengers to sign a limited liability release before accepting any such items for transportation. In the case of domestic transportation, if any valuable items of the type described in this paragraph are lost, damaged or delayed, you will not be entitled to any reimbursement or compensation from Epic, whether or not a limited liability release has been signed by you.

Epic shall not be liable for loss or damage to items including but not limited to baggage wheels, pockets, pull handles, handles, zippers, hanger hooks, external locks, pull straps or security straps resulting from fair wear and tear or the ordinary handling of baggage. Further, Epic shall not be liable for loss, damage or delay caused by manufacturer’s defect, by overpacked baggage, or because of an inherent defect or quality of the baggage.

Under no circumstances shall Epic be liable for any type of special, incidental, or consequential damages related to the damage, loss or delay of checked baggage.

The maximum liability limitations set forth above shall not apply to claims for loss, damage, or delay in the delivery of wheelchairs or other assistive devices. Epic will accept these items as checked baggage regardless of packaging but will not be responsible for repair or replacement of such items due to damage existing at the time of acceptance.

18. PERSONS WITH DISABILITIES

Epic will make every effort to accommodate a Person with a Disability and will not refuse to transport a person solely based on the person’s disability, except as permitted or required by law. A “Person with a Disability” means any person who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. This term shall be further defined as required by applicable law, including 14 C.F.R 382.3.

Epic will accept the determination made by or on behalf of a Person with a Disability as to self-reliance. Once advised that the person is “self-reliant”, Epic shall not refuse such passenger transportation on the basis that the Person with a Disability is not accompanied by a personal attendant or based on the assumption that the passenger may require extraordinary assistance from airline employees in meeting the passenger’s needs.

Accompanying Safety Assistant Required for Certain Passengers. Epic may require that a safety assistant accompany a Person with a Disability as a condition of providing transportation if Epic determines that such an assistant is essential for safety, such as in, but not limited to, the following circumstances: 1) A passenger is unable to comprehend or respond appropriately to safety related instructions due to a mental disability; 2) A passenger is unable to physically assist in the passenger’s own evacuation from the aircraft due to a severe mobility impairment; or 3) A passenger is unable to establish a means of communication with Epic personnel sufficient to receive the safety briefing due to having both severe hearing and vision impairments.

Epic will not require a medical clearance for a Person with a Disability as a condition of travel, except as permitted by law. Epic may require a medical certificate when, in good faith and using its reasonable discretion, Epic determines there is reasonable doubt that a passenger can complete the flight safely without requiring extraordinary medical assistance.

When a person identifies the nature of his or her disability, Epic will, to the extent possible, accommodate the passenger with a seat assignment that suits the passenger’s needs, including seating the passenger together with any safety assistant or personal attendant traveling with the passenger. Persons with a disability will not be prohibited from occupying seats in designated emergency exit rows, except to the extent required by law.

In addition to the regular baggage allowance, Epic will accept, without charge, as priority checked baggage, mobility aids, including but not limited to: 1) an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair; 2) a manually operated, folding wheelchair; 3) a walker, a cane, crutches or braces; 4) any device that assists the person to communicate; and 5) any prosthesis or medical device. Where space permits, Epic will, without charge, permit the passenger to store a manually operated, folding wheelchair and other small mobility aids in the passenger cabin during the flight. Wheelchairs and mobility aids will be the last items to be stowed in the aircraft hold and the first items to be removed. To the extent permitted by space and facilities, Epic will permit a passenger using a manually operated wheelchair to remain in the wheelchair.

19. FLYING WITH CHILDREN

Epic encourages all adults traveling with children under the age of two (2) years to secure the child in an approved car seat or child restraint system in the child’s own, purchased seat. A paying adult passenger may carry, free of charge, on his or her lap, one child over three (3) days and under two (2) years of age. Epic reserves the right to request proof of age (e.g., passport, birth certificate or immunization record) before accepting an infant for travel as a lap child. Infants between three (3) and fourteen (14) days old must have written approval from their attending physician to travel. Epic does not reserve a seat for such children unless a separate reservation is purchased at the regular, applicable fare. Lap children are limited to two (2) per flight.

If a separate reservation has been made for a child over three (3) days and under two (2) years of age, the child may travel in a separate seat, provided that the child is securely placed in an FAA approved child restraint system.

20. UNACCOMPANIED MINORS

Epic will allow minors between the ages of 12 and 17 to fly unaccompanied on domestic flights only. Proof of age may be required by Epic. Unaccompanied Minors must be met by a parent or authorized guardian at the destination airport. Prior to takeoff, the parent or legal guardian of the Unaccompanied Minor passenger must provide Epic with the name and address of the adult guardian delivering and/or picking up the minor from the destination. All adults charged with dropping off and/or picking up an Unaccompanied Minor must provide Epic with a valid Driver’s License and agree to sign any relevant chain of custody paperwork provided by Epic.

If an authorized adult or guardian is late picking up the Unaccompanied Minor, the person who purchased the Unaccompanied Minor’s ticket will be billed at the current rate of operating the aircraft until the Minor is picked up.

In the event that an Unaccompanied Minor is not picked up by their authorized adult, Epic staff will watch over the minor until it can determine the best court of action to return the child to the departure airport. The person who purchased the Unaccompanied Minor’s ticket will be responsible for all expenses incurred escorting the Minor home and for all flights affected.

21. ANIMAL POLICY

Pets

Epic will permit dogs and cats to be transported by passengers in-cabin (no other pets are allowed) on a case-by-case basis and at its sole discretion. Cats must remain crated during the flight. Passengers are responsible for complying with any applicable laws and/or governmental regulations of the destination to and from which the animal is being transported, including furnishing valid health and rabies vaccination certificates when required. Due to the limited space and strict weight restrictions of flights, passengers attempting to travel with pets, service animals, or emotional support animals must notify Epic prior to the departure of their flight to determine whether a pet may be accommodated.

Service and Emotional Support Animals

Epic will accept service animals or emotional support animals for use by qualified individuals with a disability to accompany a passenger on a flight at no charge. Certain unusual support animals (i.e., snakes, other reptiles, ferrets, rodents, and spiders) pose unavoidable safety and/or public health concerns and will not be allowed to fly with us. The release of such an animal in the aircraft cabin could result in a direct threat to the health or safety of passengers and crewmembers. The Pilot-in-Command reserves the right to deny boarding of an emotional support animal for reasons of safety.

22. PROHIBITED ITEMS

Federal law prohibits carriage of hazardous materials aboard aircraft in your luggage or on your person. Prohibited items include, but are not limited to, fireworks: signal flares, fire crackers, sparklers or any other explosive; flammable liquids or solids: fuel paint, solvents, lighter fluids, or matches; compressed gases: spray cans, butane fuel, scuba tanks propane tanks, oxygen bottles or self-inflating rafts; weapons: loaded and non-loaded firearms, ammunitions, gunpowder, mace, tear gas or pepper spray; other hazardous materials: dry ice, gasoline powered tools, camping equipment’s with fuel, wet cell batteries, oxidizers, corrosives, radioactive materials including radio-pharmaceuticals, poisons or infectious substances. Two-wheel electric boards, hoverboards, gliders, electric unicycles, “smart bags” or intelligent scooters of any type which use lithium or lithium-ion batteries are not accepted. You must declare your hazardous materials to the crew or air carrier representatives immediately. A violation of Federal Hazardous Materials Regulations (49 CFR Parts 171-180) can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C 5124).Epic’s aircrafts are not certified to carry any hazardous materials. There are special exceptions for small quantities of medicinal and toiletry articles carried in your luggage and certain smoking materials carried on your person. For more information, please consult your flight crew.

TSA restricts and limits carriage of certain items aboard aircraft including, but limited to, the following items: Guns and firearms including stun guns / shocking devices, realistic replicas of firearms, parts of guns and firearms, compressed air guns, starter pistols, spear guns, flare pistols, gun lighters, pellet guns, firearms and BB guns are prohibited. Sharp objects including razor blades, box cutters, utility knives, knives of any length, metal scissors with a blade length of 4 inches or more, throwing stars, axes and hatchets, bows and arrows, ice axes / ice picks, meat cleavers, sabers and swords. Club-like items including martial arts weapons, brass knuckles, lacrosse sticks, baseball bats, hockey sticks, cricket bats, pool cues and billy clubs. All explosives including realistic replicas of explosives, flares in any form, plastic explosives, hand grenades, blasting caps, gunpowder, ammunition, fireworks and dynamite. Also, incendiaries including aerosol (except for personal care or toiletries in limited quantities), fuels, (cooking fuels and any flammable liquid fuel), gas torches, realistic replicas of incendiaries, any type of matches, all types of lighters, and gasoline. Disabling chemicals and other dangerous items including cylinders containing compressed gas, fire extinguishers, spillable batteries, chlorine, pepper spray, liquid bleach, spray paint, tear gas and mace is not allowed. Tools greater than 7 inches in length, saws and saw blades, drills and drill bits, crowbars and hammers are restricted. For further assistance, please consult your flight crew.

For additional information please visit https://www.tsa.gov/travel/security-screening/whatcanibring/all.

23. RIGHT TO REFUSE SERVICE

Epic shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by flight crew, a security team contracted by Epic or its affiliates, or by government or airport authorities; (c) whose condition, including where passenger appears to have symptoms of or have a communicable disease or condition or a passenger refuses screening for such disease or condition, or incapacity, in the sole judgment of Epic could involve hazard or risk to the safety and security of himself, herself or others; (d) who exhibits violent, aggressive, or otherwise inappropriate behavior towards other passengers or flight crew; or (e) who fails to provide legally valid government issued identification.

24. SMOKE-FREE SERVICE

Epic prohibits smoking and the use of all smokeless tobacco products (including e-cigarettes) on all flights.

25. GOVERNMENT LAWS AND REGULATIONS

All transportation is sold and all carriage is performed subject to compliance with all applicable government laws and regulations, including those of the Federal Aviation Administration and U.S. Department of Transportation, Transportation Security Administration, and all applicable Conventions, special contracts, treaties, and tariffs, many of which are not specified herein but are nevertheless binding on Epic and all passengers.

26. IMMIGRATION AND CUSTOMS REGULATIONS

It is each passenger’s responsibility to obtain and have possession of all required travel documents. Epic assumes no responsibility for compliance by its passengers with immigration and Customs laws and regulations of each country from, through, or to which a flight is operated. Epic shall not be responsible for any information or assistance given to a passenger by any agent in connection with obtaining such necessary documents or complying with such laws and regulations, or any consequence to any passenger resulting from his or her failure to obtain such documents and comply with such laws and regulations.

TERMS SPECIFIC TO CARGO CHARTER CUSTOMERS

27. INTRODUCTION; INCORPORATION OF GENERAL TERMS

Sections 26 through 32 of this Agreement (the “Cargo Terms“) apply to you with respect to any interactions or transactions involving the transport of cargo by Epic. The General Terms for all Users stated above in Sections 1 through 12, inclusive, extend and apply to your interactions or transactions involving Epic cargo transfers and are incorporated into these Cargo Terms by reference. For example, if you have a dispute with Epic concerning your cargo, the dispute resolution terms in Section 6 would apply.

28. CALCULATION OF CARGO CHARTER FARE

To obtain a quote for the charter of your cargo, you must first provide Epic with the dimensions and weight of your cargo. Epic will then provide you a quote which will be based on a combination of the cargos weight, size, and number of items being chartered. The Payment provisions of Section 5 apply to your cargo charter fare.

29. INSPECTION OF ITEMS

We may, at our option, open and inspect any shipment at any time. Governmental authorities may also open and inspect any shipment at any time.

30. LIABILITIES NOT ASSUMED

WE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, IN EXCESS OF THE DECLARED VALUE OF $1.15 PER $100 OF VALUE OR US$9.07 PER POUND (US$20/KG.), WHICHEVER IS GREATER, FOR CARRIAGE OF A SHIPMENT ARISING FROM TRANSPORTATION SUBJECT TO THE SERVICE CONDITIONS CONTAINED IN THESE SERVICE CONDITIONS, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.

We will not be liable or responsible for loss, damage or delay caused by events we cannot control. Exposure to and risk of any such loss is assumed by you or transferred by you to an insurance carrier through the purchase of an insurance policy. You should contact your insurance agent or broker if insurance coverage is desired.

We will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, mis-delivery, non-delivery, misinformation or failure to provide information including, but not limited to, any such loss, damage, delay, mis-delivery, non-delivery, misinformation or failure to provide information caused by or resulting from:

  1. The act, default or omission of the sender, recipient, or anyone else with an interest in the shipment.
  2. The nature of the shipment or any defect, characteristic or inherent vice of the shipment.
  3. Your violation of any of the Terms of Service or incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of shipments.
  4. Perils of the air, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, acts or omissions of Customs or quarantine officials, riots, strikes or other local disputes, civil commotions, hazards incident to a state of war or weather conditions (as determined solely by Epic), or mechanical delays, or national or local disruptions in air or ground transportation networks due to events beyond our control, or disruption or failure of communication and information systems. In such circumstances, we will make reasonable efforts to transport and deliver cargo to their destination as quickly as practicable under the circumstances; and we are under no duty to advise you of the potential existence of any one or more of these circumstances.
  5. Acts or omissions of any person other than us, including our compliance with verbal or written delivery instructions from the sender or recipient.
  6. Loss of or damage to articles packed and sealed in packages by the sender, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and receipt of shipment by the recipient without written notice of damage or the delivery record.
  7. Delays caused by Customs clearance procedures or those of other regulatory agencies.
  8. Delays in delivery caused by adherence to Epic policies regarding the payment of duties and taxes.
  9. Our inability to provide a copy of the delivery record.
  10. Erasure of data from magnetic tapes, files or other storage media or erasure of photographic images/soundtracks from exposed film.
  11. Our failure to honor “package orientation” graphics (e.g., “UP” arrows or “THIS END UP” markings) or other sender’s instructions on packaging, or damage to shipments not in packaging approved by us prior to shipment where such prior approval is recommended or required herein.
  12. Damage in transit or in handling of, or concealed or other damage to, fluorescent tubes, neon lighting, neon signs and X-ray tubes, glass, sea urchins, sea urchin roe or other inherently fragile items.
  13. Our failure to notify you of any delay or loss of your shipment.
  14. Shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement.
  15. Our failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect Customs broker’s address.
  16. Epic will not be liable for any package where our records do not reflect that the package was tendered to us by the customer.

31. RESPONSIBILITY OF CUSTOMER

Epic or its duly authorized agent for and on behalf of the customer, aka the shipper or consignee, may, but shall not be obligated to, comply with the formalities required by Customs and other government authorities and may, but shall not be obligated to, advance duties, taxes and other charges and make any disbursements. The shipper, consignee and owner of the goods shall be jointly and severally liable to Epic for the reimbursement of any such payments. For any such purpose, a copy of a bill indicating the charges certified by Epic shall be deemed an original. The shipper is obligated to comply with all Customs regulations and other governmental regulations, or laws of any country flown from, to, or over relating to the packing, carriage and delivery of goods, including the furnishing of such information and documents as may be necessary to meet such requirements. However, Epic is under no obligation to inquire into the correctness or sufficiency of required information, documents or marking.

Additionally, once your cargo arrives at its destination, it is the customer’s responsibility to arrange for pickup of the items from the destination airport. Epic will not be liable for customer cargo once it reaches the destination airport.

32. EXPORT CONTROL

You or your agent hereby certify that all statements and information you provide Epic relating to the exportation of your cargo is true and correct. Furthermore, you understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements or for the violation of any United States Laws on exportation, including, but not limited to, 13 USC Sec. 305; 22 USC Sec. 401; 18 USC Sec. 1001; 19 USC Sec. 1952(f); 50 USC App. 2410.

33. HAZARDOUS MATERIALS

You shall comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800 and §173 et seq. to the extent that any shipments constitute hazardous materials. You are obligated to inform Epic immediately if any such shipments do constitute hazardous materials. You shall defend, indemnify and hold Epic harmless from any penalties or liability of any kind, including reasonable attorney fees, arising out of your failure to comply with applicable hazardous materials laws and regulations.

34. PROHIBITED ITEMS

Epic prohibits the chartering of the following cargo:

  1. Explosives including fireworks and detonating fuses.
  2. Gases such as compressed gas, dry ice, fire extinguishers, gas lighters, and aerosol cans.
  3. Flammables in solids or liquids.
  4. Toxic and infectious items such as pesticides.
  5. Biological products and waste such as medical waste, or dangerous pathogens.
  6. Any items deemed illegal from the departing or arriving locations.
  7. Certain antiques and heirlooms determined in Epic’s sole discretion.