Terms and Conditions

1. General

a. Service. The Service allows you to reserve seats (each, a “Seat”), as well as reserve the entire craft (a “Charter”) between the locations required. You agree to these Terms of Service in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.

b. Changes to the Terms of Service. SKYWAY reserves the right to revise the Terms of Service and in its sole discretion at any time and without prior notice to you other than by posting the revised Terms of Service. Revisions to this Terms of Service are effective upon posting. The Terms of Service will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of the Terms of Service has been posted by SKYWAY to the Service constitutes your binding acceptance of such revised Terms of Service. Notwithstanding the preceding sentences of this Section, no revisions to the Terms of Service will apply to any dispute between you and SKYWAY that arose prior to the effective date of such revision.

SKYWAY reserves the right to cancel, alter or delay the itinerary of any flight at any time for safety reasons or for forces beyond our control that justify such changes.

2. Reservations

a. Pre-existing Flights. The Website will display Seats available for sale on a number of Preexisting Flights.

b. Requesting a Flight. If you do not see an available Seat at the time and destination you would like to fly, you may elect “contact us”, and fill the contact form.

c. Reserving a Flight. To reserve a Flight, you will need to provide your credit card information, email address, passengers names, and a phone number and go through the steps necessary on the Website to complete your purchase.  YOUR FLIGHT IS NOT CONFIRMED UNTIL YOU RECEIVE A CONFIRMATION E-MAIL FROM SKYWAY WITH YOUR RESERVATION NUMBER. The reservation code is required to use SKYWAY services and to manage your reservation.

SKYWAY offers customer service seven days a week, 365 days a year. Office hours are: Mon. - Fri. 7 a.m. - 6 p.m. CST / Sat. - Sun. 8 a.m. - 5 p.m. CST.

Contact will be made with Passengers via e-mail address, and occasionally by a phone call to the number, as provided at the time of making the reservation in respect of schedule change(s), flight cancellation or general correspondence.

3. Fares and Payments

a. Fares. The fare for each Seat or Charter will be displayed on the Service. Fares are due and payable upon purchasing a Seat or Charter.

• Children less than 24-months-old traveling on an adult's lap may travel free of charge.
• Weight Restrictions Any passenger traveling on SKYWAY with a body weight of more than 300 pounds must purchase an extra seat. This same person will have the right to bring the amount of luggage allotted for both seats purchased, plus an additional 10 pounds as carry-on luggage.

b. Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards or wire transfers. All monetary transactions on the Service take place in U.S. Dollars or in Costa Rican Colones.

c. Additional Fees. Additional Fees may also apply for late check ins, ground transportation requests, excess baggage.

d. Additional airport fees apply at some destinations. Quepos Airport: $5.00 per passenger, Fortuna Airport: $7.00 per passenger, Bocas del Toro (Panama) $15.00 per passenger. *For International flights: Please note that there is a $29 USD departure tax payable at the airport with USD/Costa Rican cash or VISA, Mastercard or American Express. This tax must be paid before you check in for your flight. NOT INCLUDED IN THE RATE*

4- Check-In

All Domestic Flights operate out of the Domestic Terminal, in Juan Santamaria International Airport. International flights operate from Tobias Bolaños International Airport.

For all domestic flights passengers must arrive 1 hour prior to their scheduled departure time. For all international flights passengers must arrive 2 hours prior to their scheduled departure time. The Aircraft will not wait for late passengers, and passengers who miss their Pre-existing reservations will forfeit the purchase price.

For domestic flights, passengers are required to show either a Costa Rican ID or Residency Card or a valid passport. Passengers that do not comply with this requirement will not be allowed to board the aircraft and will result in a forfeiture of the full ticket fare.

All passengers with an international flight must carry a valid passport and printed proof of onward travel from Costa Rica. Passengers that do not comply with this requirement will not be allowed to board the aircraft and will result in a forfeiture of the full ticket fare.

Unaccompanied minors. For Domestic Flights, SKYWAY does not carry unaccompanied minors under 14 years. For international Flights, SKYWAY does not carry unaccompanied minors under 18 years. Escort and special facilities are not available.

Disabled Persons and Persons with Reduced Mobility Passengers with disabilities or reduced mobility or their representative should contact us with details of any special assistance needs they may have on the day of booking or as soon as such needs become known but at least forty-eight (48) hours prior to travel.

5. Cancellation & Change Policy and Refunds

a. All our Tickets are non-refundable. No refund is due for cancellations made by you after confirmation of your flight.

In the event of the serious illness of a passenger making it impossible to travel (or death), the reservations of the affected passenger and of persons travelling on the same booking reference may, at our discretion, be refunded or, as appropriate, modified by our waiving any restriction or fee on changing flights upon suitable documentary evidence produced to us in advance of the date of travel.

b. You may change your Seat reservation(s) by providing notice to SKYWAY more than 48 hours prior to the scheduled departure. A $15 fee will apply when making changes to an existing reservation. To make changes to an existing reservation please call our call center at our toll-free 1(888) 524 9396 or send an email: reservations@skywaycr.com.

Any change made within 48 hours of flight time will result in a forfeiture of the full ticket fare.

“No shows” will result in a forfeiture of the full ticket fare.

Charters. Charters of an entire aircraft must be canceled with the following notice: greater than 30 days in advance of the scheduled departure time of the Flight. You can cancel via email to reservations@skywaycr.com. In the event of a cancellation pursuant to these terms, SKYWAY will refund your money. A cancellation made within the required cancellation periods listed in subsections above will result in a forfeiture of the full Charter price.

6. Flight Delay Policy

From time to time, your Flight may be delayed due to weather, unforeseen mechanical issues, temporary flight restrictions, and airport congestion. If your flight is canceled or delayed, you will be notified by Team SKYWAY via email or phone. In the event, weather forecasts look unfavorable and there is a high probability of cancellations due to weather, SKYWAY shall endeavor to send notifications of weather delays or cancellations at least one hour prior to your departure time or no later than 10:00pm on the preceding night for flights scheduled to depart prior to 10:00am. However, weather conditions change rapidly and there may be circumstances where flights are canceled or delayed for weather or mechanical reasons up until the departure time.

In case you are notified that your flight will be delayed four hours or more past the programmed departure time and you are unable to make the newly scheduled flight, SKYWAY will make the full refund or your ticket.

Connecting Flights: SKYWAY is not responsible for missed flight connections. SKYWAY recommends that you acquire traveler’s insurance.

7. Flight Cancelations

SKYWAY may change, cancel, alter or delay the itinerary of any flight at any time for safety reasons or for forces beyond our control that justify such changes. If SKYWAY must cancel your flight due to weather, unforeseen mechanical issues, Temporary Flight Restrictions, Security alerts, strikes or flight safety eventualities, SKYWAY will not be responsible for any compensation, including for hotels or transfers. All reservations are non-refundable. However, SKYWAY will help passenger to reschedule the flight to the next available flight.

Connecting Flights SKYWAY is not responsible for missed flight connections. SKYWAY recommends that you acquire traveler’s insurance.

8. Luggage Policy.

You have the right to check one 1 piece of luggage per passenger with a maximum weight of 40 pounds. Also, one small carry on per person is allowed (10 pounds).

Your luggage will be inspected for size and weight when you arrive at the Airport. Any piece of luggage exceeding weight or size allowance will be subject to space and weight availability and $1.00 per extra pound will be charged. *All overweight and oversized luggage will be subject to weight availability*

SKYWAY reserves the right to disallow a bag or bags that exceed the maximum allowable weight or are deemed too heavy or large by the pilots operating the craft. In this case, SKYWAY can deliver the luggage to the traveler’s destination in the next flight available or by ground transportation in the next 24 hours. SKYWAY will not be liable for loss, damage, or delay in the delivery of the passenger’s luggage to his or her destination.

Golf Clubs, fishing equipment, bikes, and surfboards are only permitted with prior notification and approval, the request must be sent to reservations@skywaycr.com at least 24 hours prior to the flight departure. A $30 fee will apply and will be subject to weight availability.

Prohibited Articles. During baggage screening, all items of baggage are X-rayed under the supervision of the responsible authorities. If goods which need to be removed are found in an item of baggage, the bag will be opened by an authorized individual with the greatest care and using special tools. For reasons of safety, the following items are not permitted:

• Containers with gas, irritant gases, self-defense sprays. Oxygen tanks.
• Containers with flammable liquids, such as lighter fuel, paint, varnish, cleaning agents
• Petrol-operated equipment and tools that already contain minimal amounts of petrol (e.g. for test purposes)
• Electroshock weapons, e.g. stun guns (tasers)
• Explosives, fireworks, flares
• Poisonous (toxic) and infectious substances, such as mercury, bacteria and virus cultures
• Materials that are easily ignited, such as strike anywhere matches
• Lithium battery-powered personal transportation devices
• Oxidizing substances, such as bleaching powder and peroxides
• Radioactive materials and items
• Strongly magnetic materials
• Samsung Galaxy Note 7 smartphones. There are no storage facilities available at the airports
• Substances that emit flammable gases upon contact with water
• Caustic materials, such as acids, alkalis, wet cell batteries 

In cases where your luggage is damaged or lost, SKYWAY personnel must be notified immediately before you leave the airport. In case your luggage was lost or has been damaged SKYWAY will cover an amount of $9.07 per pound, according to the Costa Rican Civil Aviation regulations. SKYWAY is not responsible for minor damages caused by normal handling. Also, we are not responsible for the loss of personal property or high-value items (jewelry, antiques, documents, laptops, etc.) These items should be taken as a carry-on when possible.

9. Pets

Pets under 20 pounds and placed in a carrier or on the passenger’s lap are permitted on Flights. Please notify SKYWAY in advance of all travel with pets and service animals by calling our toll free number 1(844) 2246496 or sending an email to reservations@skywaycr.com. An additional charge may apply. Recognized assistance dogs, such as, for example, guide dogs and hearing dogs, can be transported in the cabin free of charge.

10. Passenger Seating. 

SKYWAY may assign specific seats to passengers on Flights based on the weight and size of the passenger.

11. Refusal to Transport.

SKYWAY  may, in its sole discretion, refuse to transport or may remove from an aircraft at any point any passenger for one or several reasons, including but not limited to: (i) failure by the passenger to comply with the rules of these Terms of Service or disobeying specific instructions given by craft pilots in the interest of safety; (ii) conduct of the passenger that in the judgment of SKYWAY is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise inimical to the comfort of other passengers or to safety of the flight; (iii) appearance by the passenger that he/she is intoxicated or under the influence of drugs to a degree that refusal or removal may be necessary for the comfort and safety of the passenger, other passengers, or the flight crew.

The tickets of any passenger refused passage or removed under the provisions of this Section 11 will be refunded to the passenger. Such a refund shall be the sole recourse of any Passenger refused passage or removed. UNDER NO CIRCUMSTANCES WILL CARRIER BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE.

12. Service Security.

You are prohibited from violating or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at SKYWAY ´s sole discretion. SKYWAY reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.

13.  Third Party Services

When the services of any third party offering to provide services other than carriage by air (such as transfers, hotel or hostel reservations, car rental, parking services or airport services) are promoted either on https://www.SKYWAYcr.com/ or in any other media, these services are operated by third parties and the terms and conditions of the third party service provider will apply. We are not responsible for the correct performance or otherwise of these third party suppliers and in particular are not responsible for late, cancelled or incorrectly featured transfer information.

14.  Third Party Material

You understand that by using the Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content from SKYWAY (collectively (including Third Party Materials), “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the Service, and rely upon any Content accessible through the Service, at your sole risk and that SKYWAY will not have any liability to you for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.

You agree and understand that the Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you will not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that SKYWAY not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal, or other harmful messages or transmissions that you may receive as a result of using the Service.

15. Ownership.

The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of SKYWAY. All rights not expressly granted by a party hereunder are expressly reserved.

16. Feedback.

We are committed to develop and evaluate our products and services by paying close attention to the interests, feedback, comments, and suggestions we receive from the users. If you choose to contribute by sending SKYWAY any ideas then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to SKYWAY, you agree that:

a. SKYWAY has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

b. You irrevocably grant SKYWAY perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

17. Indemnity.

You agree to indemnify and hold SKYWAY, and its members, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Content in the website.

18. LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SKYWAY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE WEBSITE, THE PACKAGE, OR SERVICE MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SKYWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SKYWAY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO SKYWAY BY YOU IN THE PRECEDING 12 MONTHS OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

19. SKYWAY DOES NOT PROVIDE CAR RENTAL, LODGING, OR GROUND TRANSPORTATION SERVICES.

IT IS UP TO THE THIRD-PARTY LODGING, CAR RENTAL, TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER THE SERVICES WHICH MAY BE SCHEDULED THROUGH THE WEBSITE. SKYWAY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE THOSE SERVICES OR ACT IN ANY WAY AS GROUND TRANSPORTATION CARRIER, LODGING OR CAR RENTAL AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. SKYWAY MAY INTRODUCE YOU TO THIRD-PARTY PROVIDERS, TO PROVIDE YOU TRANSPORTATION, OR LODGING BUT SKYWAY DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE SKYWAY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY PROVIDER. YOU ACKNOWLEDGE THAT SKYWAY DOES NOT MONITOR ANY THIRD-PARTY PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND SKYWAY WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. SKYWAY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SKYWAY ’S SERVICES RESTS SOLELY WITH YOU. SKYWAY WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE SKYWAYFROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. THE QUALITY OF THE SERVICES SCHEDULED THROUGH THE WEBSITE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN RISK. IN NO EVENT WILL SKYWAY , ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE, PERSONS YOU MEET THROUGH THE SERVICE OR FLIGHTS YOU BOOK THROUGH THE WEBSITE.

20. THIRD PARTY DISPUTES.

ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE SKYWAY AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

21. Dispute Resolution

a. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND SKYWAY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Skyway, to you via any other method available to Skyway, including via e-mail. THE ARBITRATION WILL BE ADMINISTERED BY THE COMMERCE CHAMBER ALTERNATIVE DISPUTE RESOLUTION CENTER LOCATED IN COSTA RICA IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT i. No Class Actions. YOU AND SKYWAY AGREE THAT YOU AND SKYWAY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID. ii. Decision of the Arbitrator. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of Costa Rica in conducting the arbitration

b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Skyway seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these terms by Skyway or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Skyway, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these terms and conditions.

c. Claims. You and Skyway agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

d. Improperly Filed Claims. All claims you bring against Skyway must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Skyway may recover attorneys' fees and costs up to $5,000, provided that Skyway has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

e. Modifications. In the event that Skyway makes any future change to the Mandatory Arbitration provision (other than a change to Skyway’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Skyway’s Arbitration Notice Address, in which case this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the rejection of such changes.

22. Governing Law.

Your use of the website may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and courts located in Costa Rica, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.

23. Consent to Electronic Communications.

By using the service, you consent to receive certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

24. Contacting SKYWAY.

You can contact SKYWAY by email at reservations@skywaycr.com or by a toll-free 1 (888) 5249396 or to our Call center +506 4030 6752.