Tour Operator Participant Agreement

This Operator-Participant Contract (''Agreement'') sets forth the terms and conditions under which Aviation Advantage Inc d/b/a Southern Skyways agrees to provide you (''you'' or ''Participant'') with transportation via a qualified FAA approved Air Carrier including, but not limited to USA Jet Airlines, Inc., Express Jet, Sky King, Inc., Ryan International Airways, Pace Airlines, Ameristar, Business Aircraft Group, Miami Air, Primaris Airlines, North American Airlines, Swift Air, World Airways, Jet Blue, XTRA Airways, USA 3000 and AirTran Airways; in return for payment of the amount indicated as the total charter price on your itinerary.

Responsibility: Aviation Advantage Inc d/b/a Southern Skyways, as the principal, is responsible to Participant for arranging and providing public charter air transportation services (''charter''). Neither Aviation Advantage Inc d/b/a Southern Skyways nor its agents, servants, employees, or your travel agent assumes responsibility for any claim, action, cause of action, injuries, losses or damages arising from the actions of third-party contractors supplying services, including but not limited to reservations, missed connections, lost or stolen items or baggage, costs or expenses arising out of injury, accident or death, quarantine, disturbances, governmental restrictions or regulations, damage, delay of baggage or other property, inconveniences, loss of enjoyment, loss of pay, disappointment, mechanical breakdown, government action, strike, lockouts, war terrorism, weather, acts of God, force majeure, or other factors or cause beyond its control. Reservations and Payment: Charter reservations may be made directly online at our Web site at www.SouthernSkyways.com. Full payment is due at time of booking. Tickets are non-refundable and the cancellation penalty is the full fare of the flight, except you may make changes to your itinerary, based on availability, for the following fees. For changes made at least 48 hours before the time of departure, a $100 change fee applies. For changes made less than 48 hours before the time of departure, the full charges of flight applies. Itinerary changes will be charged a change fee plus the additional costs of the new ticket at the time of booking. All name changes or ticket changes must be completed at least 48 hours prior to your departure in order to avoid a full cancellation penalty.

Charter Price: The charter price quoted to you includes charter air transportation for the itinerary booked with Aviation Advantage Inc d/b/a Southern Skyways. You are responsible for all incidental expenses during the charter. Except for ''major changes,'' as described below, no refund will be made for services included in the charter price, which you voluntarily do not use. Excess baggage, pet, or unaccompanied minor fees are not included in the charter price. Please call Aviation Advantage Inc d/b/a Southern Skyways before travel to inquire about the amounts of these fees. The charter price is subject to up to a fifteen percent (15%) fuel surchage should jet fuel prices increase from time of booking to departure date.

Baggage: Aviation Advantage Inc d/b/a Southern Skyways allows each passenger to bring two forms of baggage with a combined weight of less than 44 pounds, one checked baggage and one carry one baggage; the first not to exceed 62 inches in overall dimension (length + width + height), the second not to exceed 45 inches in overall dimension. Any excess baggage is subject to additional fees and all baggage must have outside baggage tags for identification. Liability for lost, stolen, pilfered, or damaged bags is limited to $2500 (provided you furnish Aviation Advantage Inc d/b/a Southern Skyways with the baggage claim check and suitable evidence of the value of the bag and its contents), and there is NO LIABILITY for the following items in checked baggage: electronic equipment, musical instruments, ornamental items including jewelry, wigs, wig boxes, antiques, silverware, clocks and watches; artistic items including paintings, prints, photos, rugs and statuary; or photographic, recreational, camping, mechanical or sports equipment; items made of paper; business documents; edible or perishable items including fruits, x-ray items and other light-sensitive materials; and all medicines, drugs, toiletries and cash and other negotiable instruments. Aviation Advantage Inc d/b/a Southern Skyways will accept cloth, canvas, vinyl and other soft-sided bags as checked baggage but accepts NO RESPONSIBILITY OR LIABILITY for damage to such bags or their contents and, therefore, Aviation Advantage Inc d/b/a Southern Skyways' carriage of soft-sided bags checked as baggage shall be at your own risk.

Customer Service: Aviation Advantage Inc d/b/a Southern Skyways is committed to quality service. In the unlikely event that you have cause for dissatisfaction during your charter, please call 1-877-2-FLY-SOUTH to discuss the problem with a Customer Service Representative. Any baggage problems must be reported at the departing/arriving airport with a handling representative at the time of your claim. This procedure will include completing a baggage claim form that is required to process all claims. You can find a copy of the baggage claim report on www.SouthernSkyways.com.

Airport Check-In: All charter participants must check in at the airport ticket counter no later than two hours prior to the scheduled departure time. Aviation Advantage Inc d/b/a Southern Skyways reserves the rights to resell any seat 30 minutes prior to departure if you have not yet checked in. Failure to check in one hour prior to scheduled departure time automatically cancels your reservation and a 100% penalty applies. Participants will not receive refunds for missed flights or connections.

Air Transportation: Flights are operated as public charters. Aviation Advantage Inc d/b/a Southern Skyways, headquartered at 1755 The Exchange, Suite 230, Atlanta, Georgia 30339 is the charter operator and one of the above listed qualified Air Carriers is the direct air carrier for the routes that you have purchased as part of your itinerary. Charters are operated with Dornier 328J, DC9, Boeing 717, 737, 727, and 757, EMB 120 and EMB 145, Airbus A319 and A320 aircraft. The charter operator reserves the right to substitute scheduled air service when necessary at no additional cost and at comparable departure times based on participation in the charter program. You will be notified of any such decision no less than ten days prior to departure, and may either accept the scheduled service or request a full refund within seven days of notification. Aviation Advantage Inc d/b/a Southern Skyways reserves the right to substitute another air carrier or to change the aircraft type or capacity and does not guarantee single plane or non-stop service. No refunds or compensation will be given for such substitutions or changes.

Security Agreement: Your payments are protected by a surety bond held at the National City Bank. Unless you file a claim with Aviation Advantage Inc d/b/a Southern Skyways, or if Aviation Advantage Inc d/b/a Southern Skyways is not available, with the Securer, within 10 days of the completion of the charter (or in the case of cancellation, the intended date of your flight), the Securer will be released from all liability to you under the security agreement. If there is no return flight in your itinerary, completion means the date or intended date of departure of the last flight in your itinerary.

Major Changes: If Aviation Advantage Inc d/b/a Southern Skyways makes major changes prior to departure, you have the right to cancel and receive a full refund. The following are major changes: (1) a change in the origin or destination city, unless the change affects only the order in which cities named in a tour package are visited; (2) a change in the departure or return date unless the change results from a flight delay experience by Aviation Advantage Inc d/b/a Southern Skyways. (If, however, the delay is greater than 48 hours, it will be considered a major change.); or (3) a charter price increase of more than 10% occurring ten or more days before departure. In no event can Aviation Advantage Inc d/b/a Southern Skyways change your charter price less than ten days prior to departure. If a major change must be made in the charter, we will notify you within seven days after first learning of the change, but in any event at least ten days prior to your scheduled departure. If less than ten days before your scheduled departure, we become aware that a major change must be made, we will notify you as soon as possible. Aviation Advantage Inc d/b/a Southern Skyways has no right to cancel the charter less than ten days before the scheduled departure date except for circumstances that make it physically impossible to perform the charter. If Aviation Advantage Inc d/b/a Southern Skyways must cancel the charter ten or more days before departure, we will notify you in writing within seven days of cancellation, but in any event at least ten days before the scheduled departure date. If Aviation Advantage Inc d/b/a Southern Skyways must cancel the charter less than ten days before the scheduled departure, we will notify you as soon as possible. If Aviation Advantage Inc d/b/a Southern Skyways cancels a charter, it will make a full refund to you within 14 days after cancellation. General: The rights and remedies made available under this contract are in addition to any of the rights and remedies available under state law. Aviation Advantage Inc d/b/a Southern Skyways offers refunds under the contract with the express understanding that the receipt of that refund or alternative travel arrangements by a participant waives all additional remedies. By executing this Agreement, you specifically acknowledge and consent to all conditions set forth herein. This Agreement contains the entire agreement between the parties and it completely supercedes any prior written or oral agreements or representations. This Agreement can be amended only in writing and must be signed by both parties. Any oral representations or modifications shall have no force or effect. Georgia law shall govern this Agreement. Any claim against Aviation Advantage Inc d/b/a Southern Skyways must be presented in writing within ten days of the date of your return flight, and Aviation Advantage Inc d/b/a Southern Skyways is expressly not liable for any claims presented after said ten-day period.

Passenger's Signatures

Electronic signature or acceptance through the internet, GDS, including, but not limited to the travel agent (as representative of the “participant”) will be an acceptable form of acknowledgement to the agreement of this Tour contract.