Swoop Air
Swoop Air
Swoop Air
Domestic Tariff
CTA(A) No. 1
CTA(A) No. 1
Issue Date: June 20, 2018 Issued By: Swoop Inc Effective Date: August 2, 2018
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Table of Contents
Table of Contents .......................................................................... 3
Rule 1: Definitions
“Act” means the Canada Transportation Act;
“Affected Flight” means the flight involved in a schedule irregularity.
“Air Crew” means the flight crew and one (1) or more persons who, under the authority
of the Carrier, perform in-flight duties in the Passenger cabin of an aircraft of the Carrier;
“Air Service” includes a live flight;
“Air Transportation Contract” means with respect to Domestic Transportation, a
contract entered into between the Traveller and the Carrier for the provision of a Flight
to the Traveller and/or goods in the form of a Reservation and confirming itinerary
issued by the Carrier.
“Air Transportation Regulations” means the regulations respecting air transportation,
sor/88-58 as amended from time to time, and any substitute regulations prescribed in
relation to the subject-matter therein;
“Alternate Transportation” means another flight (or flights) on the services of the
same carrier or a flight (or flights) on the services of another carrier.
“Ambulatory” means a person who is able to move about within an aircraft unassisted;
“Ancillary” refers to optional extra products, services and/or privileges distinct from the
fare, purchased either in respect to transportation services or products, services or
privileges ancillary to transportation services, by a passenger at the time of initial fare
booking or at a subsequent moment up to and including the journey. Also see “Fees,
Charges and Surcharges” defined below;
“Applicable Adult Fare” means the fare which would be applicable to an adult for the
transportation to be used except those special fares which would be applicable due to
the adult's status;
“Applicable Full Fare” means the full adult fare for the class of service designated in
the Carrier's official general schedule for the aircraft, or compartment of the aircraft used
by the Passenger;
“Assistant/Attendant” is a person who travels with a person with a disability, is 18
years of age or over, and is fully capable of providing a service related to the disability
that is not usually provided by the Carrier's staff;
“Baggage” means any good that is necessary or appropriate for the wear, use,
comfort, or convenience of the passenger for the purpose of the trip. Unless otherwise
specified, it shall include both checked and unchecked baggage of the passenger.
“Baggage Identification Tag” means a document issued by the carrier solely for
identification of checked baggage, part of which is given to the passenger as a receipt
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for the passenger’s checked baggage and the remaining part is attached by the carrier
onto a particular piece of the passenger’s checked baggage.
“Boarding Area/Gate” means the vicinity or point where the carrier examines the
passenger’s boarding pass prior to the passenger being permitted on the aircraft.
“Boarding Pass” includes either a paper document or an electronic document issued
by the carrier to the passenger and serves as a record that the passenger has checked
in for their flight and, when it shows a seat assignment, it permits a passenger to board
a particular flight.
“Boarding Time Deadline” is the time limit specified by the carrier by which the
passenger must be present at the designated boarding area of their flight.
“Canada” means the ten provinces of Canada, the Yukon Territory, the Districts and
Islands comprising the Northwest Territories of Canada and Nunavut.
“Carrier” means: Swoop Inc.
“Checked Baggage” means baggage of which the carrier takes sole custody and for
which the carrier issues a baggage identification tag.
“Check-in Deadline” is the time limit specified by the carrier by which the passenger
must have completed check-in formalities and received a boarding pass.
“Comparable Air Transportation” is similar transportation provided by the carrier at
no extra cost to the passenger in lieu of the passenger’s original flight reservations.
“Conjunction Ticket” means a ticket issued to a passenger concurrently with another
ticket(s) which together constitute a single contract of carriage.
“Controllable Schedule Irregularity” means a flight delay, cancellation or diversion
that is considered to be within the Carrier's control. Some examples include mechanical
issues, the Carrier's IT system failures and delays or cancellations due to operational
requirements;
“Credit” means an electronic value that can be applied to the purchase of future travel
and optional products and services, excluding third-party offerings and onboard
purchase;
“Destination” means the ultimate stopping place according to the contract of carriage,
as shown on the ticket.
“Domestic Transportation” means air transportation between points in Canada, from
and to the same point in Canada or between Canada and a point outside Canada that is
not in the territory of another country.
“Emotional Support Animal” is a dog which is used to provide support for an
emotional disability and is required as an accommodation for air travel or for activities at
the Passenger's destination.
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“Fare” means the amount charged by the carrier for the carriage of a Passenger in
respect of a particular class of domestic service offered but does not include any
applicable fees, charges or surcharges.
“Fee, Charge or Surcharge” means an amount of money collected by the Carrier from
the Passenger, distinct from the fare, and either in respect of transportation services or
services ancillary to transportation services.
“Ferry Flight” means the movement of an aircraft without passengers or goods to
position the aircraft to perform a flight or upon completion of a flight to position the
aircraft to a point required by the Carrier.
“Flight Coupon” means that portion of the ticket which is either held electronically in
the carrier’s database or on paper when a paper ticket is issued to a passenger. It
indicates the particular points between which the passenger is entitled to transportation.
“Force Majeure” means any unforeseeable circumstances beyond the carrier’s control,
the consequences of which could not have been avoided even if all due care had been
exercised including, but without limitation, meteorological and geological conditions,
acts of God, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances,
unsettled international conditions, shortage of fuel or facilities, or labour disputes, either
actual, threatened or reported.
"Goods" means anything that can be transported by air, including animals.
“Group” means 13 or more travellers travelling together on the same flight from a
common point of origin to a common destination.
“Immediate Family” means spouse, parents and grandparents, children and
grandchildren, brothers and sisters, mother in law and father in law, brothers in law and
sisters in law, daughters in law and sons in law. Adopted and step members are also
included in immediate family.
“Infant” means children under the age of two (2) years at the commencement of travel.
“International Transportation” means air transportation between Canada and a point
in the territory of another country.
“Involuntary Refunds” means a refund of an unused ticket or portion thereof required
as a result of the carrier cancelling a flight, failing to operate a flight according to
schedule, failing to stop at a point to which the passenger is destined, or causing the
passenger to miss a connecting flight, being unable to provide previously confirmed
space, substituting a different type of equipment or where, because of safety or legal
requirements or the condition or conduct of the passenger, carriage is refused.
“Itinerary/Receipt” means a travel document or documents the carrier or its agent
issues to the passenger travelling on a ticket. The itinerary/receipt contains the
passenger’s name, flight information and notices relevant for the journey. This
document is to be retained by the passenger during the entire journey.
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“Live Flight” means the movement of an aircraft with passengers or goods from the
point of take-off at the origin to a point or points of landing thereafter, inclusive of the
point of landing at the destination (immediate technical or fuel landings excepted);
“Minor” means a person who has not reached his/her 12th birthday on the date that
travel commences.
“Non-ambulatory” means a person who is not able to move about within an aircraft
unassisted;
“Non-self-reliant” means a person who is not self-reliant as defined below;
“No show” means that a Passenger that has failed to meet Carrier’s cut-off
requirements for check-in and/or boarding as described herein. No show segments are
non-creditable and non-refundable;
“Origin” means the initial starting place of the journey as shown on the ticket.
“Overbooking/Oversold” is the result of selling more seats than the available number
of seats on a flight.
“Passenger” means any person, except members of the crew, carried or to be carried
in an aircraft with the consent of the carrier pursuant to a valid contract of carriage.
“Passenger Liability” means the legal liability of the Carrier to any Passenger or other
person in respect of a Passenger, arising from the Carrier's operation, ownership or
possession of an aircraft, for:
A. Injury to or death of persons who are Passengers;
B. Losses suffered or sustained by a Passenger or other person as a result of the
Carrier's inability to perform, in whole or in part, the air service contracted for;
C. Damage to or loss of goods in the Carrier's charge; or
D. Losses due to any delay in delivery of any goods in the Carrier's charge;
“Person” means an individual, firm, corporation, association, partnership, or other legal
entity, as the context requires or otherwise permits;
“Person with a Disability” includes any person who, by virtue of a locomotor, sensory,
intellectual, developmental, or other impairment, or a mental health condition, requires
services or assistance beyond those normally offered by the carrier to meet their
disability-related needs.
“Personal information” means information about an identifiable individual, but does
not include the name, title or business address or telephone number of an employee of
an organization.
“Reservation” is a record, either in paper form or in electronic form, of the
accommodation held by a passenger on a given flight. The reservation would specify
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the date and times of travel, flight number and the class of service to be provided the
passenger.
“Reroute” means to issue a new ticket covering transportation to the same destination
as, but via a different routing than that designated on the ticket, or portion thereof, then
held by the Passenger, or to honour the ticket, or portion thereof, held by the Passenger
for transportation to the same destination as, but via a different routing than, that
designated thereon;
“Routing” establishes the possible points via which travel may take place for a specific fare.
“Schedule Irregularities” means the following:
a) Delays in the scheduled departure or arrival of the carrier’s flights;
b) Cancellation of flight, or omission of a scheduled stop, or;
c) Substitution of aircraft or of a different class of service, or;
d) Schedule changes which require rerouting of a passenger at departure
time of his or her original flight.
“Segment” a nonstop flight between a point of origin and a destination.
“Self-reliant” means that a person does not require services related to a disability
beyond that normally provided by the carrier, or beyond that which applicable rules or
regulations require the carrier to provide.
“Service Dog” means a dog that is required by a person with a disability for assistance
and is certified in writing, as having been trained by a professional Service Dog
institution to assist a person with a disability and which is properly harnessed in
accordance with standards established by a professional Service Dog institution;
“Single ticket” means a document that permits travel from origin to destination;
“Special Drawing Rights (SDR)” is a unit of account of the International Monetary
Fund.
“Standard Fare” consists of a non-refundable ticket, randomly assigned seat and a
personal item
“Tariff” means a schedule of fares, rates, charges or terms and conditions of carriage
applicable to the provision of an air service and other incidental services.
“Tax” means an amount of money collect by the Carrier from the Passenger pursuant
to an obligation imposed by governmental authority;
“Ticket” means either a paper or electronic document issued by or on behalf of the
carrier which includes the passenger’s flight coupons. The ticket serves as evidence of
payment of air fare and constitutes for the passenger proof of their contract of carriage.
It also has detailed information to ensure proper processing and handling. In instances
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where a ticket exists as an electronic document, the carrier issues to the passenger, as
proof of purchase, an itinerary/receipt.
“Traffic” means any persons or goods that are transported by air.
“Transfer Point” means any point at which the passenger transfers between aircraft.
“Traveller” Swoop may refer to “Traveller” in place of “Passenger”, see “Passenger”
definition above.
“Unchecked Baggage” means any baggage (carry-on) accompanying the passenger
other than checked baggage.
“Uncontrollable Schedule Irregularity” means a flight delay, cancellation or diversion
that is considered to be not within the Carrier's control including but not limited to
situations of Force Majeure;
“Voluntary Refunds” means a refund of an unused or partially used ticket for reasons
other than those mentioned under the definition of an involuntary refund.
“Voucher” means a monetary credit provided either in paper or electronic format to a
passenger that may be used toward future travel services or the provision of incidental
services such as meals, ground transportation, and hotel accommodation.
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2. Air transportation will be subject to the rules, rates, fares and charges published
or referred to in this tariff in effect on the date which the ticket is issued for
transportation from all points of origin.
3. Unless the fare rule governing a specific fare basis code applicable to the
transportation purchased by the passenger states otherwise, the general rules
contained in this tariff will apply.
4. The content of this tariff constitutes the contract between the carrier and the
passenger. Should there be a conflict between this tariff and any other document
issued or posted by the carrier, this tariff will prevail.
6. The carrier’s rules, regulations and conditions of carriage as found in this tariff
are subject to change without notice only when required by applicable laws,
government regulations, orders and requirements.
7. The carrier will be responsible for the furnishing of transportation only over its
own services, including those services offered via code-share arrangements
where the flight is operated by another carrier. However, when the carrier issues
a ticket, baggage check, or make any other arrangements for transportation over
the services of any other carrier (whether or not such transportation is part of a
through service), the carrier acts only as agent for such other carrier and the tariff
of that other carrier will apply. Swoop will assume no responsibility for the acts or
omissions of such other carrier.
In the case of dispute with the air carrier, passengers should, as the first recourse, try to
resolve any problem by dealing directly with the carrier. If the passenger has attempted
to resolve a complaint with the carrier and is still not satisfied, the passenger may take
the matter to either the Canadian Transportation Agency or the appropriate court, as the
passenger prefers.
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Before Departure
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(i) The ticket is issued with confirmed reservations from a point of origin in
Canada at fares and charges applicable on the date of ticket issuance for
the date of commencement of travel; and,
(ii) The confirmed ticketed reservations are not changed at the passenger’s
request. Should the passenger request a change to the ticketed
reservations then the passenger will be obliged to pay the difference in the
fares or be subject to the more restrictive conditions imposed as a result of
the change; and
If, after a ticket has been issued, a decrease in fares and charges
applicable to the transportation covered by the ticket becomes effective,
no refund in whole or in part of the original fare will be permitted unless
otherwise specified in the applicable fare rule associated with the fare.
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(C) Routing
1. Unless otherwise provided in the carrier’s tariff, fares apply only to their
associated routing. If there is more than one routing associated with a fare, the
passenger, prior to their ticket being issued, may specify the routing they prefer.
If no routing is specified, the carrier may determine the routing. (See Rule 50,
Routings)
(a) Available for purchase only at initial booking with rate clearly communicated
in booking flow;
(c) Must be redeemed not less than 24 hours before segment departure;
(d) Change is available for flight(s) of the same origin and destination points only,
ModiFly does not entitle the traveller to change their itinerary origin or
destination, only the intended time(s) or date(s) of travel between the same city
pair;
(g) Extra Ancillary product(s), service(s) and/or privilege(s) purchased prior to the
use of flexible change carry over to the new flight;
(h) For a fee of $4.99 to $29.99 CAD per segment per person;
(l) Where alternate flight is available Swoop reserves the right to substitute or
credit at its discretion a like for like extra ancillary product, service and privilege if
an identical selection is not available or is sold out on the new flight segment.
2. At the time of the ticket purchase, the passenger will be advised by the carrier of
all the taxes appearing on the ticket.
4. The conditions under which taxes are imposed, collected or refunded are
established by the taxing authority (domestic or foreign) and in all cases where a
ticket is used, will be respected. As a result, the carrier will either collect new or
higher amounts or refund all or a portion of the tax paid based on the conditions
imposed by the taxing authority.
5. When a ticket is purchased but not used, not used in sequence of the purchased
itinerary, is forfeited or otherwise made void through missed check-in, missed
boarding, denied boarding as per Rule 105(B) for prohibited conduct, the taxes
will no longer be refundable and are entirely forfeit.
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i. FlySwoop.com
iii. Airport
3. Swoop Credit
4. Swoop Vouchers
1. Cash
2. Cheques
3. Bank drafts
2. All Swoop Passengers are seated in an Economy Class section and will be
provided Economy Class service.
The standard fare includes a randomly assigned seat and one personal item.
a) Checked baggage;
b) Carry-on baggage;
c) Seat selection;
f) Additional products, services and privileges include but not exclusive to:
a. Flexible change
b. Flexible cancel
c. Priority Boarding
e. Group Bookings;
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2. On any given flight, the carrier may limit the number of passengers carried at any
given fare. All fares will not necessarily be available on all flights. The number of
seats which the carrier shall make available on a given flight will be determined
by the carrier’s best judgment as to the anticipated total number of passengers
on each flight.
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2. A reservation for space on a given flight is valid when the availability and
allocation of the space is entered into the carrier’s reservation system and a
confirmation number/code is obtained which authenticates the reservation.
3. The carrier will only issue a ticket against a valid reservation. Subject to payment
or other satisfactory arrangement and passenger compliance with the check-in time
limits set out in paragraph (F) below, a ticket will be issued to the passenger by the
carrier or agent of the carrier indicating that the passenger is holding confirmed
space for the flight(s) shown on the ticket. The ticket will only apply between the
points named on the ticket and the flight coupons that are presented.
4. Group Bookings
To qualify for a group fare, 13 or more travellers must travel together on one flight
and be booked at the same time.
The Carrier requires a 50% deposit on the total booking value at the time of booking.
This deposit is non-refundable and non-creditable in the event that the traveller
would like to cancel their group booking. The deposit is applicable to final payment.
Payment in full is required for all group bookings 30 days before departure. If full
payment is not received, the booking will be cancelled and the deposit will not be
refunded.
All group booking fares will include a checked bag, a standard back seat
assignment, and a $5 group booking fee (plus taxes and fees). With bookings
originating from the US, the currency for the entire quote, including the group
booking fee, will be quoted in USD. Otherwise the currency is CAD.
The Carrier will complete a full refund to the original form of payment if the
reservation is canceled within 24 hours of booking for bookings where the departure
date is more than seven days in the future.
For full group booking rules, contact the Carrier’s groups department.
d) The carrier does not guarantee the assignment of the Passenger’s preferred
seat on the aircraft.
b) The Carrier's supplemental policies with regards to seat assignment for children
are:
i) If Passengers do not pre-purchase seats prior to their arrival at the airport, the
Carrier's airport agent at the check-in counter will endeavor to manually seat
children and their accompanying parent or Guardian together.
ii) If a manual intervention is not successful, the Carrier's airport agent at the
Boarding Area will ask for volunteers among the passengers to change seats.
iii) If no passengers volunteer, the Carrier's airport agent at the Boarding Area will
inform the flight attendant(s) to move passengers as able.
The Carrier offers Passengers the option of paying a fee for a specific seat at the
time of booking or up to 1-hour prior to their Flight’s scheduled departure subject
to the following:
1) Advance seat selection is not guaranteed, and may not be offered, or be subject to
change on some Flights based on operational restrictions;
2) Advance seat selection may not be available through some Reservation channels;
b) Fees
i. Seat selection fees are calculated per flight segment (i.e. as identified by a change
in Flight Number) for each direction of travel from the Origin to the Destination
based on time of purchase.
ii. When seats are selected on multi-segment itineraries or a round trip, the fee shall
be collected for each Flight Segment.
iii. Different seat fees apply for seats beyond row 18 of the aircraft, exit row and seats
with extra leg room.
iv. Seat selection fees are non-refundable except when the itinerary is cancelled
within 24 hours of booking for flights departing more than 7 days from the date of
booking or the flight cancellation is within the control of Swoop.
v. Seat selection fee table – for all new bookings after January 7, 2019
ii. The Carrier reserves the right to cancel or change the selected seat(s) on any
segment(s) for which fees have paid, at any time, for any reason, without
notice to any Passengers affected thereby. The Carrier reserves the right to
accommodate affected passengers(s) with seating in a comparable seat(s), or
the best seat(s) available at the time at carrier’s discretion, or to provide a
non-refundable credit or refund for the Fees associated with the seat(s) to the
traveller’s original form of payment.
(i) a higher fare product, then in addition to the change fee outline below
the difference in fare must also be paid at the time of the change.
(ii) a lower fare product, then in addition to the change fee outline below,
no additional fare payment will be required and the reduction in fare is
forfeited.
1) For changes being made 3 days (72 hours) or more from departure, and less
than 7 days from departure;
i. Changes incur a fee of $150 per passenger per segment.
2) For changes being made 7 days (168 hours) or more from departure;
ii. Changes incur a fee of $100 per passenger per segment.
Extra ancillary product(s), service(s) and/or privilege(s) purchased for the original flight
will be transferred to the new flight as-is. However, the Carrier reserves the right to
cancel or change the selected seat(s) on any segment(s) for which fees have paid, at
any time, for any reason, without notice to any Passengers affected thereby. The
Carrier will accommodate passengers(s) with seating in a comparable seat(s), or the
best seat(s) available at the time at carrier’s discretion.
Note: Check in and Baggage drop off must be completed at least 45 minutes prior to
departure.
*Recommended check-in time: To ensure that the passenger has plenty of time to
check in, drop off checked baggage and pass through security, the above table sets out
how much in advance of the flight’s departure time the passenger should check in.
**Check-in and baggage drop-off deadline: The passenger must have checked in,
obtained their boarding pass and checked all baggage at the baggage drop-off counter
before the check-in deadline for their flight. e.g. if the passenger’s flight to a Canadian
city leaves at 7:00 a.m., the passenger is required to have completed checked in and
checked all baggage with carrier by 6:15 a.m. (45 minutes before their flight).
***Boarding gate deadline: The passenger must be available for boarding at the
boarding gate by the boarding gate deadline to allow time for document verification.
If the passenger fails to meet the time limits specified in the above chart, Swoop may
reassign any pre-reserved seat and/or cancel the reservation of the passenger and the
carrier may not be able to transport the passenger’s baggage. The carrier is not liable to
the passenger for loss or expense due to the passenger’s failure to comply with this
provision.
Note: It is recommended that the passenger provide the carrier with a point of contact
(e-mail address and/or telephone numbers) in case the carrier must communicate with
the passenger prior to his/her departure or at any point during the passenger’s itinerary.
Swoop will make a reasonable effort to inform its passengers of any delays or schedule
changes. (See Rule 90(B)4.)
2. A routing may be travelled via any or all cities named in the routing diagram,
unless otherwise restricted.
2) The Carrier will generally accept for transportation as Baggage, any good that is
necessary or appropriate for the wear, use, comfort, or convenience of the
Passenger for the purpose of the trip, subject to the following:
3) Checked Baggage
a) Once the Carrier takes possession of the Passenger’s Checked Baggage, the
Carrier will issue a Baggage identification tag for each piece of Checked
Baggage. A portion of this tag will be provided to the Passenger and each bag
will be affixed with the corresponding remaining portion of the tag.
b) Checked Baggage will be carried on the same aircraft as the Passenger unless
the Baggage is delayed or the Carrier decides that it is impractical to carry the
Baggage on the same aircraft. In case of delay, the Carrier will take necessary
steps to inform the Passenger on the status of the Baggage and arrange to
deliver the Baggage to the Passenger as soon as possible.
c) For Infants, the Carrier will permit a small diaper bag, approved child restraint
system, playpen and/or stroller subject to the terms and conditions of Rule
55(B)(3)(e).
d) Checked bag fees are non-refundable except if the booking is cancelled within 24
hours of being made for flights departing more than 7 days from the date of
booking.
i) A first, second, third or fourth piece of checked Baggage within the weight
and size limits defined in this section which will be charged according to the
fee tables below. Carrier reserves the right to limit checked Baggage to select
destinations based on aircraft load capacity limitations;
iii) Overweight Baggage more than 23 kg (50 lbs) but not exceeding 45 kg (100
lbs) will be accepted to all destinations subject to the fees in the tables below.
Baggage over 45 kg (100 lbs) will not be accepted for transport;
v) Swoop recommends all Baggage must have a Baggage tag attached with the
Passenger's current name, address and contact telephone;
vi) Checked Baggage may weigh up to 23kg (50lbs) with combined length plus
width plus height dimensions of 157 cm (62'). See for acceptance of
additional and excess Baggage;
vii) For infants, lap-held or in a paid seat, the Carrier permits up to one (1) small
carry-on diaper bag to be stored under seat and one (1) infant safety restraint
system (approved car seat) to be checked or placed in the paid seat at no
charge;
viii) For infants, lap-held or in a paid seat, the Carrier will permit up to two (2)
additional child/infant equipment items (such as playpen or stroller) at the rate
listed hereafter with additional baggage items in excess of the infant
allowance being charged at the standard checked Baggage amount
applicable for the date of travel as outlined in Rule 55(B)(3)(e)xi.
Rates effective for new bookings made after December 03, 2018:
ix) Articles of Baggage or goods will not be carried when such articles are likely to
endanger the aircraft, persons or property are likely to be damaged by air
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carriage, are unsuitable packed, or the carriage of which would violate the
laws, regulations, or orders of countries or possessions to be flown from, into,
or over.
x) Checked Baggage fees are refundable to the original form of payment in the
event of an itinerary cancellation made within 24 hours of Reservation
confirmation where the scheduled departure of the first flight is seven (7) days
or more after the date of Reservation confirmation. All Checked Baggage fees
are otherwise non-refundable and non-creditable.
xi) Except as outlined herein, all Baggage requires payment of a fee. Passengers
are required to pay Baggage fees as outlined below for each channel type:
Rates effective for new bookings made before April 11, 2019:
Rates effective for new bookings made after April 11, 2019:
“Manage Booking” available via Swoop Mobile App and FlySwoop.com, allowing
itinerary access from time of initial booking to check-in to purchase baggage.
**Available between 3 hours and 45 minutes before the scheduled departure time.
^For flights operated where aircraft load limitations are exceeded, fee is $200 and
communicated clearly at time of purchase.
^^For flights operated where aircraft load limitations are exceeded, fee is $225 and
communicated clearly at time of purchase.
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Note 1: in the event that a bag is lost, Passengers will be reimbursed for their Baggage
fee (not including excess valuation) in addition to settlement for the loss of Baggage.
Note 2: in addition to any other applicable Baggage fee, each overweight bag will be
charged a fee of $100 CAD per piece.
Note 3: in addition to any other applicable Baggage fee, any oversize Baggage will be
charged a fee of $100 CAD per piece.
4) Acceptance of carry-on Baggage
Rates effective for new bookings made after April 11, 2019 and include
priorityboarding.
In the interest of Passenger safety within the cabin, the Carrier also reserves the right to
check any carry-on Baggage that does not fit due to aircraft operating limitations or lack
of overhead bin space within the cabin.
If a passenger exceeds the maximum number of bags permitted and/or the maximum
weight allowed for each bag or the maximum dimensions permitted for each checked or
carried on bag, the passenger will be subject to excess baggage charges.
Note: This provision does not apply to aids for persons with disabilities. (See Rule 71(F))
The passenger’s name and point of contact must appear on the baggage. It is
recommended that the name and point of contact also be included inside the baggage.
2. Only the passenger who was given a baggage identification tag when the carrier
took possession of the baggage is entitled to accept delivery of the baggage.
4. Acceptance of the baggage without complaint, within the time limits stipulated in
Rule 120(C), by the passenger in possession of the baggage identification tag is
evidence that the carrier delivered the baggage in good condition and in
accordance with this tariff.
b) Bicycle and helmet - a maximum of one bicycle and one helmet are allowed per
Passenger. A bicycle must be packed flat in a bicycle bag or boxes. Carrier may
refuse carriage of improperly packaged bicycles. Oversize and oversized fees
apply.
c) Football equipment - A set consists of cleats, a football, football helmet, knee
pads, and shoulder pads. Overweight and oversized fee waived.
d) Golf equipment - Golf equipment must be packed in a container specially
designed for shipping or in a bag with an attached hood. Tripod legs on golf bags
must be secured or taped to the golf bag. A set consists of golf balls, golf clubs,
and golf shoes. Oversize fee waived. Overweight fees apply.
e) Hockey equipment (or ringette, lacrosse) – A set contains a helmet,
puck/ring/ball, sticks, pads, and skates/cleats/shoes. Overweight and oversized
fee waived.
f) Snow ski equipment - Skis must be packed for shipping to prevent damage. A set
consists of: a pair of skis, a pair of ski poles, helmet, a pair of boots (which can
be checked in a separate boot bag). Oversize fee is waived. Overweight fees
apply.
g) Snowboard equipment - The snowboard must be packed for shipping to prevent
damage. A set consists of: a snowboard, helmet, a pair of boots (which can be
checked in a separate boot bag). Oversize fee is waived. Overweight fees apply.
h) Water ski equipment - The water ski equipment must be packed for shipping to
prevent damage. A set consists of two water skis. Oversize fee is waived.
Overweight fees apply.
Note: This provision does not apply to aids for persons with disabilities. (See Rule 71(F))
2. Items which are likely to endanger the aircraft or persons or property on board
the aircraft. These unacceptable items are specified in the International Civil
Aviation Organization (ICAO) Technical Instructions for the Safe Transport of
Dangerous Goods by Air and the International Air Transport Association (IATA)
Dangerous Goods Regulations.
3. Items, which in the carrier’s opinion, are unsuitable for carriage because of their
weight, size or character, for example, fragile or perishable items.
Swoop Inc. CTA(A) No. 1 Page 42
5. Firearms and ammunition other than for hunting or sporting purposes are
prohibited from carriage as baggage. Firearms and ammunition for hunting and
sporting purposes will be accepted as checked baggage provided the firearms
are not loaded, the safety catch is in the “on” position and the firearms are
suitably packed. The carriage of ammunition is subject to the ICAO and IATA
regulations mentioned in 2. above.
6. Weapons such as antique firearms, swords, knives and other similar items may
be accepted as checked baggage at the carrier’s discretion, provided they are
suitably packed.
7. The passenger shall not include in the checked baggage fragile or perishable
items, money, jewelry, precious metals, silverware, negotiable papers, securities
or other valuables, business documents, samples, passports and other
identification documents.
2. The carrier will, at its sole discretion, refuse to carry any baggage because of its
size, shape, weight or character.
3. Unless advance arrangements have been made with the carrier, the carrier may
carry on later flights baggage which is in excess of the free baggage allowance.
Swoop Inc. CTA(A) No. 1 Page 43
4. The carrier will refuse to carry checked baggage if it determines that the baggage
has not been properly and securely packed in suitable suitcases or containers.
Note: This provision does not apply to aids for persons with disabilities.
See Rule 71(F)
2. Persons entrusted with the care of infants and children must be capable of
discharging this duty.
3. Swoop does not accept unaccompanied minors (11 year of age and under).
Infants
1. Infants under two years of age on the date of travel do not require a seat.
2. For all travel within Canada infants under two years of age do require a ticket.
3. Only one infant under the age of two years may be held in the lap of an
accompanying passenger 12 years of age or older.
4. No single passenger shall be responsible for more than one infant whether the
infant is held on the lap of an accompanying passenger or a seat has been
purchased for the infant and the infant is secured in an approved child restraint
system (car seat).
5. An infant under two years of age at the time of departure but reaching his/her
second birthday during the continuing/return flight(s) will require a seat and must
pay the applicable fare for the continuing/return flight(s).
6. Infants under two years of age occupying a seat must be properly secured in a
Transport Canada approved child restraint device.
Children
1. All children, two years of age or older, must be ticketed and assigned a seat.
3. All Minors, 16 years of age or older, may accompany other Infants and Children
under 5 years of age and will be considered as adults for the purposes of travel
and will be charged the applicable adult Fare.
4. All children, 12 years of age or older, may accompany other children 5 years of
age or older and will be considered as adults for the purposes of travel and will
be charged the applicable adult fare.
(C) Documentation
1. For travel within Canada, passengers under 18 years of age are required to carry
identification such as a valid passport, original birth certificate, non-government
ID (example – Student ID Card), or a Nexus card.
2. In addition to the above, the carrier may require presentation of the following
documents when children are accompanied by an adult:
Where space permits, Swoop will, without charge, permit the person to store a manually
operated folding wheelchair and small aids in the passenger cabin, or in a dedicated
space in the cargo hold during the flight.
The assembling and disassembling of mobility aids is provided by Swoop without
charge.
Wheelchairs and mobility aids will be the last items to be stowed in the aircraft hold and
the first items to be removed.
Swoop Inc. CTA(A) No. 1 Page 50
Applicable to domestic operations only: Where the design of the aircraft that has
fewer than 60 passenger seats does not permit the carriage of a person’s aid, the air
carrier is not required to carry the aid. The carrier will advise the person about
transportation arrangements that are available for the aid.
Note: For provisions related to limitations of liability regarding loss of, damage to, or
delay in delivering mobility aids, refer to Rule 120(B)4., Mobility aids
2. where facilities permit, while the person is moving between the terminal and the
door of the aircraft;
3. where space and facilities permit, while the person is moving between the
terminal and the passenger seat.
See also: Rule 75, Acceptance of Service Dogs, and for provisions related to limitations of
liability regarding Service Dogs, refer to Rule 120(B)4., Service Dogs
efforts to accommodate requests not made within this time limit. Services to be provided
upon request will include:
Part 1
1. Assisting with registration at the check-in counter;
7. Transferring a person between the person’s own mobility aid and a mobility aid
provided by the carrier;
8. Transferring a person between a mobility aid and the person’s passenger seat;
11. Briefing individual passengers with disabilities and their attendant on emergency
procedures and the layout of the cabin.
Part 2
Attendant / Assistant
b. When the Traveller has impairments, which affect both his/her hearing
and vision with such severity that the Traveller is not able to establish a
means of communication with the Carrier’s personnel sufficient to
receive, assimilate and respond to safety related instructions;
c. When the Traveller has mobility impairment as severe as to be unable
to assist in his/her own evacuation or don an oxygen mask in the case
of a decompression.
2. Swoop does not accept search and rescue animals accompanied by handlers at
this time.
2. The passenger is responsible for complying with all laws, regulations, orders,
demands, and travel requirements of countries to be flown from, into or through
and also for complying with the instructions of the carriers concerned.
3. Swoop will not be liable for any help or information given either verbally or in
writing to the passenger in good faith about proper travel documentation.
4. Swoop will not be liable to the passenger for any consequences resulting from
the failure of the passenger to obtain the necessary travel documents or from the
failure to comply with the laws, regulations, orders and/or demands of countries
to be flown from, into or through.
2. Swoop will have the right to make and retain copies of the travel documents
presented by the passenger.
2. Any ground transfer service is performed by independent operators who are not
and shall not be deemed to be, agents or servants of Swoop.
• Situations within airline control are any situations not covered by the two
categories below. For example, they include commercial overbooking; scheduled
maintenance of an aircraft that is necessary to comply with legal requirements; or
mechanical malfunction of the aircraft identified during scheduled maintenance.
• Situations within airline control but required for safety purposes are
typically unforeseen events legally required to reduce safety risk to passengers.
While this includes mechanical problems, it does not include scheduled
maintenance or mechanical problems identified during scheduled maintenance.
Safety decisions made by the pilot and those made under an airline's Safety
Management System would also fall into this category.
• Situations outside airline control include: war or political instability; illegal acts
or sabotage; meteorological conditions or natural disasters that make the safe
operation of the aircraft impossible; instructions from air traffic control; a Notice to
Airmen (as defined in the Canadian Aviation Regulations); a security threat;
airport operation issues; a medical emergency; a collision with wildlife; a labour
disruption within the carrier or within an essential service provider such as an
airport or an air navigation service provider; a manufacturing defect in an aircraft
that reduces the safety of passengers and that was identified by the
manufacturer of the aircraft concerned, or by a competent authority; and an order
or instruction from an official of a state or a law enforcement agency or from a
person responsible for airport security.
(B) General
During a flight disruption, the carrier will keep travellers regularly informed if there is a
flight disruption (flight and tarmac delays; flight cancellations; and denials of boarding),
as to the reason for the disruption as soon as it is feasible. The flight status will be
provided every 30 minutes until a new departure time has been confirmed or alternative
travel arrangements have been made. New status information will be provided to
travellers sooner than 30 minutes after the last update if applicable and feasible. This
information will be provided through:
• an audible announcement;
• a visible announcement, upon request; and
Swoop Inc. CTA(A) No. 1 Page 58
• the available communication method the passenger has selected (e.g., email,
SMS).
1. Swoop will make all reasonable efforts to transport the passenger and his/her
baggage at the times indicated in its timetable.
3. Swoop will not guarantee and will not be held liable for cancellations or changes
to flight times that appear on passengers’ tickets due to force majeure.
4. Swoop will make all reasonable efforts to inform passengers of delays and
schedule changes and, to the extent possible, the reason for the delay or
change.
6. In the case of schedule irregularities, Swoop will give priority for assistance to
any person with a disability and unaccompanied minors.
no refund is provided, if the fare is higher than the fare paid by the
passenger, Swoop will require no additional payment from the passenger or,
(c) In situations where other options have been deemed unacceptable, and in
acknowledging that Swoop offers leisure focused service from secondary
airports with limited alternate options, re-route the passenger in the same
class of service to the destination named on the ticket, or applicable portion
thereof, on the transportation services of another transportation provider
within a reasonable amount of time. If the fare is lower no refund is provided,
if and if the fare for the revised routing is higher than the fare paid by the
passenger, Swoop will require no additional payment from the passenger or,
(d) Otherwise, should the alternate transportation proposed by the Carrier not
meet the Passenger's satisfaction, Swoop will offer a refund equal to the
Fare and charges paid. The refund will be made to the purchaser of the
ticket(s). The form of refund will be the same form used as payment of the
ticket(s). The refund will be based on the total value of the ticket(s). For
complete conditions on refunds see rule 125.
In addition to the above, the Carrier will always consider the needs of the
Passenger on a case by case basis and take into account all known
circumstances to avoid or mitigate the damages caused by the schedule
irregularity within Swoop’s control;
3. In the event of a diversion due to the behaviour or medical condition of a
Passenger, the carrier reserves the right to pursue recuperation of all associated
costs of said diversion from those parties deemed liable.
4. In the event of a schedule irregularity, not within the carrier’s control (e.g. Force
Majeure), the carrier will provide the following:
(a) The Carrier will offer the Passenger the choice to travel on another of its
scheduled flights on the same route as the Passenger was originally ticketed
or to travel on a different routing operated by the Carrier to the same ticketed
destination;
(b) Should the alternate transportation proposed by the Carrier not meet the
Passenger's satisfaction, the unused portion of the Passenger's ticket(s) will
be refunded. The refund will be made to the purchaser of the ticket(s). The
form of refund will be the same form used as payment of the ticket(s). The
refund will be based on the total value of ticket(s). For complete conditions on
refunds see rule 125.
1. For a schedule irregularity lasting longer than 3 hours, Swoop will provide the
Passenger with a meal voucher;
2. For a schedule irregularity lasting more than 8 hours or overnight, Swoop will
provide overnight hotel accommodation and airport transfers for the Passenger.
Swoop is not obligated to provide overnight accommodation for Passengers at
the first airport of departure on the ticket.
(A) Applicability
1. This rule applies to all passengers irrespective of the type of ticketed fare.
Swoop will communicate and provide information to travellers in line with those set out
in Rule 90, Section (B).
1. Swoop will publicly ask for volunteers to relinquish their seats from among the
confirmed passengers. At the same time Swoop will announce what type of
benefits passengers will be entitled to should a passenger voluntarily relinquish
his/her seat. This request process will take place at the check-in or boarding
areas. Swoop will continue to make this request of passengers until it obtains
enough volunteers to prevent other passengers from being involuntarily denied
boarding or until it determines that it does not, despite its best efforts, have
enough volunteers. Swoop will provide in writing to the volunteer the agreed to
benefits prior to the departure of their flight. Swoop may not deny boarding to any
Swoop Inc. CTA(A) No. 1 Page 62
passenger that is already onboard the aircraft, unless the denied boarding is a
requirement for safety reasons.
2. Once a passenger has voluntarily relinquished his/her seat, the passenger will
not later be involuntarily denied boarding unless he/she has been advised at the
time he/she volunteered of such possibility. At the time the passenger is advised
of such possibility of a further denial of boarding, the passenger is to be advised
of any further compensation to which he or she may be entitled to receive.
3. The passenger who voluntarily surrenders his/her seat will receive agreed upon
benefits from the carrier.
ii. A passenger with disabilities and their support person, service animal, or
emotional support animal, if any;
iv. A passenger who was previously denied boarding on the same ticket.
is travelling on any reasonable air route from the airport at which the
passenger is located to the destination that is indicated on the passenger’s
original ticket. This alternative transportation will be for services comparable
to those of the original ticket to the extent possible, or;
2. If the traveller is no longer at the point of origin that is indicated on the ticket
and the travel no longer serves a purpose because of the delay, cancellation
or denial or boarding, refund the ticket and provide the passenger with a
confirmed reservation that
i. Is for a flight to the point of origin, and
ii. Accommodates the passenger’s travel needs, or;
3. Swoop will refund the unused portion of the ticket
Swoop will refund the cost of any additional services purchased by a passenger in
connection with their original ticket if the passenger did not receive those services on
the alternative flight; or the passenger paid for those services a second time.
Refunds will be paid by the method used for the original payments and to the person
who purchased the ticket or additional services.
For reasons outside The Carrier’s control:
1. Transportation, without further charge and within a reasonable time, to the
Passenger's intended destination on a transportation service identified by
Swoop on its own services or via another transportation provider. Swoop will
provide a confirmed reservation for the next available flight that is operated
by Swoop, or a carrier with which Swoop has a commercial agreement, and
is travelling on any reasonable air route from the airport at which the
passenger is located to the destination that is indicated on the passenger’s
original ticket. This alternative transportation will be for services comparable
to those of the original ticket to the extent possible, or;
In addition to the above, the carrier will always consider the needs of the passenger on
a case by case basis and take into account all known circumstances to avoid or mitigate
the damages caused by the schedule irregularity within the carrier’s control.
a) Has not fully complied with Carrier’s ticketing, and check-in requirements, or is
not acceptable for transportation under the airline’s usual rules and practices; or
b) Is denied boarding because the flight is cancelled; or
c) Is denied boarding because a smaller capacity aircraft was substituted for safety
or operational reasons and Carrier took all reasonable measures to avoid the
substitution or that it was impossible for Carrier to take such measures; or
d) Has been offered accommodations in a section of the aircraft other than specified
in the ticket, at no extra charge, (a Passenger seated in a section for which a
lower fare is charged must be given an appropriate refund); or
e) Carrier is able to place the Passenger on another flight or flights offered by
Swoop or an alternate transportation service that is planned to reach the final
destination or next scheduled stopover within one hour of the scheduled arrival of
the Passenger’s original flight.
2) A passenger’s compensation is based on the length of delay at arrival at their final
destination. Eligible Passengers who are denied boarding involuntarily are entitled
to:
9+ hours $2400
“Length of delay” in the chart above is based on the arrival time of the original ticket
3) Method of payment
a) Swoop must give each passenger who qualifies for denied boarding
compensation, a payment by cash or cash equivalent, cheque or draft for the
mount specified above, or travel credits on the day and place the involuntary
denied boarding occurs. If the payment cannot be made before the passengers
new departure time, the payment will be sent to the passenger within 48 hours,
and the amount of compensation will be confirmed in writing prior to the
passengers initial flight departure. The amount of compensation may be
supplemented if the passengers delay at arrival time is longer than previously
agreed to when the payment was issued.
b) Swoop will inform passengers in writing, of the amount of cash / cash equivalent
compensation that would be due, and that the passenger may decline travel
credits and receive cash or equivalent.
Swoop Inc. CTA(A) No. 1 Page 65
c) Swoop will fully disclose all material restrictions before the passenger decides to
give up the cash or equivalent payment in exchange for travel credit. Alternative
forms of payment will have no expiry.
d) Swoop will obtain a signed agreement of the passenger confirming that the
passenger was provided with the aforementioned information prior to providing
the travel credit in lieu of cash or cash equivalent compensation.
e) If a cash equivalent compensation is being offered or provided, it must have a
greater monetary value than the cash amount required based on the Minimum
Levels of Compensation table in Section 2 above.
(b) comply with any government request for emergency transportation; or,
3. Proof of Identity/Age
When the passenger refuses a request to produce government-issued identification to
demonstrate proof of identity.
Applicable only to travel from Canada:
Note: The carrier is required to screen each passenger by looking at the passenger,
and in particular the passenger’s entire face, to determine if they appear to be 18 years
of age or older.
The carrier is also required to screen each passenger who appears to be 18 years of
age or older by comparing the passenger, and in particular the passenger’s entire face,
against one piece of government-issued photo identification that shows the passenger’s
name, date of birth and gender.
5. Passenger’s Condition
(a) When the passenger’s actions or inactions prove to the carrier that his/her
mental, intellectual or physical condition is such as to render him/her
incapable of caring for himself/herself without assistance or medical
treatment en route unless:
Swoop Inc. CTA(A) No. 1 Page 67
Exception: (for transportation within Canada) the carrier will accept the
determination of a person with a disability as to self-reliance as per
Rule(s) 71, Carriage of Persons with Disabilities.
(ii) An expectant mother who is in or beyond the 36th week of her pregnancy
must present a medical certificate, dated within 72 hours of the scheduled
time of departure. The certificate must state that the physician has
examined the patient and found her to be physically fit for travel by air and
the certificate must state the estimated date of birth.
However, the carrier will accept escorted passengers under the following conditions
when the passenger has a mental health condition and is under care of a psychiatric
institution or other responsible authority:
(a) Medical authority furnishes assurance, in writing, that an escorted person with
a mental health condition can be transported safely.
(b) Request for carriage is made at least 48 hours before scheduled departure.
(c) The escort has purchased a ticket and accompanies the escorted passenger
at all times.
(c) The person’s conduct involves any hazard or risk to their self or other
persons (including travel involving pregnant passengers or unborn children)
or to property.
(d) The person fails to observe the instructions of the aircraft crew, including
instructions to stop any prohibited conduct.
(e) The person is unable or unwilling to sit in his/her assigned seat with the
seat belt fastened.
Swoop Inc. CTA(A) No. 1 Page 69
(g) The person uses or continues to use a cellular phone, a laptop computer or
another electronic device onboard the aircraft after being advised to stop such
use by a member of the crew.
(b) Probation: At any time, the carrier may stipulate that the passenger is to
follow certain probationary conditions, such as to not engage in prohibited
conduct, in order for the carrier to provide transport to the passenger. Such
probationary conditions may be imposed for any length of time which, in the
exercise of the carrier’s reasonable discretion, is necessary to ensure the
passenger continues to avoid prohibited conduct.
(c) Refusal to Transport the Passenger: The length of this refusal to transport
may range from a one-time refusal to a longer period determined at the
reasonable discretion of the carrier in light of the circumstances. Such refusal
will be for a period appropriate to the nature of the prohibited conduct and until
the carrier is satisfied that the passenger no longer constitutes a threat to the
safety of other passengers, crew or the aircraft or to the comfort of other
passengers or crew; the unhindered performance of the crew members in their
duty onboard the aircraft; or safe and adequate flight operations.
3. The carrier will respond to the passenger within a reasonable period of time
providing carrier’s assessment as to whether it remains necessary to continue
the ban or maintain the probation period.
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2. The carrier will absorb passenger expenses en route which may include hotel
accommodations, charges for communications, ground transfer services or
meals other than those served onboard an aircraft when the passenger’s flight is
delayed for reasons within Swoop’s control.
Swoop Inc. CTA(A) No. 1 Page 72
2. Before boarding, the passenger must present the carrier with proof that he/she
has been issued a valid ticket for the flight. Such proof must be in the form of an
itinerary/receipt, a record locator or reservation number, or boarding pass and
the passenger must provide the carrier with positive identification to be entitled to
transportation. The ticket will give the passenger the right to transportation only
between the points of origin and destination, and on the dates, times and via the
routing shown on the ticket.
3. Flight coupons will be honoured only in the order, in which they are displayed on
the passenger’s ticket and stored in the carrier’s database.
4. The ticket remains at all times the property of the carrier which issued the ticket.
5. The carrier does not permit the passenger to hold more than one confirmed
reservation/ticket on the same departure flight/origin and destination for the same
travel date.
2. Period of Validity: Generally, the period of validity for transportation will be one
year from the date on which transportation commences at the point of origin
designated on the original ticket, or, if no portion of the ticket is used, one year
from the date of issuance of the original ticket. However, certain fares may have
different periods of validity. If this is the case, the specific rules associated with
the fare will take precedence.
Swoop Inc. CTA(A) No. 1 Page 73
3. Computation of the Ticket Validity: When computing the ticket validity i.e., the
minimum/maximum stays and any other calendar periods set out in the ticket, the
first day to be counted will be the day following the date that transportation
commenced or that the ticket was issued.
(E) Non-transferability
A ticket is not transferable.
Note: The carrier will not be liable to the person named on the ticket if the ticket is either
presented for transportation or for a refund by another person. The carrier will refuse
transportation to any person other than the person named on the ticket.
After Travel
Swoop Inc. CTA(A) No. 1 Page 76
(i) In the case of any Traveller whose age or mental or physical condition,
including pregnancy, presents a risk or hazard, for any damages sustained
by that Traveller that would not have been sustained but for his/her age or
mental or physical condition; or
(ii) In the case of a pregnant Traveller, for any damages in respect of the
unborn child of that Traveller.
(c) With respect to third parties, the Carrier reserves all rights of recourse
against any other person, including, without limitation, rights of
contribution and indemnity.
Swoop Inc. CTA(A) No. 1 Page 77
2. In cases of bodily injury or death, the carrier shall make an advance payment where
the Carrier determines it is necessary to meet the immediate economic needs of, and
hardship suffered by, a passenger as provided in the following paragraphs:
(a) Unless a dispute arises over the identity of the person to whom an
advance payment shall be made, the Carrier shall, without delay, make
the advance payment to the passenger in an amount or amounts determined
by the Carrier in its sole discretion.
(b) The Carrier shall make the advance payment as an advance against the
Carrier’s liability under any applicable provision, whichever may apply. An
advance payment shall not constitute recognition of liability. An advance
payment shall be offset against, or deducted from the payment of, any
settlement or judgment with respect to any claim for compensation on
behalf of the passenger.
(c) The Carrier, in making an advance payment, does not waive any rights,
defenses, or limitations available, to any claim, nor shall acceptance of an
advance payment constitute a release of any claim, whatsoever, by any
person.
(d) The Carrier, in making an advance payment, preserves its right to seek
contribution or indemnity from any other person for such payment, which
shall not be deemed to be a voluntary contribution or contractual payment
on the part of the Carrier.
(e) The Carrier may recover an advance payment from any person where it is
proven that the Carrier is not liable for any damage sustained by the
passenger, or where it is proven that the person was not entitled to
receive the payment, or where and to the extent that it is proven that the
person who received the advance payment caused, or contributed to, the
damage.
(a) The Carrier shall not be liable if it proves that it and its servants and
agents took all measures that could reasonably be required to avoid the
damage, or that it was impossible for it or them to take such measures.
(b) Deliver when located the delayed Baggage to the Traveller at their
residence/hotel once it arrives.
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Liability in the case of destruction or loss of, damage to, or delay of checked and
unchecked baggage
a. Traveller must make a claim to the Carrier at the latest, within seven (7) days
from the Traveller’s receipt of Baggage. The Traveller forfeits his or her right to
obtain any payment or compensation under this Rule if he or she fails to make a
claim by this date.
b. If subparagraph (a) is met, the Carrier will pay the amount of the Carrier’s
liability for the value of the delayed Baggage up to 1,131 SDR (the “basic carrier
liability”). The rate for converting special drawing rights into Canadian dollars
shall be the rate prevailing on the date on which the amount of any damage to
be paid by the Carrier is ascertained by a court or, in the event a settlement is
agreed between Carrier and claimant, on the date settlement is agreed.
c. In no case shall the Carrier's liability exceed the actual loss suffered by the
Traveller. All claims are subject to proof of amount of loss. The maximum
liability amount is 1,131 SDR. In addition, the carrier will reimburse passengers
for any baggage fess paid if their baggage is damaged.
a. Traveller must make a claim to the Carrier at the latest, within twenty-one (21)
days from the Traveller’s receipt of Baggage. The Traveller forfeits his or her
right to obtain any payment or compensation under this Rule if he or she fails to
make a claim by this date.
b. If subparagraph (a) is met, the Carrier will pay the amount of the Carrier’s
liability for the value of the delayed Baggage up to 1,131 SDR (the “basic carrier
liability”). The rate for converting special drawing rights into Canadian dollars
shall be the rate prevailing on the date on which the amount of any damage to
be paid by the Carrier is ascertained by a court or, in the event a settlement is
agreed between Carrier and claimant, on the date settlement is agreed.
c. In no case shall the Carrier's liability exceed the actual loss suffered by the
Traveller. All claims are subject to proof of amount of loss.
6. Loss: If the Baggage does not arrive within 21 days of the same Flight as the
Traveller (the “Loss Date”), the Baggage will be determined as lost baggage. In such
case:
a. Traveller must make a claim to the Carrier at the latest, within twenty-one (21)
days from the date that the baggage was set to arrive. The Traveller forfeits his
Swoop Inc. CTA(A) No. 1 Page 79
or her right to obtain any payment or compensation under this Rule if he or she
fails to make a claim by this date.
b. If subparagraph (a) is met, the Carrier will pay the amount of the Carrier’s
liability for the value of the delayed Baggage up to 1,131 SDR (the “basic carrier
liability”). The rate for converting special drawing rights into Canadian dollars
shall be the rate prevailing on the date on which the amount of any damage to
be paid by the Carrier is ascertained by a court or, in the event a settlement is
agreed between Carrier and claimant, on the date settlement is agreed.
c. In no case shall the Carrier's liability exceed the actual loss suffered by the
Traveller. All claims are subject to proof of amount of loss. The maximum
liability amount is 1,131 SDR. In addition, the carrier will reimburse passengers
for any baggage fess paid if their baggage is lost.
7. Limit of Liability:
a. If the Carrier proves that the damage was caused or contributed to by the
negligence or other wrongful act or omission of the person claiming
compensation, or the person from whom he or she derives his or her rights, the
Carrier shall be wholly or partly exonerated from its liability to the claimant to the
extent that such negligence or wrongful act or omission caused or contributed to
the damage.
b. In any event, the Carrier shall not have any Liability under this Tariff for any loss
or claim where Traveller has made a misrepresentation regarding proof of
amount of loss or the circumstances regarding submission of proof of amount of
loss.
c. The Carrier is not liable for destruction, loss, damage or delay of Unchecked
Baggage arising out of or in connection with carriage or other supplementary
services to carriage performed by the Carrier, unless such damage is caused by
the negligence of the Carrier. Assistance offered to the Traveller by the Carrier’s
employees in loading, unloading or transferring Unchecked Baggage shall be
considered as complimentary service to the Traveller. The Carrier is not liable for
damage to such Unchecked Baggage incurred during, or, as a result of this
service, unless such damage is caused by the negligence of the Carrier’s
employees.
d. The Carrier is liable for the damage sustained in case of destruction or loss of, or
damage to, Checked Baggage upon condition only that the event which caused
the destruction, loss or damage took place on board the aircraft or during any
period within which the Checked Baggage was in the charge of the Carrier.
However, the Carrier is not liable if and to the extent that the damage resulted
from the inherent defect, quality or vice of the Baggage.
Swoop Inc. CTA(A) No. 1 Page 80
e. The Carrier is not liable for damage to the Traveller’s Baggage caused by
contents of the Traveller’s Baggage. Any Traveller whose property causes
damage to another Traveller’s Baggage or to the property of the Carrier will
compensate the Carrier for all losses and expenses it incurs as a result.
f. When the Carrier has exercised reasonable care and attention to the handling
and treatment of perishable items or fragile articles, it shall not be liable for
spoilage resulting from the delay in delivery of any perishable items described in
Rule 55, Baggage Acceptance, nor for the damage to, or damage caused by,
fragile articles described in Rule 55, Baggage Acceptance, which are unsuitably
packed.
g. The Carrier may refuse to accept any articles that do not constitute Baggage as
this term is defined in Rule 55(A), but if these articles are delivered to and
accepted by the Carrier they will be considered to be within the value of the
Baggage and the Carrier’s limit of liability.
Mobility aids
Note: Notwithstanding the normal carrier liability as contained in this rule, the limit of
liability will be waived for claims involving the loss of, damage to, or delay in delivery of
mobility aids, when such items have been accepted as checked baggage or otherwise.
In the event that a mobility aid is lost or damaged, compensation is to be based on the
cost of the repair or replacement value of the mobility aid.
In the event that a mobility aid is lost or damaged:
(a) The air carrier will immediately provide a suitable temporary replacement
without charge;
(b) If a damaged aid can be repaired, in addition to (a) above, the air carrier will
arrange, at its expense, for the prompt and adequate repair of the aid and
return it to the passenger as soon as possible;
(c) If a damaged aid cannot be repaired or is lost and cannot be located within
96 hours following the passenger’s arrival, the carrier will in addition to (a)
above, replace it with an identical aid satisfactory to the passenger, or
reimburse the passenger for the replacement cost of the aid.
Service Dogs
Should injury or death of a Service Dog result from the fault or negligence of the carrier,
the carrier will undertake to provide expeditiously, and at its own expense, medical care
for or replacement of the Service Dog.
Swoop Inc. CTA(A) No. 1 Page 81
2. Any claim against a Carrier will be extinguished unless an action is brought within two
years reckoned from the date of arrival at the Destination, or from the date on which the
aircraft ought to have arrived, or from the date on which the carriage stopped.
2. The carrier will make a refund to the person who purchased the ticket.
3. If, at the time of ticket purchase, the purchaser designates another person to
whom the refund shall be made, then the refund will be made to the person so
designated. To do so, the passenger must contact the carrier directly.
4. Acceptance of a refund by the passenger will release the carrier from further
liability.
5. In any instance where refunds are appropriate, the carrier will process requests
in a timely manner and refund the fare in the original form of payment. The
carrier will process refund requests within 30 business days for credit card
purchases, however time for the return of funds depends on the Passenger’s
financial institution.
(a) If, due to a schedule irregularity within the carrier’s control or denied
boarding in accordance with Schedule Irregularities Rule 90(C)2.(d) and
Denied Boarding Rule 95(D)4., the passenger chooses to no longer travel
due to loss of purpose of travel or if alternate travel could not be provided
within a reasonable time, the carrier will offer a refund equal to the fare and
charge paid, irrespective if travel has commenced.
(b) If, due to a schedule irregularity within the carrier’s control or denied
boarding in accordance with Schedule Irregularities Rule 90(C)2.(d) and
Denied Boarding Rule 95(D)4., the passenger chooses to no longer travel
because the alternate transportation offered does not meet with the
passenger’s satisfaction, the carrier will offer a refund equal to the fare and
charge paid.
Swoop Inc. CTA(A) No. 1 Page 83
(c) If, due to a schedule irregularity not within the carrier’s control or a refusal
to transport in accordance with Schedule Irregularities Rule 90(C)3.(d) and
(e) and Refusal to Transport Rule 105(C)1., no portion of a ticket has been
used, the amount of refund will be equal to the fare and charges paid; or
(d) If, due to a schedule irregularity not within the carrier’s control or a refusal
to transport in accordance with Schedule Irregularities Rule 90(C)3.(d) and
(e) and Refusal to Transport Rule 105(C)1., a portion of the ticket has been
used, the amount refunded to the purchaser will be the one that results in
the most generous amount using one of the following methods:
(i) The difference between the fare paid and the fare for transportation
actually used or to be used; or,
(ii) Provided that the point where travel terminated was on the
passenger’s routing as shown on the original ticket and the routing
remains unchanged, the passenger will be refunded the difference
between the one way fare applicable to the unused transportation
from the point where the passenger terminated travel to the
destination or next stopover point as named on the ticket or to the
point at which transportation is to be resumed less the same rate of
discount, (if travel is on a discount fare) that was applied to the original
one way fare (including all charges). If the passenger was travelling on
a round trip or circle trip ticket, the amount refunded would be based
on the rate of discount of one half of the round-trip fare; or,
(iii) If the point where the passenger terminated travel was not on the
routing specified on the ticket, the refund will be based on the lowest
applicable fare of any air carrier operating between the point where
the passenger terminated travel to the destination or next stopover
point named on the ticket or to the point at which transportation is to
be resumed.
3. Involuntary refund of tickets shall be made in the currency used to issue the
ticket and in the country where the ticket was purchased, whenever possible.
However, Canadian dollar refunds or refunds in the currency of the country
where the involuntary refund is necessary may be made at the request of the
passenger provided a refund in such currency is not prohibited by local
government foreign exchange control regulations.
2. Voluntary refunds will be made only by the carrier which originally issued the
ticket or its authorized agent.
3. If no portion of a ticket has been used, the refund will be full amount of the fare
paid less any cancellation fee and/or service charge.
4. If a portion of the ticket has been used, the refund will be an amount equal to the
difference between the fare paid and the applicable fare for travel between the
points for which the ticket has been used, less any cancellation fee and/or
service charge.
5. Voluntary refund of tickets shall be made in the currency used to issue the ticket
and in the country where the ticket was purchased, whenever possible. However,
Canadian dollar refunds or refunds in the currency of the country where the
voluntary refund is requested may be made at the request of the passenger
provided a refund in such currency is not prohibited by local government foreign
exchange control regulations.
6. Non-refundable tickets can be exchanged for a future ticket for up to one year
from the ticket issue date as long as the reservation is cancelled on or before the
first travel date on the ticket.
2. If no portion of a ticket has been used, the amount of refund will be equal to the
fare and charges paid.
3. If a portion of the ticket has been used, the refund will be equal to the difference
between the fare paid and the applicable fare for travel between the points for
which the ticket has been used and will not be subject to any cancellation fee
and/or service charge.
4. Refunds will only be made upon presentation of the unused coupon(s) and death
certificate, or a copy duly executed by the competent authorities (i.e. those
Swoop Inc. CTA(A) No. 1 Page 85
5. In the case of death of the passenger, the refund will be made to the estate of the
passenger.
APPENDIX A
Privacy Policy
Effective date: September 27, 2017
Who is Swoop?
For the purposes of this privacy policy, "Swoop" means 2031973 Alberta
Ltd.
Consent
It is our policy to only collect, use and disclose personal information about
you with your knowledge and consent, unless otherwise required or
allowed by law. Prior to collecting personal information, it is our policy to
identify the purposes for doing so and to limit the collection, use and
disclosure of personal information to those purposes. Generally, we will
only collect personal information from you, and use it and disclose it with
your consent or from someone on your behalf. There will be occasions
where we will either contact you with offers and travel services that we feel
will be of interest to you and rely on your consent (implied or express) while
also providing an opt-out mechanism for such contact. We will use implied
consent only in circumstances where the personal information in question
Swoop Inc. CTA(A) No. 1 Page 87
is not sensitive, where the purposes and circumstances are limited and
well-defined and where you are given an opportunity to opt-out or withdraw
your consent then or at any time by contacting us. If we identify a new
purpose for using or disclosing your personal information, unless otherwise
required by law, depending upon the sensitivity of the use or disclosure of
the personal information, we will update this policy and/or contact you to
obtain your consent for the new use or disclosure and we may use your
contact information, including your email address, to do so.
Cross-border information
Because Swoop flies across international borders, personal information
may be made available to government authorities in Canada and the
United States, as well as any other international destination, as required by
law. In addition, Swoop uses third party providers of information
technology, data processing, reservation services, data storage services
and other services. Swoop protects personal information disclosed to such
third party service providers by contractual obligations of confidentiality and
non-disclosure. Personal information, including medical information
covered by this Policy, may be processed or stored outside of Canada, and
such personal information may therefore be or become accessible to
government authorities and agencies in other jurisdictions pursuant to
lawful authority made under the laws of those jurisdictions.
Special needs
Subject to certain restrictions and the Swoop Booking Terms and
Conditions, Tariffs and Conditions of Carriage, services are offered to
persons with special needs. A special need includes situations in which an
individual may require specific requirement(s) to accommodate a disability.
A special need also includes individuals who, for medical reasons, require
a special arrangement in order to travel. In order to properly serve persons
with special needs, to assure the health and safety of all concerned, and to
ensure that an individual qualifies for any special arrangement Swoop may
offer, Swoop may require additional personal information, including relevant
medical information and information on particular requirements, such as
whether a wheelchair, oxygen supply or other special equipment are
required, information on connecting flights or connections, as well as
additional contact information in the event of an emergency. In situations
where an individual requires that they be accompanied by another
individual, Swoop will require personal information from that individual as a
passenger on the basis set out in this Policy.
Travel agents
When you book with us through a travel agent, your travel agent will
provide us with the same personal information that we would otherwise
collect from you directly in order to book a flight or other travel services.
Unless and until we are advised otherwise, we will consider a travel agent
Swoop Inc. CTA(A) No. 1 Page 90
Passenger Feedback
By submitting your comments on Swoop’s feedback section of its website,
you agree that Swoop may use your comments for internal purposes such
as, training or employee acknowledgment and recognition, and that Swoop
may publish your comments on its Intranet or in other internal documents.
Swoop Inc. CTA(A) No. 1 Page 91
Promotional contests
Swoop may offer various promotions from time to time. When you enter a
promotional contest, we ask for your name, date of birth, address (email
and/or residential), social media handle and/or phone number so that we
may communicate with you in the event you are a winner and so that we
may verify that you are of sufficient age to participate or that you meet
other eligibility requirements stated in any specific contest rules. Other
information related to the promotion or contest may be requested if
required by law.
Employment opportunities
Swoop offers employment opportunities in various locations, including over
its website and others. If you would like to apply for a job at Swoop, you will
be asked to provide your name, telephone number, address, email
address, and other information concerning your application such as
employment history, references and education. By submitting your
application, you are consenting to the collection, use, disclosure and
retention of your personal information for purposes of assessing your
suitability for current and future employment opportunities at Swoop. In
addition, you consent to the release of your personal information to our
third-party service providers for the purposes of pre-employment screening
which may include a criminal background check and reference verification.
If you are a successful candidate, this information will be retained by
Swoop as long as reasonably required for purposes of managing your
employment relationship or as otherwise required by law.
Security
Swoop has in place sophisticated security measures and procedures to
ensure that your personal information is protected from misuse and from
unauthorized access. However, no data transmission over the Internet can
be guaranteed to be 100% secure. We cannot ensure the security of the
information you transmit to us over the Internet.
Retention of information
Retention periods
Personal information collected by Swoop is retained for as long as it is
reasonably required for the purposes for which it was collected, or as
required by law, following which it is securely destroyed or made
anonymous. If you withdraw your consent to our retaining your personal
information, we will advise you as to the consequences, if any, of your
doing so.
Expiry and termination of accounts
Until your consent is withdrawn, it is our policy to keep your Swoop account
open indefinitely for your convenience in the event you decide to access it
again, and, if you have signed up for electronic communication, to continue
sending you information until you advise us that you wish to no longer
receive it. However, we do reserve the right to terminate accounts and
distribution of electronic communication at any time without notice.
• Fax: 1-844-212-5513
• Email: [email protected]
Swoop Inc. CTA(A) No. 1 Page 95
You may also use the above information to withdraw any consent you have
provided, or to register a concern or complaint with us. In all cases, we may
require that requests for information or withdrawal of consent be received
by us by email, fax, mail or otherwise in written form. We will also require
that you provide sufficient information to allow us to locate your information
to deal with your request.
Responding to you
All requests for access to your personal information and complaints must
be provided in writing and our response will be subject to verifying your
identity before replying. It is our policy to respond to all inquiries, requests
for access to personal information and concerns or complaints within 30
days of our receiving them unless otherwise allowed or required by law. If
we cannot fully respond within 30 days, we will still advise you of that within
30 days.
However, we cannot give you access to personal information that we do
not have, or that would disclose personal information concerning another
individual without their consent, or that we otherwise cannot disclose under
applicable law. There are legal restrictions in certain cases where we are
prohibited from providing you with certain information. We reserve the right,
to refuse to provide access to information where we are not legally required
to do so, in which case we will advise you of the reasons for doing so, and
of the name of a person who can answer any questions you may have.