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Swoop Inc.

Domestic Tariff

CTA(A) No. 1
CTA(A) No. 1

Tariff Containing Rules Applicable to Scheduled Services


for the Transportation of Passengers and their Baggage
Between
Points in Canada
and
Points in Canada

Issue Date: June 20, 2018 Issued By: Swoop Inc Effective Date: August 2, 2018
Swoop Inc. CTA(A) No. 1 Page 3

Table of Contents
Table of Contents .......................................................................... 3

Part I – General Tariff Information ................................................. 8


Explanation of Abbreviations, Reference Marks and Symbols............................ 8
Rule 1: Definitions ................................................................................................... 9
Rule 5: Application of Tariff .................................................................................. 15
(A) General ............................................................................................................................. 15
(B) Gratuitous Carriage ........................................................................................................... 15
(C) Passenger Recourse......................................................................................................... 15
Rule 7: Protection of Personal Information ......................................................... 17
See Appendix A – Privacy Policy ......................................................................... 17

Part II – Before Departure ........................................................... 19


Rule 10: Application of Fares and Fees, Charges or Surcharges ...................... 19
(A) General ............................................................................................................................. 19
(B) Fares and Charges in Effect ............................................................................................. 19
(C) Routing .............................................................................................................................. 20
(D) Taxes and Charges ........................................................................................................... 20
Rule 11: Special Ancillary Products ..................................................................... 21
(A) Flexible Change - ModiFly ................................................................................................ 21
Rule 15: Taxes ........................................................................................................ 22
(A) General ............................................................................................................................. 22
Rule 20: Methods of Payment ............................................................................... 23
(A) General ............................................................................................................................. 23
Rule 25: Currency of Payment .............................................................................. 24
(A) General ............................................................................................................................. 24
(A) Economy Class or Class “Y” ............................................................................................. 25
(A) General ............................................................................................................................. 26
Rule 40: Reservations ........................................................................................... 27
(A) General ............................................................................................................................. 27
(B) Seat Assignment ............................................................................................................... 27
(C) Passenger Changes and Cancellation of Reservations ................................................... 30
(D) Passenger’s Responsibility ............................................................................................... 32
(E) Failure to Occupy Seat ..................................................................................................... 32
(F) Check-in Time Limits......................................................................................................... 33
(G) Priority Boarding:............................................................................................................... 33
Rule 50: Routings .................................................................................................. 35
(A) Application ......................................................................................................................... 35
Rule 55: Baggage Acceptance .............................................................................. 36
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(A) Applicability ....................................................................................................................... 36


(B) General Conditions of Acceptance of Checked and Unchecked Baggage ...................... 36
(C) Collection and Delivery of Baggage .................................................................................. 40
(D) Excess Baggage ............................................................................................................... 40
(E) Items Unacceptable as Baggage ...................................................................................... 41
(F) Musical Instruments .......................................................................................................... 42
(G) Right to Refuse Carriage of Baggage ............................................................................... 42
(H) Right of Search ................................................................................................................. 43

Part III – At the Airport/During Travel .......................................... 45


Rule 60: Acceptance of Children for Travel ......................................................... 45
(A) General ............................................................................................................................. 45
(B) Acceptance of Infants and Children .................................................................................. 46
(C) Documentation .................................................................................................................. 47
Rule 71: Carriage of Persons with Disabilities .................................................... 48
(A) Acceptance for Carriage ................................................................................................... 48
(B) Acceptance of Declaration of Self-Reliance ..................................................................... 48
(C) Medical Clearance ............................................................................................................ 48
(D) Advance Notice ................................................................................................................. 49
(E) Seating Restrictions and Assignments ............................................................................. 49
(F) Acceptance of Aids ........................................................................................................... 49
(G) Manually Operated Wheelchair Access ............................................................................ 50
(H) Service Dogs ..................................................................................................................... 50
(I) Services to be Provided to Persons with Disabilities ........................................................ 50
(J) Boarding and Deplaning ................................................................................................... 52
(K) Communication and Confirmation of Information ............................................................. 52
(L) Inquire Periodically ............................................................................................................ 52
Rule 75: Acceptance of Service Dogs .................................................................. 53
(A) General ............................................................................................................................. 53
(B) Service Dogs ..................................................................................................................... 53
Rule 80: Administrative Formalities – Travel Documents, Customs and
Security................................................................................................................... 54
(A) General ............................................................................................................................. 54
(B) Travel Documents ............................................................................................................. 54
(C) Fines, Detention Costs ...................................................................................................... 54
(D) Customs and Immigration Inspection................................................................................ 55
(E) Security Inspection ............................................................................................................ 55
Rule 85: Ground Transfer Services ...................................................................... 56
(A) General ............................................................................................................................. 56
Rule 90: Schedule Irregularities ........................................................................... 57
(A) Applicability ....................................................................................................................... 57
(B) General ............................................................................................................................. 57
(C) Passenger Options – Re-Rerouting or Refund ................................................................. 58
(D) Right to Care ..................................................................................................................... 59
(E) Tarmac Delays .................................................................................................................. 60
Rule 95: Denied Boarding and Overbooking ....................................................... 61
(A) Applicability ....................................................................................................................... 61
(B) Request for Volunteers ..................................................................................................... 61
(C) Involuntary Denied Boarding Considerations ................................................................... 62
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(D) Transportation for Passengers Involuntarily Denied Boarding ......................................... 62


(E) Compensation for Passengers Involuntarily Denied Boarding ........................................ 63
(F) Right to Care ..................................................................................................................... 65
(G) Time of Offer of Compensation ......................................................................................... 65
Rule 105: Refusal to Transport ............................................................................. 66
(A) Refusal to Transport – Removal of Passenger ................................................................. 66
(B) Passenger’s Conduct – Refusal to Transport – Prohibited Conduct and Sanctions ........ 68
(C) Recourse of the Passenger/Limitation of Liability ............................................................. 70
Rule 110: Passenger Expenses En Route ........................................................... 71
(A) General ............................................................................................................................. 71
Rule 115: Tickets.................................................................................................... 72
(A) General ............................................................................................................................. 72
(B) Validity for Carriage........................................................................................................... 72
(C) Coupon Sequence ............................................................................................................ 73
(D) Open Tickets ..................................................................................................................... 73
(E) Non-transferability ............................................................................................................. 73
(F) Prohibited Practices .......................................................................................................... 73
(G) Invalidated Tickets ............................................................................................................ 73

Part IV – After Travel ................................................................... 76


Rule 120: Limitations of Liability .......................................................................... 76
(A) Successive Carriers .......................................................................................................... 76
(B) Laws and Provisions Applicable ....................................................................................... 76
(C) Time Limitations on Claims and Actions ........................................................................... 81
(D) Overriding Law .................................................................................................................. 81
(E) Modification and Waiver .................................................................................................... 81
(F) Gratuitous Transportation ................................................................................................. 81
Rule 125: Refunds.................................................................................................. 82
(A) General ............................................................................................................................. 82
(B) Involuntary Refunds .......................................................................................................... 82
(C) Voluntary Refunds............................................................................................................. 83
(D) Time Limit for Requesting a Refund ................................................................................. 84
(E) Refunds in the Case of Death ........................................................................................... 84
(F) Jury Duty ........................................................................................................................... 85
(G) Refusal to Refund ............................................................................................................. 85

Privacy Policy .............................................................................. 86

Who is Swoop? ........................................................................... 86


What is personal information? ............................................................................. 86
Consent .................................................................................................................. 86
Collection of personal information....................................................................... 87
Use of personal information ................................................................................. 87
Booking a flight ............................................................................................................................... 87
Requirements of government authorities ............................................................ 88
Swoop Inc. CTA(A) No. 1 Page 6

Cross-border information ..................................................................................... 89


Special needs ......................................................................................................... 89
Travel agents .......................................................................................................... 89
Corporate and other third party bookings ........................................................... 90
Passenger Feedback ............................................................................................. 90
Promotional contests ............................................................................................ 91
Employment opportunities ................................................................................... 91
Cookies and other technology.............................................................................. 91
Disclosure of personal information...................................................................... 92
Security................................................................................................................... 94
Retention of information ....................................................................................... 94
Retention periods ........................................................................................................................... 94
Expiry and termination of accounts ................................................................................................ 94
Accessing your personal information .................................................................. 94
Responding to you ................................................................................................ 95
Part I

General Tariff Information


Swoop Inc. CTA(A) No. 1 Page 8

Part I – General Tariff Information


Explanation of Abbreviations, Reference Marks
and Symbols
$ Dollar(s)
(C) Denotes Change which results in neither increases or decreases
(I) Denotes Increase
(N) Denotes Addition
(R) Denotes Reduction
(X) Denotes Cancellation
CAB Civil Aeronautics Board of the United States (Department of Transportation)
CAD Canadian Dollar(s)
CTA Canadian Transportation Agency
EU European Union
IATA International Air Transport Association
ICAO International Civil Aviation Organization
N/A Not Applicable
No Number
SDR Special Drawing Rights
USD United States Dollar(s)
Swoop Inc. CTA(A) No. 1 Page 9

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.
Swoop Inc. CTA(A) No. 1 Page 15

Rule 5: Application of Tariff


(A) General
1. This Tariff is applicable to the transportation of passengers and their
accompanying baggage using aircraft operated by Swoop.

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.

5. No agent, employee or representative of the carrier has the authority to alter,


modify or waive any provisions of this tariff.

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.

(B) Gratuitous Carriage


The carrier reserves the right to exclude the application of all or any part of this tariff
with respect to gratuitous carriage as stated in this tariff.

(C) Passenger Recourse


Any compensation offered to passengers is found in this tariff and is subject to
applicable government regulations.
Swoop Inc. CTA(A) No. 1 Page 16

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.
Swoop Inc. CTA(A) No. 1 Page 17

Rule 7: Protection of Personal Information


See Appendix A – Privacy Policy
Part II

Before Departure
Swoop Inc. CTA(A) No. 1 Page 19

Part II – Before Departure


Rule 10: Application of Fares and Fees, Charges
or Surcharges
(A) General
Applicable fares are those published by or on behalf of the carrier or, if not published,
constructed in accordance with the carrier’s tariff.
Fares and charges will apply only to air transportation between the points named on the
ticket. Ground transfer services, unless otherwise specified in Rule 85, Ground Transfer
Services, will be arranged by the passenger and at his/her own expense and are not
subject to the terms of this tariff.

(B) Fares and Charges in Effect


1. Subject to government requirements and this tariff:

(a) Applicable to transportation which originates in Canada for travel


within Canada
The applicable fare is the fare in effect on the date which the ticket is
issued.
No increase in fares and charges will be collected or more restrictive
conditions of carriage (including those related to baggage) applied in the
event that an increase in fares and charges occurs or more restrictive
conditions are imposed between the date of ticket issuance and the date
of travel, provided:

(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

(iii) Sale occurs, and the ticket is issued in Canada.

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)

(D) Taxes and Charges


Any tax or charge imposed by government or other authority, or by the operator of an
airport, in respect of a passenger or the use by a passenger of any services or facilities
will be in addition to the published fares and charges and will be payable by the
passenger, except as otherwise provided in the carrier’s tariff. (See Rule 15, Taxes)
Swoop Inc. CTA(A) No. 1 Page 21

Rule 11: Special Ancillary Products


Special ancillary products are Swoop products sold at an additional rate in addition to
the base fare. Purchase is optional and all terms and conditions are also available via
FlySwoop.com. Current offerings include:

(A) Flexible Change - ModiFly


1. The option to purchase at initial booking a flexible change product that provides
the opportunity to make a one-time change to the departure time (including
same-date or alternate date) or return time (including same-date or alternate
date) of a directional booking under the following conditions:

(a) Available for purchase only at initial booking with rate clearly communicated
in booking flow;

(b) Only available for purchase up to 14 days before departure;

(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;

(e) Difference in fare due at time of change;

(f) Reduction in fare is forfeit;

(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;

(i) No additional fee at time of flexible change;

(j) Must be purchased for all passengers on reservation;

(k) Purchase of flexible change product is non-refundable.

(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.

(m) In the event of non-delivery of ModiFly services within Swoop’s control,


Swoop will refund the ModiFly fee to original form of payment upon request
within 90 days of non-delivery after which no refund will be forfeited.
Swoop Inc. CTA(A) No. 1 Page 22

Rule 15: Taxes


(A) General
1. Taxes imposed by governments are payable by the passenger and are in
addition to the published or constructed fare.

2. At the time of the ticket purchase, the passenger will be advised by the carrier of
all the taxes appearing on the ticket.

3. Taxes will be shown separately 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.
Swoop Inc. CTA(A) No. 1 Page 23

Rule 20: Methods of Payment


(A) General
The following is a list of payment options accepted by the carrier for the payment of
tickets and services offered by the carrier:
1. Credit card

i. FlySwoop.com

Visa, Mastercard, American Express, Diners Club, Discover, Visa


Debit

ii. Contact Centre

Visa, Mastercard, American Express, Diners Club, Discover, Visa


Debit

iii. Airport

Visa, Mastercard, American Express, Diners Club, Discover, Visa


Debit,

iv. Onboard our aircraft

Visa, Mastercard, American Express, Diners Club, Discover

2. Bank debit card, where facilities permit

3. Swoop Credit

4. Swoop Vouchers

Following forms of payment are not accepted:

1. Cash

2. Cheques

3. Bank drafts

4. MCO – Miscellaneous change order


Swoop Inc. CTA(A) No. 1 Page 24

Rule 25: Currency of Payment


(A) General
1. Currency provisions are subject to government regulations and applicable foreign
exchange regulations.

2. When travel commences in Canada, payment for tickets will be in Canadian


dollars at the Canadian dollar fare, or its equivalent in other currencies converted
to Canadian dollars at the Bankers’ Buying Rate of Exchange.
Swoop Inc. CTA(A) No. 1 Page 25

Rule 30: Classes of Service


(A) Economy Class or Class “Y”
1. The Economy Class/Tourist Class section will be located in the area of the
aircraft designated by the carrier as Economy Class.

2. All Swoop Passengers are seated in an Economy Class section and will be
provided Economy Class service.

3. Economy Class services will consist of:

1.1 Standard fare

The standard fare includes a randomly assigned seat and one personal item.

Optional Ancillary Fees are applicable for the following:

a) Checked baggage;

b) Carry-on baggage;

c) Seat selection;

d) Food and beverage;

e) Third-Party products, ancillaries and privileges;

f) Additional products, services and privileges include but not exclusive to:

a. Flexible change

b. Flexible cancel

c. Priority Boarding

d. Bundled Options offering one or more of the above

e. Group Bookings;
Swoop Inc. CTA(A) No. 1 Page 26

Rule 35: Capacity Limitations


(A) General
1. A reservation for space on a given flight is valid only when the availability and
allocation of that space is confirmed by the carrier and the passenger has paid
the appropriate fare and a ticket has been issued for that space.

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.
Swoop Inc. CTA(A) No. 1 Page 27

Rule 40: Reservations


(A) General
1. Any reservation or cancelling of a Reservation requested by a Traveller to be
performed via contacting the Contact Centre shall pay a fee of $15 per transaction.

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.

(B) Seat Assignment


a) If no seat has been pre-selected, Swoop will assign seats randomly during
check-in, commencing 24 hours before departure;
Swoop Inc. CTA(A) No. 1 Page 28

b) Swoop will attempt to seat Passengers on the same reservation in proximity to


each other where possible;

c) Seats are randomly assigned at no additional charge, Passengers may still


purchase an Advanced Seat Selection for an additional fee if available;

d) The carrier does not guarantee the assignment of the Passenger’s preferred
seat on the aircraft.

1) Seat assignment for Children


a) The Carrier will make reasonable efforts to ensure that children are seated with
their accompanying parent or Guardian. The Carrier provides Passengers the
option to pre-purchase seat selection up to 1-hour prior to departure but there is
no obligation to do so.

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.

2) Advance seat selection


a) General

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;

3) Passengers with a disability requiring specific seating may request a seat by


contacting the Carrier’s Contact Centre;
Swoop Inc. CTA(A) No. 1 Page 29

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

Short Haul (0-1600km) Flights

Seat Fees Attribute At Initial Post-Booking:


Booking:

Front Standard Standard Seat Pitch From $15 From $25

Toward front of plane

Back Standard Standard Seat Pitch From $10 From $20

Front Extra-Leg 4” to 6” Extra Seat Pitch From $40 From $60


Room (ELR)
Toward front of plane

Exit Row 4” to 6” Extra Seat Pitch From $25 From $35


(Safety restrictions apply)

Back Extra-Leg- 4” to 6” Extra Seat Pitch From $20 From $30


Room (ELR)
Toward rear of plane

Long Haul (over 1600km) Flights

Seat Fees Attribute At Initial Post-Booking:


Booking:

Front Standard Standard Seat Pitch From $20 From $30


Swoop Inc. CTA(A) No. 1 Page 30

Seat Fees Attribute At Initial Post-Booking:


Booking:

Toward front of plane

Back Standard Standard Seat Pitch From $15 From $25

Front Extra-Leg 4” to 6” Extra Seat Pitch From $50 From $70


Room (ELR)
Toward front of plane

Exit Row 4” to 6” Extra Seat Pitch From $30 From $40


(Safety restrictions apply)

Back Extra-Leg- 4” to 6” Extra Seat Pitch From $25 From $35


Room (ELR)
Toward rear of plane

c) Changes and cancellations to advance seat selection


i. Changes to a seat selection on a Reservation after a booking has been made
will require payment of the seat fee difference.

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.

(C) Passenger Changes and Cancellation of


Reservations
No changes are permitted less than three days (72 hours) prior to departure.
For changes being made 3 days (72 hours) or more from departure, passengers can
make a one-time change to their reservation which is limited to a single change in
departure time (which may change the flight date). Change is available for flight(s) of
the same origin and destination points only. Changes can be made on the web via MMB
(Manage My Booking). Changes that cannot be processed on the web will have the
ability to be processed in the contact centre (contact center fee waived).
If the passenger is making a change to their reservation that results in;
Swoop Inc. CTA(A) No. 1 Page 31

(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.

Conditions below regarding passenger cancellations apply to bookings made prior to


May 24th, 2019.
All reservations (total fare including taxes and fees) are refundable toward a Swoop
Credit more than 24 hours before departure subject to conditions listed below subject to
a cancellation fee and forfeiture of prepaid ancillary fees.
All reservations (total fare including taxes and fees) are non-refundable less than 24
hours before the planned departure of the Flight. No changes to a Reservation are
permitted unless optional ModiFly flexible change has been pre-purchased.
1) Cancellations incur a $100 CAD fee per booking per passenger.
2) The remaining balance of the Reservation will be issued to the Passenger in the
form of a Swoop Credit and will include all amounts paid by the Passenger in
association with the Fare, including refundable Fees, Charges, Surcharges and
Taxes applicable to the fare, less any cancellation fees and the optional extra
ancillary purchased. The Swoop Credit shall be valid for 90 days from the date of
its creation.
3) Cancellations made within 24 hours of original booking for flights departing more
than 7 days from the date of travel shall be eligible for a refund to the original
form of payment.
4) The Carrier will cancel Reservations of any Passenger:
Swoop Inc. CTA(A) No. 1 Page 32

a) To comply with any government regulations; or,


b) Due to Force Majeure.
Conditions below regarding passenger cancellations apply to bookings made on or after
May 24th, 2019.
All reservations (total fare including taxes and fees) are non-refundable (to original form
of payment or in the form of a credit) after 24 hours from the original booking date.
1) Cancellations made within 24 hours of original booking for flights departing
more than 7 days from the date of travel shall be eligible for a refund to the
original form of payment.
2) The Carrier will cancel Reservations of any Passenger:
a) To comply with any government regulations; or,
b) Due to Force Majeure.

(D) Passenger’s Responsibility


The passenger must arrive at the airport with sufficient time to complete check-in,
government formalities, security clearance and the departure process while meeting the
time limits detailed in (F) below. Flights will not be delayed for passengers who have not
completed any of these pre-boarding requirements. The carrier will not be liable for loss
or expense due to the passenger’s failure to comply with this provision.

(E) Failure to Occupy Seat


If the passenger does not occupy space which has been reserved by/for him/her and
the carrier is not notified of the cancellation of such reservation up to and until the
scheduled departure of that particular flight, the carrier will cancel all continuing or
return reservations held by the passenger and will not be liable for doing so other than
to refund the passenger’s ticket in accordance with the applicable fare rule.
Swoop Inc. CTA(A) No. 1 Page 33

(F) Check-in Time Limits


Travel Recommended Check-in/baggage Boarding gate
check-in time* drop-off deadline** deadline***

To/From Canada 90 minutes 45 minutes 35 minutes

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.)

(G) Priority Boarding:


Priority boarding is an optional Ancillary service fee that allows boarding of the aircraft
after pre-boarding and prior to general boarding.
a) Priority boarding fees are non-refundable except if the booking is
cancelled within 24 hours of booking and outside 7 days of departure.

b) The fee for Priority Boarding is as follows:

i. Booking (Web, Mobile, Contact Centre): $10


Swoop Inc. CTA(A) No. 1 Page 34

ii. Manage booking (Web, Mobile, Contact Centre): $15

iii. Online check-in: $20


Swoop Inc. CTA(A) No. 1 Page 35

Rule 50: Routings


(A) Application
1. A routing is applicable only to the fares which are specifically associated with it.

2. A routing may be travelled via any or all cities named in the routing diagram,
unless otherwise restricted.

3. All of the applicable routing may result in non-stop travel.


Swoop Inc. CTA(A) No. 1 Page 36

Rule 55: Baggage Acceptance


(A) Applicability
1) This rule applies to transportation of Baggage. The Carrier will only transport
baggage to the Destination of the Flight. All Checked Baggage must have a Baggage
Identification Tag. All Unchecked Baggage should have a tag with the Passenger’s
name, address and telephone number.
2) Unchecked Baggage, including personal items, will be considered to be property of
the Passenger who is in possession of the Baggage at the time of embarkation.

(B) General Conditions of Acceptance of Checked


and Unchecked Baggage
1) The Carrier reserves the right to refuse to board or transport any goods or
baggage which, in the Carrier’s sole discretion, are not appropriately packaged
for Flight or which are otherwise unsuitable for Flight.

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.

e) The Carrier accepts (based on available space):


Swoop Inc. CTA(A) No. 1 Page 37

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;

ii) Oversized Baggage in excess of the combined dimensions of 157 cm (62


inches) but not exceeding 203 cm (80 inches) will be accepted to/from all
destinations subject to the fees in the tables below. Baggage with combined
dimensions exceeding 203 cm (80 inches) will not be accepted for transport;

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;

iv) Combined excesses: an item of Baggage that exceeds the Baggage


allowance and is oversize or overweight will be subject to all applicable
combinations of fees;

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:

Initial Manage Check-In Check-In


At Gate
Booking Booking (Web/Mobile) (Airport)
Infant Personal Bag^ (Diaper Bag) FREE FREE FREE FREE FREE
Infant Safety Restraint (Car Seat) FREE FREE FREE FREE FREE
Infant Equipment (Charge Per Item) $21 $26 $30 $34 $39
^ Maximum size of 41 cm x 15 cm x 33 cm (16 in. X 6 in. X 13 in.).

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
Swoop Inc. CTA(A) No. 1 Page 38

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:

Manage Check-In Check-In


Initial Booking At Gate
Booking (Web/Mobile)* (Airport)**
First Bag $35 $40 $45 $50 $80
Second Bag $50 $55 $60 $65 n/a
Third/Forth Bag
$100^ $105^ $110^ $115^^ n/a
(Each piece)

Rates effective for new bookings made after April 11, 2019:

Manage Check-In Check-In


Initial Booking At Gate
Booking (Web/Mobile)* (Airport)**
First Bag $35 $40 $45 $50 $70
Second Bag $50 $55 $60 $65 n/a
Third/Forth Bag
$100^ $105^ $110^ $115^^ n/a
(Each piece)

“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 up to 60 minutes before scheduled departure time.

**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.
Swoop Inc. CTA(A) No. 1 Page 39

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

1) All carry-on Baggage must be stored in an overhead bin or placed completely


under the seat directly in front of the Passenger. The Carrier can accept one (1)
personal item per fare paying Passenger free of charge. The item may not
exceed the applicable measurements outlined below:
Personal item: maximum size of 41 cm x 15 cm x 33 cm (16 in. X 6 in. X 13 in.).
2) The Carrier can also accept one (1) carry on item per Fare paying Passenger for
a charge according to the fee table below. Carry-on Baggage fees are otherwise
non-refundable. The item may not exceed the applicable measurements outlined
below:
Carry-on item: maximum size of 53 cm x 23 cm x 38 cm (21 in. X 9 in. X 15 in.).
3) Baggage Fee Table:
Rates effective for new bookings made before April 11, 2019 and include priority
boarding.

Manage Check-In Check-In


Initial Booking At Gate
Booking (Web/Mobile)* (Airport)**
Carry-On Bag $35 $40 $45 $50 $85

Rates effective for new bookings made after April 11, 2019 and include
priorityboarding.

Manage Check-In Check-In


Initial Booking At Gate
Booking (Web/Mobile)* (Airport)**
Carry-On Bag $35 $40 $45 $50 $70

*Available between 24 hours and 60 minutes before scheduled departure time.


**Available between 3 hours and 45 minutes before the scheduled departure time.
Swoop Inc. CTA(A) No. 1 Page 40

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.

(C) Collection and Delivery of Baggage


1. The passenger has the right to retrieve his or her baggage without delay.

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.

3. If the passenger claiming the checked baggage is unable to produce his/her


portion of the baggage identification tag and identify the baggage by means of its
baggage identification tag, the carrier must receive satisfactory proof that the
baggage belongs to the passenger in question before delivering the baggage to
the passenger.

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.

(D) Excess Baggage


Baggage will be accepted by the carrier upon payment of applicable charges. The
charge for the excess baggage is payable prior to departure at the point of check-in as
per fee table in Rule 55(B).
Sporting equipment is considered part of the checked Baggage allowance. The Carrier
shall collect all additional fees for checked sporting equipment that exceed the checked
Baggage allowance for size and weight (unless otherwise noted below) as per Rule 55.
In all cases, the Baggage must contain the equipment noted.
a) Fishing equipment - Collapsible fishing rods can be permitted as carry-on
baggage. A fishing rod as checked baggage must be packed in a rigid or hard-
shell container. More than one fishing rod can be packed in the same container.
A set consists of a fishing rod container and a tackle box. Oversize fee is waived.
Overweight fees apply.
Swoop Inc. CTA(A) No. 1 Page 41

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))

(E) Items Unacceptable as Baggage


The following items are unacceptable as baggage and will not be transported by the
carrier:
1. Items which are forbidden to be carried by the applicable laws, regulations, or
orders of any country to be flown from, to, or over.

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

4. Live animals except as provided in Rule 75, Acceptance of Service Dogs.

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.

(F) Musical Instruments


Musical instruments in the cabin cannot exceed the combined dimensions of 45”
(113cm), in line with our existing carry-on bag dimensions but eliminating that it has to
be specific to length x height x width dimensions of 21” x 9” x 15”. There will also be a
weight limit of 50lbs for the in cabin instrument, provided the traveller is able to lift and
stow their own instrument. Instruments that are to be brought in the cabin under the
aforementioned dimensions, will be charged as the traveller’s carry-on bag as long as
the traveller has no other carry-on bags. All other baggage will have to be checked
(other than a personal item).
For Musical instruments larger than the in cabin dimensions, they will be charged as a
checked bag; allowing it to be up to 80” (203 cm) in combined total dimensions
(oversize fees will be waived). An overweight fee will be charged if the instrument
exceeds 23kg (50lbs) with a limit of 45kg (100lbs). All musical instruments will be door
delivered in order to minimize the chance of damage.

(G) Right to Refuse Carriage of Baggage


1. The carrier will refuse to carry as checked baggage any bag that the carrier has
discovered to contain any unacceptable item mentioned in (G) above and when
the passenger fails to provide the carrier with prior notice that they wish to carry
such an item in their baggage.

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)

(H) Right of Search


The carrier may request the passenger to permit a search to be conducted of his/her
person and baggage. The carrier may search baggage in the passenger’s absence. The
purpose of any search is to ensure aircraft and passenger safety, security and to
determine whether the passenger is in possession of or the baggage contains items
mentioned in (G) above or any arms or ammunition which have not been presented to
the carrier. If the passenger refuses to comply with the request for search, the carrier
may refuse to carry the passenger and/or his/her baggage.
At the Airport/During Travel
Swoop Inc. CTA(A) No. 1 Page 45

Part III – At the Airport/During Travel


Rule 60: Acceptance of Children for Travel
(A) General
1. Infants and Children under the age of 5 must be accompanied by their parent or
a person who is at least 16 years of age. Children 5 years of age or older must
be accompanied in the same cabin by a passenger 12 years of age or older.

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.

a. Preferred seat may be purchased for an additional fee as per our


advanced seat selection guidelines in Rule 40(B)

b. If not pre-purchased, seat will be assigned at time of check-in as per our


children seat assignment guidelines in Rule 40(B)
Swoop Inc. CTA(A) No. 1 Page 46

2. All children, 12 years of age or older, will be able to travel unaccompanied


without supervision and will be considered to be an adult for fare purposes.

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.

(B) Acceptance of Infants and Children


For travel within Canada

Age Accepted Conditions

9 days to 23 Yes Only one infant is permitted per adult passenger


months (at least 16 years of age or the Infants parent).
(infant) The infant may travel free of charge when the
infant is held on an accompanying adult’s lap.
An infant for whom a seat is purchased must be
properly secured in an approved child restraint
device and will be assessed the applicable fare.

2 to 11 years Yes These passengers are considered to be a child for


old (child) the purpose of air travel and will pay the
applicable child’s fare if available.
Children under 5 years of age must be
accompanied by their parent or Guest who is at
least 16 years of age. All other Children must
besupervised by a passenger of 12 years or older.
The use of an approved child restraint device is
optional for children age two and up.

12 years and Yes These passengers are considered to be adults for


older the purpose of air travel and will pay the
applicable adult fare.
These passengers are eligible to travel
unaccompanied and unsupervised. Furthermore,
they may accompany children over the age of 5..
Swoop Inc. CTA(A) No. 1 Page 47

(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:

(a) Documents establishing legal custody;


(b) Parental consent letter authorizing travel;
(c) Death certificate if one parent is deceased;
Swoop Inc. CTA(A) No. 1 Page 48

Rule 71: Carriage of Persons with Disabilities


In the case of code-share, passengers are advised that the carriage of persons with
disabilities rules applicable to their transportation are those of the carrier identified on
your ticket and not of the carrier operating the flight.

(A) Acceptance for Carriage


The carrier will make every effort to accommodate a person with a disability and will not
refuse to transport a person solely based on his/her disability. In instances when
refusing transportation to a person with a disability is necessary, the carrier will provide
a written explanation to the person for the decision to refuse carriage at the time of the
refusal.

(B) Acceptance of Declaration of Self-Reliance


Except for applicable safety-related rules and regulations, Swoop will accept the
determination made by or on behalf of a person with a disability as to self-reliance.
Once advised that he or she is “self-reliant,” Swoop shall not refuse such passenger
transportation on the basis that the person with a disability is not accompanied by a
personal attendant or based on the assumption that the passenger may require
assistance from airline employees in meeting the passenger’s needs such as
assistance with eating, using the washroom facilities or administering medication which
are beyond the range of services that are normally offered by Swoop.
See also: Rule 105(A)6.(d), Refusal to Transport, Passenger’s Condition, Medical clearance

(C) Medical Clearance


Swoop will not automatically require a medical clearance for persons with disabilities as
a condition of travel. Rather, Swoop may, in good faith and using its reasonable
discretion, determine that a person with a disability requires medical clearance where
their safety or well-being, in terms of such things as assistance with eating, using the
washroom facilities, or that of other passengers is in question. Where Swoop refuses to
transport a passenger for such reasons, a written explanation must be provided at the
time of refusal. When medical clearance is required Swoop may assess a person’s
fitness to travel based on information and/or documentation submitted by the person
with a disability (such as a note from the person’s physician or healthcare professional).
See also: Rule 105(A)6.(d), Refusal to Transport, Passenger’s Condition, Medical clearance
Swoop Inc. CTA(A) No. 1 Page 49

(D) Advance Notice


Where a passenger requests a service set out in this rule at least 48 hours prior to
departure, Swoop will provide the service. Such requests should be made by the
passenger at the time of reservation, and as far in advance of travel as possible. Where
a passenger requests a service less than 48 hours prior to departure, Swoop will make
a reasonable effort to provide the service.

(E) Seating Restrictions and Assignments


When a person identifies the nature of his or her disability, Swoop will inform the
passenger of the available seats that are most accessible and then establish with that
passenger an appropriate seat assignment.
Passengers with a disability will not be permitted to occupy seats in designated
emergency exit rows, or otherwise in accordance with applicable safety-related rules
and regulations.
Persons with disabilities and their attendants, who will meet the persons’ disability-
related needs, will be seated together.

(F) Acceptance of Aids


In addition to the regular baggage allowance, Swoop will accept, without charge, as
priority checked baggage, mobility aids, including:
1. an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair;

2. a manually operated folding wheelchair;

3. a walker, a cane, crutches or braces;

4. any device that assists the person to communicate; and

5. any prosthesis or medical device.

Where space permits, 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

(G) Manually Operated Wheelchair Access


The carrier will permit the person who uses a manually operated wheelchair to remain in
the wheelchair:
1. until the person reaches the boarding gate;

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.

(H) Service Dogs


The carrier will accept for transportation, without charge, a Service Dog required to
assist a person with a disability provided that the dog is properly harnessed and certified
in writing as having been trained by a professional Service Dog institution. For the
comfort of all passengers, the carrier staff will determine, in consultation with the person
with a disability, where the person and Service Dog will be seated. The carrier will
assign a seat to the person which provides sufficient space for the person and the
Service Dog and the carrier will permit the Service Dog to accompany the person on
board the aircraft and to remain on the floor at the person’s passenger seat. Where
there is insufficient floor space in the seat row of the person’s passenger seat, the
carrier will permit the Service Dog to remain on the floor in an area where the person
can still exercise control over the animal.

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

(I) Services to be Provided to Persons with


Disabilities
Swoop will ensure that services are provided to persons with disabilities when a request
for such services is made at least 48 hours prior to departure and will make reasonable
Swoop Inc. CTA(A) No. 1 Page 51

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;

2. Assisting in proceeding to the boarding area;

3. Assisting in boarding and deplaning;

4. Assisting in stowing and retrieving carry-on baggage and retrieving checked


baggage;

5. Assisting in moving to and from an aircraft lavatory;

6. Assisting in proceeding to the general public area or, in some cases, to a


representative of another carrier;

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;

9. Providing limited assistance with meals, such as opening packages, identifying


items and cutting large food portions;

10. Inquiring periodically during a flight about a person’s needs; and

11. Briefing individual passengers with disabilities and their attendant on emergency
procedures and the layout of the cabin.

Part 2

Attendant / Assistant

1. Carrier may require that an Attendant accompany a Traveller with a disability


as condition of providing transportation if the Traveller is not able to care for
all his/her physical needs during the Flight and requires special or unusual
attention beyond that afforded to the general public.

2. Carrier may require that an Attendant accompany a Traveller with a disability


as a condition of providing transportation if Carrier determines that such an
Attendant is essential for safety in the following circumstances:
a. When the Traveller, because of a mental or cognitive disability, is
unable to comprehend or respond to safety related instructions;
Swoop Inc. CTA(A) No. 1 Page 52

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.

(J) Boarding and Deplaning


Where a person with a disability requests assistance in boarding or seating or in
stowing carry-on baggage, Swoop will allow the person, upon request, to board the
aircraft in advance of other passengers where time permits. Swoop may also require a
person, even in the absence of a request to do so, to board the aircraft in advance of
other passengers in order that it has sufficient time to provide the requested assistance.

(K) Communication and Confirmation of Information


Announcements to passengers concerning stops, delays, schedule changes,
connections, onboard services and claiming of baggage will be made in visual, verbal
and/or written format to persons with disabilities who request such a service. For any
updates provided in a paper format, the Carrier will provide it in large print, Braille, or a
digital format, upon request.
The Carrier will supply a written confirmation of services that it will provide to that
person.

(L) Inquire Periodically


When persons in wheelchairs who are not independently mobile are waiting to board an
aircraft, Swoop will inquire periodically about their needs, and shall attend to those
needs where the services required are usually provided by Swoop.
Swoop Inc. CTA(A) No. 1 Page 53

Rule 75: Acceptance of Service Dogs


(A) General
1. Swoop does not accept any pets in the cabin or as checked baggage at this time.

2. Swoop does not accept search and rescue animals accompanied by handlers at
this time.

3. Swoop does accept Service Dogs (see below).

(B) Service Dogs


Service Dogs assisting a person with a disability that have been certified in writing as
having been trained by a professional Service Dog institution will be permitted in the
passenger cabin of the aircraft. The dog must remain on the floor at the person’s seat.
1. Swoop will accept for transportation without charge a Service Dog to assist a
person with a disability. The passenger accompanying the Service Dog will be
entitled to the normal free baggage allowance.

2. Swoop, in consultation with the person with a disability who is accompanied by a


service dog, will determine where the person with a disability will be seated in
order to ensure that adequate space is provided to the person and the service
dog.

See also: to Rule 120(B)4., Service dogs


Swoop Inc. CTA(A) No. 1 Page 54

Rule 80: Administrative Formalities – Travel


Documents, Customs and Security
(A) General
1. The passenger is responsible for obtaining all required travel documents
(passports, visas, tourist cards, health certificates, or other appropriate and
necessary identification) including those of any children that are accompanied by
the passenger.

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.

(B) Travel Documents


1. Prior to travel, the passenger must be prepared to submit for inspection to the
carrier all travel documents required by the countries concerned.

2. Swoop will have the right to make and retain copies of the travel documents
presented by the passenger.

3. As described in Rule 105, Refusal to Transport, Swoop reserves the right to


refuse transportation to any passenger who fails to present all exit, entry, health
and other documents required by law, regulation, order, demand or other
requirement of the countries where travel is intended or whose travel documents
do not appear to be in order.

(C) Fines, Detention Costs


1. If Swoop is required to pay any fine or penalty or has incurred any expense
because the passenger was refused entry into a country by reason of her/his
failure to comply with the laws, regulations, orders and/or requirements of that
country or has failed to produce required travel documents, the passenger will
reimburse Swoop, on demand, any amount so paid or expenses incurred by
Swoop.
Swoop Inc. CTA(A) No. 1 Page 55

2. A passenger found inadmissible either on route to or at destination will not be


provided a refund by Swoop on any used sector irrespective of the fare
purchased. However, the passenger will be entitled to any residual value
remaining on his or her ticket for any unused sectors. The passenger may
choose to have this residual value refunded or applied towards the issuance of
another ticket.

3. Due to the passenger’s inadmissibility into a country of transit or destination, the


passenger must pay Swoop the applicable fare to be transported from the
country where entry was refused to the original point of origin or to an alternative
destination. Swoop will apply to the payment of such a fare any funds paid by the
passenger to the carrier for unused carriage, or any funds of the passenger in
possession of the carrier.

(D) Customs and Immigration Inspection


As required, the passenger must be present for the inspection of his/her baggage by
customs or other government officials.
Swoop will not be liable for any loss or damage suffered by the passenger in the course
of such inspection or through the passenger’s failure to comply with this requirement if
the passenger’s baggage was not in the charge of Swoop.

(E) Security Inspection


The passenger shall submit to all necessary security checks by government, airport
officials and by Swoop personnel.
Swoop Inc. CTA(A) No. 1 Page 56

Rule 85: Ground Transfer Services


(A) General
1. Swoop does not maintain, operate or provide ground transfer services between
airports or between airports and city centers.

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.

3. Any effort by an employee, agent or representative of Swoop in assisting the


passenger to make arrangements for such ground transfer service shall in no
way make the carrier liable for the acts or omissions of such an independent
operator.
Swoop Inc. CTA(A) No. 1 Page 57

Rule 90: Schedule Irregularities


(A) Applicability
This rule applies to all passengers irrespective of the type of fare on which they are
travelling.
Definitions of situations within and outside of the airline's control

• 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.

2. Times shown in timetables or elsewhere are approximate and not guaranteed


and form no part of the contract of carriage. Swoop will not be responsible for
errors or omissions either in timetables or other representation of schedules. No
employee, agent or representative of Swoop is authorized to bind Swoop by any
statement or representation regarding the dates or times of departure or arrival,
or of the operation of any flight.

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.

5. It is always recommended that the passenger communicate with Swoop either by


telephone, electronic device or via Swoop’s Web site or to refer to airport
terminal displays to ascertain the flight’s status and departure time.

6. In the case of schedule irregularities, Swoop will give priority for assistance to
any person with a disability and unaccompanied minors.

7. Swoop whose flight experiences a schedule irregularity will make onward


arrangements for the passenger to the next point shown on the ticket.

(C) Passenger Options – Re-Rerouting or Refund


1. Given that a passenger has a right to information on flight times and schedule
changes, Swoop will make reasonable efforts to inform passengers of schedule
irregularities and to the extent possible, the reason for the schedule irregularities.
2. In the event of a schedule irregularity, within Swoop’s control, Swoop will present
the passenger with the following options:
(a) Carry the passenger to the destination named on the ticket, or applicable
portion thereof, within a reasonable amount of time, on another of its
passenger aircraft without additional charge or,
(b) Reroute the passenger to the destination named on the ticket, or applicable
portion thereof, on its own transportation services within a reasonable
amount of time. If the fare for the revised routing is lower than the fare paid
Swoop Inc. CTA(A) No. 1 Page 59

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.

(D) Right to Care


Except as otherwise provided in other applicable foreign legislation, in addition to the
provisions of this rule, in case of scheduled irregularity within Swoop’s control a
Passenger will be offered the following:
Swoop Inc. CTA(A) No. 1 Page 60

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.

(E) Tarmac Delays


A tarmac delay occurs when the flight is delayed after the doors on the plane have
closed prior to take off, or after the plan has landed. The minimum treatment for all
tarmac delays include; access to working lavatories, proper ventilation and heating or
cooling, food and drink, and the ability to communicate with people outside the plane
free of charge, if feasible.
In addition, after a three hour tarmac delay, the carrier will be required to return to the
gate so that passengers can disembark. However, a plane will be permitted to stay on
the tarmac for up to 45 additional minutes, if it is likely that it will take off within that
period and the airline is able to continue providing the required standards of treatment.
This allowance for a short extension is intended to ensure that the plane can take off if
there is a reasonable prospect of this occurring – so that passengers reach their final
destination and do not suffer further inconvenience caused by a flight cancellation.
However, if take off is not likely to occur within that 45 minute window, the plane will
have to return to the gate. In no circumstances will airlines be permitted to exceed this
time, unless they are prevented for reasons related to safety, security, customs or air
traffic control.
If a passenger requires urgent medical assistance while the flight is delayed on the
tarmac, the carrier will facilitate access to that assistance.
If passengers are allowed to disembark during a tarmac delay, if feasible, the carrier will
give passengers with disabilities and their support person, service animal or emotional
support animal (if any), the opportunity to disembark first.
Swoop Inc. CTA(A) No. 1 Page 61

Rule 95: Denied Boarding and Overbooking


When Swoop is unable to provide previously confirmed space due to there being more
passengers holding confirmed reservations and tickets than for which there are
available seats on a flight, Swoop will follow the provisions of this rule, unless as
otherwise provided in other applicable foreign legislation.

(A) Applicability
1. This rule applies to all passengers irrespective of the type of ticketed fare.

2. A passenger who fails to check-in or present themselves at the boarding area


within Swoop’s check-in deadline and/or boarding time deadline as specified in
Rule 40(F), Check-in Time Limits, will not receive denied boarding compensation,
will at the carrier's discretion have their reservations cancelled and will be subject
to the terms and conditions associated with the fare on which he or she is
travelling.

3. If a flight is overbooked with the result that a ticketed Passenger is not


transported on a flight for which he/she held confirmed space, Swoop will define
a remedy or remedies to mitigate the impact of the overbooking or cancellation
upon the Passenger. In defining the remedy or remedies appropriate in a
particular case, Swoop will consider the transportation needs of the Passenger
and any damages the Passenger may have suffered by reason of the
overbooking. In cases where the Passenger is offered alternative remedies, the
choice among the alternatives shall rest with the Passenger. In particular, Swoop
will offer one or more of the following remedies, section 95(B to F) below:

(B) Request for Volunteers


When a situation of denied boarding due to overbooking occurs, the following will apply:

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.

(C) Involuntary Denied Boarding Considerations


If a flight is oversold (more Passengers hold confirmed reservations than there are
seats available), no one may be denied boarding against his/her will until Carrier
personnel first ask for volunteers who will give up their reservations willingly, in
exchange for a payment deemed acceptable by the volunteering party.
If there are not enough volunteers, other Passengers may be denied boarding
involuntarily, in accordance with the following boarding priorities of Carrier:
1) In the event multiple passengers have paid an equal fare, the last to check-in will
be the first to be denied boarding. Priority boarding will be given to the following;
i. An unaccompanied minor,

ii. A passenger with disabilities and their support person, service animal, or
emotional support animal, if any;

iii. A passenger travelling with family members; and

iv. A passenger who was previously denied boarding on the same ticket.

(D) Transportation for Passengers Involuntarily


Denied Boarding
A passenger has the right to take the flight he or she has purchased. Swoop will present
a passenger who has been involuntarily denied boarding the following options:
For reasons within 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
Swoop Inc. CTA(A) No. 1 Page 63

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.

(E) Compensation for Passengers Involuntarily


Denied Boarding
In addition to providing transportation, the following will apply to a passenger who is
involuntarily denied boarding for reasons within the airline’s control (and is not required
for safety):
1) Passenger who is denied boarding involuntarily, is entitled to a payment of “denied
boarding compensation” from the Carrier unless the Passenger
Swoop Inc. CTA(A) No. 1 Page 64

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:

Minimum Levels of Compensation


Length of delay Amount (CAD)

0-6 hours $900

6-9 hours $1800

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.

(F) Right to Care


In addition, a passenger who is involuntarily denied boarding will be offered the
following free of charge, provided that it will not further delay the passenger;

(a) A meal voucher, if the transportation acceptable to the passenger departs


more than four (4) hours after the original departure time of the flight on
which the passenger was denied boarding.
(b) An overnight hotel stay and airport transfers, if the transportation
acceptable to the passenger departs more than eight (8) hours after the
original departure time of the flight on which the passenger was denied
boarding and involves an overnight stay, provided the passenger’s travel
did not start at that airport.
(c) Access to a means of communication.

(G) Time of Offer of Compensation


(a) Once compensation has been offered, and if accepted, the passenger will
sign an acknowledgment of offer on the day and at the place where the
denied boarding occurred.
(b) In the event the alternate transportation departs before the
acknowledgement of offer can be signed, the offer will be sent by mail or
by other means within 24 hours after the time the denied boarding occurs.
The passenger will, in turn, sign this acknowledgment and return it by mail
to the carrier.
Swoop Inc. CTA(A) No. 1 Page 66

Rule 105: Refusal to Transport


(A) Refusal to Transport – Removal of Passenger
The carrier will refuse to transport, or will remove any passenger at any point for any of
the following reasons:

1. Government Requests, Regulations and Force Majeure


Whenever it is necessary or advisable to:
(a) comply with any government regulation; or,

(b) comply with any government request for emergency transportation; or,

(c) address force majeure.

2. Search of Passenger and Property


When the passenger refuses to permit a search of his person or property for explosives
or for concealed, prohibited, deadly or dangerous weapon(s) or article(s).

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.

4. Failure to Comply with Carrier’s Rules and Regulations


When the passenger fails or refuses to comply with rules and regulations of the carrier
as stated in this tariff.

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

(i) the passenger is accompanied by a personal attendant who will be


responsible for assisting with the passenger’s needs en route such as
assistance with eating, using the washroom facilities or administering
medication which are beyond the range of services that are normally
offered by the carrier; and,

(ii) the passenger complies with requirements of Rule(s) 71, Carriage of


Persons with Disabilities.

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.

Note: If the passenger is accompanied by an attendant and the passenger


is refused transport, then the attendant will also be refused transport and
the two will be removed from the aircraft together.

(b) When the passenger has a contagious disease.


(c) When the passenger has an offensive odour.
Medical clearance
(d) When the carrier determines, in good faith and using its reasonable
discretion, that a passenger’s medical or physical condition involves an
unusual hazard or risk to their self or other persons (including, in the case
of expectant mothers, unborn children) or property. The carrier can require
the passenger to provide a medical certificate that then may be assessed
by the carrier’s own medical officer as a condition of the passenger’s
acceptance for subsequent travel. The carrier may refuse transportation to
the person posing such hazard or risk.
Note: Pregnant passengers:

(i) An expectant mother with a complication-free pregnancy can travel on the


carrier’s flights up to the 36th week of her pregnancy or up to four weeks
before her expected due date without a medical certificate.

(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.

6. Failure to Provide a Suitable Escort


When the passenger requires an escort due to a mental health condition and under care
of a psychiatric institution or other responsible authority and the necessary
arrangements have not been made with the carrier in advance of the departure of the
flight.
Swoop Inc. CTA(A) No. 1 Page 68

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.

(d) Approved by Swoop’s Medical Desk

(B) Passenger’s Conduct – Refusal to Transport –


Prohibited Conduct and Sanctions
1. Prohibited Conduct
Without limiting the generality of the preceding provisions, the following constitutes
prohibited conduct where it may be necessary, in the reasonable discretion of the
carrier, to take action to ensure the physical comfort or safety of the person, other
passengers (in the future and present) and/or the carrier’s employees; the safety of the
aircraft; the unhindered performance of the crew members in their duty onboard the
aircraft; or safe and adequate flight operations:
(a) The person, in the reasonable judgement of a responsible employee of the
carrier, is under the influence of alcohol or drugs (except a patient under
medical care).

(b) The person’s conduct, or condition is or has been known to be abusive,


offensive, threatening, intimidating, violent or otherwise disorderly, and, in the
reasonable judgement of a responsible employee of the carrier, there is a
possibility that the person would cause disruption or serious impairment to the
physical comfort or safety of other passengers or carrier’s employees, interfere
with a crew member in the performance of his/her duties, or otherwise
jeopardize safe and adequate flight operations.

(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

(f) The person smokes or attempts to smoke in the aircraft.

(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.

(h) The person is barefoot.

(i) The person is inappropriately dressed.

(j) The person has a prohibited article or concealed or unconcealed weapon(s).


However, the carrier will carry law enforcement or armed forces personnel
who meet the qualifications and conditions established under government
regulations.

(k) The person has resisted or may reasonably be believed to be capable of


resisting escorts.

2. Carrier Response to Prohibited Conduct


Where, in the exercise of its reasonable discretion, the carrier decides that the
passenger has engaged in prohibited conduct described above, the carrier may
impose any combination of the following sanctions:
(a) Removal of the passenger at any point.

(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.

(d) The following conduct will automatically result in a refusal to transport, up to a


possible lifetime ban:

1) The person continues to interfere with the performance of a crew member’s


duties despite verbal warnings by the crew to stop such behavior.
Swoop Inc. CTA(A) No. 1 Page 70

2) The person injures a crew member or other passenger or subjects a crew


member or other passenger to a credible threat of injury.
3) The person displays conduct that requires an unscheduled landing and/or
the use of restraints such as ties and handcuffs.
4) The person repeats a prohibited conduct after receiving a notice of
probation as mentioned in 2. above.
These remedies are without prejudice to the carrier’s other rights and recourses, namely
to seek recovery of any damage resulting from the prohibited conduct or as otherwise
provided in the carrier’s tariffs, including recourses provided in the carrier’s frequent
flyer program or the filing of criminal or statutory charges.

(C) Recourse of the Passenger/Limitation of Liability


1. The carrier’s liability in case of refusal to carry a passenger for a specific flight or
removal of a passenger on route for any reason specified in the foregoing
paragraphs will be limited to the recovery of the refund value of the unused
portion of the passenger’s ticket in accordance with Rule 125(B), Involuntary
Refunds.

2. A person who is refused carriage for a period of time, up to a lifetime ban, or to


whom a probation notice is served may provide to the carrier, in writing, the
reasons why he/she believes they no longer poses a threat to the safety or
comfort of passengers or crew, or to the safety of the aircraft. Such document
may be sent to the address provided in the refusal to carry notice or the notice of
probation.

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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Rule 110: Passenger Expenses En Route


(A) General
1. Except as stated in paragraph 2 below, the fare paid for a ticket does not include
the cost of any expenses the passenger may incur en route.

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

Rule 115: Tickets


(A) General
1. A ticket will not be issued and the carrier will not carry the passenger unless the
passenger has paid the applicable fare or has complied with all credit
arrangements.

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.

(B) Validity for Carriage


1. General: When validated, the ticket is good for carriage from the airport of
departure to the airport of destination via the route shown on the ticket, for the
applicable class of service and is valid for the period of time referred to in 2
below. The passenger will be accepted for carriage on the date and flight
segments for which a seat has been reserved. The carrier’s agreement to accept
a reservation request is subject to the availability of space. The place and date of
issue are then indicated on the ticket.

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.

4. Expiration of Validity: Tickets expire at midnight on the last day of validity


based on where the ticket was issued.

(C) Coupon Sequence


Flights appearing on the passenger’s itinerary receipt and in the carrier’s database must
be used in sequence from the place of departure as shown on the passenger’s ticket.
Each flight coupon will be accepted for transportation in the class of service on the date
and flight for which space has been reserved.

(D) Open Tickets


Not Applicable.

(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.

(F) Prohibited Practices


The carrier specifically prohibits the practice commonly known as:
Hidden City or Point Beyond Ticketing: The purchase of a fare from a point before
the passenger’s actual point of origin or to a point beyond the passenger’s actual
destination.
Use of this practice will result in the passenger’s reservation being cancelled and the
passenger will not be entitled to a refund.

(G) Invalidated Tickets


If the passenger attempts to circumvent any term or condition of sale or the carrier
determines that the passenger is making use of any of the prohibited practices specified
in (H) above, this will cause the passenger’s ticket to be invalid and the carrier will have
the right to:
Swoop Inc. CTA(A) No. 1 Page 74

(a) Cancel any remaining portion of the passenger’s itinerary; and


(b) Confiscate unused flight coupons; and
(c) Refuse to board the passenger or check the passenger’s baggage; and/or
(d) Charge the passenger for the true value of the ticket, which shall be no
less than the difference between the fare actually paid and the lowest fare
for the passenger’s actual itinerary.
Part IV

After Travel
Swoop Inc. CTA(A) No. 1 Page 76

Part IV – After Travel


Rule 120: Limitations of Liability
Applicable to Domestic Transportation within Canada
The Carrier shall in no way be liable to any Traveller, Air Crew, employee or other
person for any special, indirect or consequential damages in respect of the Carrier’s
Traveller Liability.
Notwithstanding anything to the contrary contained in this Tariff, the Carrier shall not be
liable to any Traveller, Air Crew, employee or other person for damages sustained by
the Traveller, Air Crew, employee or other person due to the negligence, acts or
omissions of that Traveller, Air Crew, employee or other person or the negligence, acts
or omissions of any other person, including any other air carrier, shipper, consignee or
owner, their agents, representatives or employees, as applicable.
The Carrier is not liable for any damages directly and solely arising out of its compliance
with any laws, government regulations, orders, or requirements or from the failure of the
Traveller to comply with same or out of any cause beyond the Carrier’s control.

(A) Successive Carriers


Transportation to be performed under one ticket or under a ticket issued with any
conjunction ticket by several successive carriers will be regarded as single operation.

(B) Laws and Provisions Applicable


1. Liability in the case of death or bodily injury of a passenger
(a) In no cases shall the Carrier’s liability exceed the actual loss suffered by
the Traveller. All claims are subject to proof of amount of loss.
(b) The carrier shall not be liable:

(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.

Liability in the case of passenger delay


3. Delay: The Carrier shall be liable for damage occasioned by delay in the carriage
of passengers by air, as provided in the following paragraphs:

(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.
Swoop Inc. CTA(A) No. 1 Page 78

Liability in the case of destruction or loss of, damage to, or delay of checked and
unchecked baggage

4. Damage: If the Baggage is damaged:

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.

5. Partial Loss: In the case of partial loss:

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

(C) Time Limitations on Claims and Actions


1. In the case of claims related to Baggage, please see Rule 120(B)(4).

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.

No action may be maintained by any Traveller or other person on account of the


Carrier's Traveller Liability under this Tariff, unless the action is commenced within one
(1) year of the occurrence of the event giving rise to the Carrier's Traveller Liability.

(D) Overriding Law


If any provision contained or referred to in the ticket or this tariff is found to be contrary
to an applicable law, government regulation, order or requirement, which cannot be
waived by agreement of the parties, such provision, to the extent that it is invalid, shall
be severed from the ticket or tariff and the remaining provisions shall continue to be of
full force and effect.

(E) Modification and Waiver


No agent, servant or representative of the carrier has the authority to alter, modify, or
waive any provisions of the content of carriage or this tariff.

(F) Gratuitous Transportation


All passengers who are transported gratuitously by the carrier will be governed by all
the provisions of this rule and by all other applicable rules of this tariff.
Swoop Inc. CTA(A) No. 1 Page 82

Rule 125: Refunds


(A) General
1. The passenger must present to the carrier or its authorized agent the unused
flight coupons of a ticket, an itinerary/receipt, a record locator, or a reservation
number as satisfactory proof that the passenger has unused portions of a ticket
which are eligible for refund.

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.

(B) Involuntary Refunds


1. Involuntary refunds are not subject to any restrictions contained in the applicable
fare rule.

2. The amount of the involuntary refund will be as follows:

(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.

(C) Voluntary Refunds


1. Voluntary refunds will be based on the applicable fare at the time of ticket
issuance, and the refund will be made in accordance with any restrictions
contained in the applicable fare rule.
Swoop Inc. CTA(A) No. 1 Page 84

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.

(D) Time Limit for Requesting a Refund


1. In cases where refunds are permitted, the passenger must make the request at
the time of cancellation or schedule irregularity, refunds will be processed within
30 days.

(E) Refunds in the Case of Death


When transportation is cancelled as a result of the death of the passenger, a member of
the immediate family or travelling companion, the refund will apply as follows:
1. Refunds in the case of death are not subject to any restrictions contained in the
applicable fare rules.

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

designated to issue a death certificate by the applicable laws of the country


concerned), in the country in which the death occurred.

5. In the case of death of the passenger, the refund will be made to the estate of the
passenger.

(F) Jury Duty


In the event the passenger is called to jury duty or subpoenaed, a full refund will apply
upon presentation of jury summons or subpoena. No other document will be accepted.

(G) Refusal to Refund


1. The carrier may refuse to refund the passenger’s ticket if that ticket is presented
for refund after its validity has expired.
Swoop Inc. CTA(A) No. 1 Page 86

APPENDIX A

Privacy Policy
Effective date: September 27, 2017

At Swoop we are committed to respecting your privacy. This policy


describes how we collect, use and disclose personal information
concerning our passengers and other individuals. We reserve the right to
update or modify this policy at any time without prior notice by posting an
updated version on this website. To alert you of a change, we will update
the effective date of this Privacy Policy.

Who is Swoop?

For the purposes of this privacy policy, "Swoop" means 2031973 Alberta
Ltd.

What is personal information?


Personal information is information about an identifiable individual. Your
personal information includes your full name, address, telephone number,
date of birth, email address, opinions, preferences, usage of Swoop's
websites, and any other information that is connected to you, identifies who
you are or would allow someone to contact you.

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.

Collection of personal information


Personal information is collected by Swoop when you provide it to us, or
when a third party, such as a travel agent, family member or other party
books a ticket on your behalf, when a third party, such as a rewards
program or a credit card services provider provides personal information to
Swoop, or when certain technologies we employ on our websites or web-
based applications are able to provide Swoop with information related to
your interaction with various websites and other technologies. If you would
like to fly with us, book a hotel or car, join a mailing list, apply for a job,
participate in a program or enter a contest that may be offered by Swoop
from time to time, you will be asked for personal information as described in
this policy or as stated to you at the time of collection. Personal information
may be collected by us through our call centre, by interaction with our or
other websites, web based applications, from you in person, from a travel
agent or other party obtaining travel services for you on your behalf, or from
a third party otherwise providing information about you on your behalf or for
your benefit. We also use various computer or web-based technologies to
collect and store information when you visit a Swoop site including but not
limited to e-cookies, pixels and other web beacons as outlined later in this
policy. It is our policy to collect personal information about you directly from
you where possible or reasonable to do so. However, there are
circumstances where personal information about you will be collected from
a third party on your behalf.

Use of personal information


Booking a flight
When you book a flight with us, or when someone books a flight with us on
your behalf, we will ask for your gender, name, address, email address,
Swoop Inc. CTA(A) No. 1 Page 88

phone number, and information related to your form of payment. We collect


this information in order to process your request for travel services or to
process refunds. We need your gender to determine the weight and
balance of our aircraft and to assist us in identifying you for legal and
security purposes. We may also use your personal information to contact
you about your flight, flight booking or about anything that affects or may
affect your flight booking or your flight, and to notify you that a credit that
you have with Swoop has been created or an existing credit is going to
expire. Additionally, we may leave an automated flight status message on
any phone number you provide in the event of a change or cancellation of
your reserved flight. Adequate personal identification documents, including
photographic likenesses, will generally be required in order to permit you to
board an aircraft or access other services. This information is collected for
security, legal and identification purposes and is generally returned to you
immediately and not retained without your consent. Following your flight,
Swoop may also use your personal information to contact you about travel
services, your travel patterns and your experiences when flying with us in
the form of a survey. You can opt out of this program at any time.

Requirements of government authorities


Because of the nature of the airline industry, and concerns with respect to
safety and security, there may be situations in which Swoop is required or
requested by legal authorities to collect, use or disclose personal
information about you, particularly when you are traveling with us, without
your knowledge or consent. Information that we are required to collect by
any Canadian, U.S. or international government authorities, depending on
your boarding location and destination, may include, as required by such
authorities, your full name, date of birth, citizenship, gender, passport
number and country of issuance, immigration visa number, permanent
resident card number, the means by which you paid for your flight, details
as to how it was booked, and any other personal information collected by
us as set out in this policy or as required by such government authority.
Please be advised that Swoop may disclose this personal information to
authorities when required or requested in conjunction with the identification
of lawful authority. In certain circumstances where we believe unlawful or
criminal activity is being committed to, on or against Swoop passengers,
people or property, we may disclose your personal information to
appropriate government authorities or other non-governmental entities in
order to allow them to properly investigate the matter.
Swoop Inc. CTA(A) No. 1 Page 89

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

to have your authority to provide us with your personal information to be


used and disclosed by us pursuant to this privacy policy. Collection, use
and disclosure of your personal information by your travel agent will be
subject to your dealings with the travel agent and their privacy policies and
practices. Travel agent access to online information from Swoop is
governed both by Swoop policies and by restrictions and levels of
permission set up by the travel agency. Personnel in each travel agent
office may be able to gain access to personal information concerning all
clients and customers of the travel agency. Access to your personal
information may not be limited to the individual travel agent you have dealt
with as travel agents may share information. Any inquiries about another
travel agency accessing your personal information should be directed to
the original travel agency with whom you booked your flight.

Corporate and other third party bookings


If a third party, including a family member or friend, or your employer or
another party other than a travel agent, has made or will be making a
booking on your behalf, that party 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 such third party to have your authority to
provide us with your personal information to be used and disclosed
pursuant to this privacy policy. Collection, use and disclosure of your
personal information by a third party will be subject to your dealings with
them and any applicable privacy policy and practices they may have.
Certain employers and other parties may be granted access to online
information from Swoop with respect to your booking where your employer
or other party has made that booking on your behalf. Such access is also
governed by our Terms of Use. Such other party, including any others to
whom it grants permission, will be able to gain access to personal
information concerning all individuals for whom they have made bookings.

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.

Cookies and other technology


A cookie is a small amount of data, often including a unique identifier, that
is sent to your browser from a website's computer and stored on your
computer's hard drive. We use "cookies" to collect and compile data.
Cookies track the movements and interactions of visitors on our websites
and allow us to collect information about visitor website usage patterns to
better understand and meet their requirements with improved design,
content, display of relevant features, and to provide you with various
advertising services. Cookies also allow our websites to recognize your
computer or device the next time you visit in order to provide a custom
experience including remembering your choice of language, exposing you
Swoop Inc. CTA(A) No. 1 Page 92

to certain website pages, and auto-filling certain forms based on your


previous visit. This also allows us to automatically fill in certain fields as
applicable. Swoop uses third-party advertising technology to serve ads
when you visit our website and certain sites on which we advertise, using
information from your visits to our website and those other sites to serve
ads which are tailored to you. In the course of serving ads to you, a unique
third-party cookie may be placed or recognized by your browser. In
addition, we use pixels or transparent GIF files, often referred to as "web
beacons", to help manage and optimize our online advertising. These are
provided by external entities like Google, Facebook, and other social media
companies, and enable our ad servers to recognize a browser's cookie
when a browser visits our website and to learn which banner ads bring
users to our website. The technology may also allow other service
providers to receive information from our website related to our online
advertising. With both cookies and web beacons, the information that we
collect, and share does not contain your name, address, telephone
number, or email address. Google and other similar providers are subject
to contractual restrictions with respect to personal information to protect
your privacy. For more information about Google specifically, including
information about how to opt-out of these technologies, go to
https://static.googleusercontent.com/media/www.google.com/en//intl/en/poli
cies/privacy/google _privacy_policy_en.pdf. Additionally, you can opt out of
Swoop's behavioural online advertising. To opt out of online behavioural
advertising using AdChoices, click on the AdChoices Icon in a banner ad.
To opt out of online behavioural advertising on Facebook, click the or on
the top right corner of a Facebook ad and select 'Why am I seeing this?'.

Disclosure of personal information


Swoop discloses your personal information to third parties as required to
process your request for travel services, including flights, hotel and car
bookings, to provide services to you, display relevant advertising, as
required by applicable law, or as otherwise set out in this policy. Swoop is
continuously seeking ways in which to better serve you. Swoop may
therefore also disclose personal information concerning you to other
organizations that may have affiliated programs to Swoop or other offers of
interest to you to allow them to contact you, but Swoop will do so only with
your consent, which you may withdraw at any time. Personal information
provided by you or on your behalf to book flights or other travel services will
generally not be provided to anyone, including a spouse, family member,
Swoop Inc. CTA(A) No. 1 Page 93

friend or co-worker, without your consent, or as required by law, or as


otherwise provided in this privacy policy. To protect your privacy rights and
personal information, and for security and legal purposes, we therefore
generally cannot disclose your personal information to any individual
contacting us and claiming either to be a spouse, family member, friend,
co-worker or otherwise entitled to your personal information, or claiming to
have your consent for us to do so, unless and until we have verified with
you that you do in fact consent to our disclosure of your personal
information to such specified individual. The exceptions to this are: We will
disclose your personal information on a reasonable basis to an individual
who has booked your current flight or other travel service where that
individual has adequately identified themselves. We will consider that,
since they previously had your consent, express or implied, to deal with us,
your consent continues. Please see Corporate and Other Third-Party
Bookings. We may also, with your consent, exchange your personal
information, including medical information, with third party medical
personnel in situations where you, or someone on your behalf, has
requested special arrangements related to medical conditions or status.
Please see Special Needs. Where an individual contacts us and provides
us with your full name and reservation code giving us reasonable grounds
to conclude they are contacting us with your consent, express or implied,
we will disclose flight information to that individual for the purposes of
permitting that individual to meet your flight or be aware of delays, and
other similar information. Flight information is limited to flight number, flight
timing information, confirmation that you have or have not boarded a flight,
and the departure and arrival locations of your journey with us. Flight
information is provided as a service and convenience to you to permit
meeting your flight and being aware of any delays or flights that are early.
We will not provide other personal information such as home address or
contact information to other individuals in these circumstances without your
express consent. If you do not wish individuals to be able to obtain flight
information from us, you should not share your reservation code with them.
Likewise, your boarding pass contains personal information, and should be
handled and disposed of in the same manner as any other personal
information you may have in your possession. Otherwise, we will conclude
that, where an individual has your reservation code, you have given your
consent to their contacting us for your flight information. A reservation code
refers to the confirmation number assigned by Swoop to for a specific flight.
Swoop Inc. CTA(A) No. 1 Page 94

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.

Accessing your personal information


Feel free to contact us if you have any questions or concerns about this
policy or the accuracy and completeness of any information in your file, if
you wish to update any of your information, if you would like to see a copy
of the information we have on file about you, or an account of the use that
has been made of your information.
To do so, simply contact Swoop toll-free at 1-888-796-4540.
Written inquiries can be directed to Swoop's privacy officer via:

• Fax: 1-844-212-5513
• Email: [email protected]
Swoop Inc. CTA(A) No. 1 Page 95

• Mail: 22 Aerial Place NE, Calgary, AB, Canada T2E 3J1

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.

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