Day Flier, Inc. ("Day Flier" or the "Company") operates as a "ticket agent" which is defined in 49 USC 40102(a)(4) as "a person (except an air carrier, a foreign carrier, or an employee of an air carrier of for foreign air carrier) that as principal or agent sells, offers for sale, negotiates for , or holds itself out as selling, providing, or arranging for air transportation." Day Flier operates as an agent of the carriers in its network and does not operate any flight or control any fleet of aircraft. Operational control (including, but not limited to, all decisions with regard to the safety of flight) of all aircraft listed in the Day Flier network rests solely with the air carrier operating each aircraft and not with Day Flier.
Day Flier makes no guarantee of travel. Day Flier shall not be liable for any delay or failure to perform in connection with any flight or in the performance of any obligation hereunder. There are numerous reasons that an operator in Day Flier's network may not be able to conduct a flight that has been confirmed. These include, but are not limited to: acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands and orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical discrepancy, illness or incapacitation of crew members, and denial of operating or landing approvals, clearances, or permits by a governmental authority. Day Flier is hereby released from any claim or demand for any direct consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated. At the time of written trip confirmation, an operator in Day Flier's network will reserve the aircraft for the client. In the event that the reserved aircraft subsequently becomes unavailable for the client's trip due to unforeseen circumstances such as mechanical problems or other events beyond the control of operator, the operator will make every effort to provide an equivalent aircraft at the quoted price. In the event that a replacement aircraft cannot be found by the operator, Day Flier will attempt to find a replacement aircraft. If an equivalent replacement aircraft cannot be found, Day Flier makes no guarantee of the original price quote and may offer the Client a suitable aircraft at another rate.