Standard Charter Terms and Conditions

Aero Charter Services. Subject to the terms of the Agreement, Aero will provide the air charter services (the “Charter”) using the aircraft (“Aircraft”) specified in the Quote.

Charter Price. The price of the Charter (the “Charter Price”) is specified in the Quote. The Charter Price is based on the planned itinerary and includes anticipated charges for the flight, such as fuel, oil, maintenance, landing and ground handling fees, packaged snacks, a selection of alcoholic and non-alcoholic beverages, security and crew, taxes and other mandatory ancillaries, should they be required. Specifically excluded are the costs of de-icing and anti-icing fluid and services, which will be invoiced post-flight, should they be required. Luxury catering above and beyond the food and beverage offering listed above is available at the cost of billed goods & services plus a 20% surcharge.  Additional flight time charges may be incurred in the event of extraordinary weather avoidance, holding, and routing changes. 

Payment. Client will pay the Charter Price as specified in the Quote and any other fees and expenses promptly by wire transfer or other electronic means in US Dollars without set-off, deduction or counterclaim. Client is responsible for all wire transfer transaction fees. If for any reason payment is not made on the due date specified in the Quote, Client will pay Aero interest on such an amount at 10% per annum. 

Aero will retain operational responsibility for the air transportation services under the Agreement and will ensure that those services will be performed in accordance with all applicable laws and regulations. In addition:

Passenger Manifest. Client will provide Aero with a manifest of passengers and any personal identification information required under applicable laws as soon as reasonably practicable following the date of the Agreement.

Baggage. The baggage allowance per each passenger is described on the Quote. Additional baggage may be accepted at Aero's sole discretion, subject to space, weight and other operational requirements. Aero will refuse to accept the following articles for transportation unless advance written arrangements have been made with and accepted by Aero:  (a) firearms and ammunition; and (b) any article listed in the  International Civil Aviation Organisation Technical Instruction for the Safe Transport of Dangerous Goods by Air.  Aero  may refuse to transport or may remove any baggage which the passenger refuses to allow to be examined for safety or security screening purposes or otherwise. Under no circumstances does Aero accept for transportation in checked or hand-carried baggage or as cargo, nor may any passenger bring aboard the aircraft, any article constituting or containing a hazardous material.  For this purpose, “hazardous material” (also known as HAZMAT, Dangerous Goods and DG) is defined as any article or substance the transportation of which by air is prohibited, restricted or otherwise affected by any rule or regulation of the DOT, including the Pipeline and Hazardous Materials Safety Administration (PHMSA), the FAA, or the ICAO.

Departure. Client will ensure that all passengers and their baggage arrive at the specified check-in point at the departure airport not later than the check-in time specified on the Quote, and that all passengers possess all required identity documents, passports, visas and other documents required to depart from, arrive into or transit through any airport listed on the flight itinerary or as otherwise specified in the Quote. In the event any passenger fails to arrive in sufficient time, at Client’s request, Aero may arrange for such passengers to be carried on an alternative flight, or make arrangements to delay the flight. Any additional costs associated with such arrangements will be for the account of Client, and will be agreed to by Client prior to their incurrence. In the event that Aero cannot sufficiently delay the flight or make other travel arrangements, Client will determine whether to cancel or proceed with the flight. 

Passenger Conduct. In the event that a passenger’s conduct, behavior or health is deemed by the captain of the aircraft to cause, or be likely to cause, discomfort or nuisance to other passengers or jeopardize the safety of the passengers and/or the aircraft, then the captain will be entitled to take any action deemed necessary to ensure the safety of the passengers and aircraft including, but not limited to canceling the flight or diverting or returning to the airport of departure and/or removing the passenger(s) in question. If such action is deemed necessary, Client will be liable for any loss or damage incurred by Aero as a result of such diversion and removal. 

Arrival. In the event that any passenger is refused entry at any destination airport, Client will indemnify Aero and their respective officers and employees and agents against any and all cost or expense whatsoever incurred by them in respect thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon Aero) or of any arrangements made by Aero to return such passenger to the country from which such passenger was originally carried.

Pilot and Crew. The captain of the aircraft will have complete discretion concerning preparation of the load carried and its distribution. The captain will also have full control over the aircraft for the flight, and will determine, at his sole discretion, whether or not a flight will be undertaken. If deviations are required for safety reasons, the pilot will make these decisions at his sole discretion, and will decide on landing and all such other matters relating to the operation of the aircraft and Client acknowledges that all such decisions are final and binding. All ground and operating personnel, including cabin staff, are authorized to take orders only from Aero.

Insurance. Aero has and will maintain commercially reasonable aircraft liability insurance.

Limitations of Liability. Aero and its directors, officers, employees, servants and agents shall have no liability to the Client for any failure to perform any obligation under the Agreement where such failure arises (whether directly or indirectly) from:

1. the act, neglect, default, omission or negligence of the Client or any passenger or any subcontractor or other person on whom Aero may rely for the performance of its obligations hereunder;

2. any Force Majeure event;

3. lack of assurance of the availability of sufficient quantities or quality of aviation fuel of a standard acceptable to Aero; or

4. the inability to obtain any permit, slot, parking permission, consent, overflight permission, license or approval from any relevant authority that is necessary for the operation of the flight by the Aircraft.

Aero’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the Charter Price; provided however that nothing in the Agreement shall limit the liability of Aero for death or personal injury caused by Aero’s negligence or fraud. For international flights,  The Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal, 28 May 1999 (the Montreal Convention (1999)) shall govern and determine the rights and liabilities of the parties to such carriage.  Aero strongly recommends that Client procure and maintain adequate insurance to cover any potential losses that may arise from the Charter or otherwise under the Agreement.

Cancellation by Aero. In the event that Aero is unable to perform any flight for any reason, including, without limitation, as a result of any weather, Force Majeure or other event or circumstance makes the planned route impractical or inadvisable in its sole discretion, Aero will use its best efforts to coordinate with Client to find alternative routes and dates, including utilizing alternative carriers. Any additional costs will be billed to the account of Client, and will be agreed in writing with Client prior to their incurrence. If Aero is unable to secure an alternative travel plan, the Charter will be deemed canceled, and all funds will be returned to the Client without any further liability to Aero  or its  affiliates.  “Force Majeure” shall mean any cause or event beyond the reasonable control of Aero, including but not limited to war, hostilities, civil commotion or rebellion, seizure under legal process, sanctions, quarantine restrictions, government imposed travel restrictions related to COVID-19, labor disputes, strikes or lockouts, unusually severe weather, volcanic ash clouds, acts of God or any accident to or failure of the Aircraft or any part thereof or any machinery or apparatus in connection therewith which could not have been reasonably foreseen or prevented by Aero.

Cancellation by Client. The Client acknowledges and agrees that for any booked round-trip flights, the Client will  be charged fifty percent (50%) of the total payment amount referenced in the Quote (the “Quoted Amount”) for any cancellation made between 72 and 48 hours before the scheduled departure time and will be charged one  hundred percent (100%) of the Quoted Amount for any cancellations made within 48 hours of departure, including no-shows. For all booked one-way flights, Client is responsible for one hundred percent (100%) of the Quoted Amount from the time of booking.  “Holidays Periods” are defined as, 5 days prior to, through 5 days following, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving, Christmas and New Year’s Day. If the trip itinerary falls within any of the Holiday Periods, the cancellation penalty will be as follows: If canceled more than 14 days before departure, Client will be charged 10% of the Quoted Amount. If canceled within 14 days of departure, Client will be charged 25% of the Quoted Amount. If canceled within 7 days of departure, Client will be charged 100% of the Quoted Amount will. 

Delays. Aero will utilize reasonable efforts to operate the Charters with reasonable dispatch, however, flight times do not form part of your contract with Aero. Aero does not assume any obligation to commence or complete transportation within a certain time, and Aero shall not be liable for failure to do so or for error in any statement of times of arrival or departure.

Any party may terminate the Agreement if another party is in breach of the Agreement and such other party fails to cure, or cannot cure, such breach within five business days of receiving written notice from the terminating party of such breach. Termination of the Agreement will not prejudice any rights or remedies available to or any obligations or liabilities accrued to, any party as of the date of termination. 

Precedence: In the event of any conflict between the terms of a Quote and these Terms, the provisions of the Quote shall govern solely with respect to the specific services described in the Quote.

Binding Effect: By accepting a Quote, whether by execution or payment of the required deposit, the Client acknowledges and agrees to be bound by these Terms, as well as any additional terms specified in the Quote.

Scope of Services: The services provided by Aero under the Agreement are limited to those expressly described in the Quote. Any modifications or additions to the services must be agreed to in writing and may be subject to additional terms and charges.

Notices. All formal notices will be in writing and delivered to the parties by international courier, next day services, or via email with acknowledgement of receipt.

Assignment. Neither party may assign its rights under the Agreement without the prior written consent of the other parties, provided that Aero may assign the Agreement in connection with a change in control of Aero.

Amendments and Waivers. The parties may only amend the Agreement in writing executed by each of the parties. The failure of any party to require performance by any other party will not impact the right of that party subsequently to enforce any provision of the Agreement; nor will the waiver by any party of any default under the Agreement waive any succeeding default, or any other term of the Agreement.

No Third Party Beneficiaries. The Agreement is solely between Aero and Client and no agency relationship is created or intended. Neither party has authority to act on the other’s behalf, represent the other in any manner, or bind the other to any agreement or undertaking by virtue of the Agreement. No passenger (other than Client, if a natural person) is or will be deemed a party to the Agreement or have any rights under the Agreement.

Entire Agreement; No Reps or Warranties. The Agreement is the entire agreement among the parties with respect to its subject matter and supersedes any prior proposals or agreements, oral or written. No party has made, or relied on, any warranty or representation of any other party except as expressly stated in the Agreement. 

Severability. If any provision of the Agreement is held invalid by a court of competent jurisdiction, the remaining provisions will remain in effect and the parties will negotiate in good faith to agree replacement provisions providing the parties the same economic benefit of such invalidated provisions.

Force Majeure. Neither party will be liable to any other party for any failure by it to perform its obligations under the Agreement arising from a Force Majeure, including, in the case of Aero, any accidents or failure of the aircraft, engines or any other part thereof or any related machinery or apparatus. 

No Special Damages. Neither party will be liable to any other party for any indirect, special, incidental, consequential, exemplary, punitive or similar damages.

Governing Law; Venue. The Agreement, and all claims or causes of action that may be based upon, arise out of or relate to the Agreement shall be governed by, and enforced in accordance with, the laws of California. Each of the parties irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of California for the purposes of any suit, action or other proceeding arising out of the Charter or otherwise under the Agreement.