Conditions of Carriage
(Last revised November 30, 2020)
These Conditions of Carriage govern the relationship between USAC Airways 695 LLC d/b/a Aero Air (“Carrier”) and its passengers (“you” or the “passenger”) for flights booked by Aero Technologies, Inc., 660 4th St., Suite 193, San Francisco, CA 94107 (“Aero”), an indirect air carrier under Part 380 of the U.S. Department of Transportation’s regulations (14 CFR Part 380)
Tickets are only valid for the flight shown, from the place of departure via any interim stopping places to the final destination. Each ticket constitutes conclusive evidence of a Contract of Carriage between Carrier and passenger named on the ticket.
Passengers may not board a flight unless they present a valid ticket (which may be in electronic form). If a passenger does not board a departing flight without advising Carrier in advance, Carrier will cancel the return and/or onward reservations and no refunds will be issued.
2. Fares, Taxes, Fees and Other Charges
Fares are established by Aero and will be specified on the receipt you receive after booking a reservation and accepting Aero’s Operator Participant Agreement. Fares include all applicable taxes, fees and other charges imposed by any government or other authority. At the time of booking, passengers will be advised of such taxes, fees and charges included in the fare, which may be based on estimates. If following booking any new tax, fee or charge is imposed, or if such amounts change between booking and the date of flight, passengers will not be charged such additional amounts, but will also not receive any refund in the event these amounts decrease.
Fares are only payable in U.S. Dollars unless otherwise agreed by Aero at the time of booking.
Each passenger may check up to three bags, weighing up to 50lbs (22.7kg) each, at no additional cost, plus one small personal item. Your personal item must fit snugly under the seat in front of you, weigh no more than 20lbs (9kg) and measure no more than 13x13x10in (33x33x25cm). Please note that the aircraft does not have overhead bins.
Space permitting, you may check up to 3 additional baggage for a unit price of $300 per bag, which you can prepay in the lounge before you board.
Carrier’s liability for lost or damaged luggage is limited as follows:
- For INTERNATIONAL flights, pursuant to the Montreal Convention, Carrier’s liability for lost or damaged baggage is limited to the actual value of the baggage but not more than 1,288 Special Drawing Rights (SDRs) (approximately $1,800) per passenger in the case of checked baggage.
- For DOMESTIC flights, you agree that Carrier’s liability for lost or damaged baggage is limited to $1,250 per passenger total.
Checked baggage must have the passenger's name and personal identification affixed to it. Passengers may not include in their baggage items that are likely to endanger the aircraft or persons or property on board the aircraft, including those listed below under Section 6 Dangerous and Prohibited Items.
Each passenger is solely responsible for packing their luggage in such a way that the contents cannot be damaged. Passenger is liable for any damage caused to the plane’s equipment or another passenger’s luggage caused by such passenger’s baggage or its contents. Carrier assumes no liability for fragile valuables or perishable articles not identified to Carrier at the time of check-in. Carrier is not liable for pre existing damage (including minor cuts, scratches, and broken zippers as a result of over packing) or for wear and tear resulting from ordinary handling of baggage.
Carrier may refuse to carry as baggage any item that it considers unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers.
Carrier is not liable for any loss, damage, or delay in the delivery of baggage arising out of or in connection with transportation of, delay, or failure to transport any baggage unless notice of a claim is presented to the Carrier office within 24 hours after the alleged occurrence of the events causing the claim, and unless the action is commenced within one year after such alleged occurrence. Any notification received within 24 hours that informs Carrier of the nature of the claim will suffice, and Carrier may deny any claim not presented within 24 hours of the alleged occurrence. If a passenger wishes to file a claim or an action regarding delay of checked baggage, he or she must notify Carrier within 21 days from the date the baggage has been placed at passenger’s disposal. Every such notification must be made in writing by sending email to Aero’s customer relations department firstname.lastname@example.org.
4. Baggage Inspection
For reasons of safety and security Carrier may request that passenger permit a search and scan of his/her person and a search, scan or x-ray of the baggage. If passenger is not available, the baggage may be searched in his/her absence for the purpose of determining whether he or she is in possession of or whether the baggage contains any prohibited items. If passenger is unwilling to comply with such request Carrier may refuse to carry passenger and his/her baggage.
If required, passenger will attend inspection of his/her baggage, checked or unchecked by customs or other Government officials. Carrier is not liable to passenger for any loss or damage suffered by passenger in the course of such inspection or through passenger’s failure to comply with this requirement. Passenger will also submit to any security checks by Governments, airport officials or by Carrier.
5. Carry-On Baggage
Baggage that passenger carries into the aircraft must fit under the seat in front of passenger or in an enclosed storage compartment in the cabin of the aircraft. Please note that overhead storage is not available, and on-aircraft storage is limited. If baggage cannot be properly stored, or is of excessive weight, or is considered unsafe for any reason, it must be checked. Further information regarding maximum dimensions and weight for baggage carried on the aircraft is available on request.
Passengers are required to collect checked baggage as soon as it is made available at the destination. Should the checked baggage not be claimed within three months of the time it is made available, Carrier may dispose of it without any liability. Only the bearer of the baggage check and baggage identification tag is entitled to delivery of the checked baggage.
6. Dangerous and Prohibited Items
We prohibit passengers from bringing items that are likely to endanger the aircraft or persons or property on board the aircraft. Accordingly, Carrier complies with the hazardous materials regulations issued by the Materials Transportation Bureau of the Department of Transportation in Title 49 of the Code of Federal Regulations, Parts 171 through 177 (49 CFR 171-177) as they may be updated from time to time. Additional information about what can and cannot be transported onboard aircraft can be found here: https://www.tsa.gov/travel/security-screening/whatcanibring/all
If you have any questions, please reach out to us at email@example.com.
7. Traveling with Pets
Are pets allowed on board?
Well-behaved small dogs and cats are welcome to fly on our jets. Pets must fit comfortably underneath the seat in front of you and remain in an approved carrier (see below) for the duration of the flight. Please note that we are not able to carry pets in our cargo, and animals besides cats and dogs are not able to travel. Pets must be at least 4 months old, and be capable not to relieve itself for the entire duration of the flight.
Each guest may only bring one pet on board (maximum two per household), and we are limited to a total of three pets per flight. Pets will be booked on a first-come, first-serve basis until the limit is reached on board. Should the pet capacity be reached, this will be communicated on the website during booking. One passenger may not bring both a pet and an infant on board without the assistance of a travel companion.
Guests traveling with under-seat pets cannot be seated in exit rows or bulkhead seats.
What is an approved carrier?
Carriers must measure less than 20”x12”x9” (L x W x H). Guests are responsible for providing a carrier for their pet, and this carrier will count as a guest’s carry-on bag. Pet carriers and pets are not allowed on aircraft seats.
Is there a separate charge for pets?
A pet care charge of $150 will be applied to the booking for each pet per flight leg a guest brings on board, other than registered service animals with proper documentation. In the case of international flights, additional charges may apply, and additional documentation may be required.
How do guests book a pet?
Guests can book pets by contacting firstname.lastname@example.org. Note that a separate seat cannot be booked for your pet, as pet carriers are not permitted on seats.
What other requirements are there for traveling with pets?
Guests are also responsible for providing proof at check-in of vaccinations, certifications, and other documentation required by departure and destination countries. Aero assumes no liability for pet travelers, and in the event of any losses, sickness or injury, the guest is fully responsible, including any reimbursements.
All pets must be domesticated, well-behaved and not aggressive toward humans or other dogs. A pet that engages in behavior such as not responding to commands, scratching, barking, whining, growing, biting, jumping on guests or crew members, relieving themselves in the jet or lounge may be denied boarding.
Pets cannot travel alone, and cannot travel with unaccompanied minors. In addition, all pets and service animals must be four months old or more.
Are there any requirements for service animals?
We welcome trained dogs as service animals (free of charge) as long as the guest is able to provide credible assurance that the animal is a trained service animal, including an ID card, registration, vest/harness, and/or letter from a medical professional.
The service animal must fit within the area of a guest’s seat and be able to perform its duties at the seat location. They must remain on the floor throughout the flight and must never be in or blocking the aisle. If the animal is too large to fit under the seat or at the guest’s feet, we will accommodate the pet in another location near the guest if space is available (e.g., because the flight is not full). If there is no additional space, we will, at no charge, allow the guest to book in another flight with available space. Guests may wish to purchase a second seat to ensure that there is sufficient space on the flight for the animal to safely and comfortably fly.
Guests can book a service animal by selecting a special request when booking. A Concierge will contact the guest to follow-up on the details about your animal. Should a guest have two service animals, we will make every effort to accommodate. If the animal does not meet the qualifications to travel as a trained service animal, it may be eligible to travel under our general pet requirements assuming available capacity. The animal must be trained to behave in a public setting and must remain in control of the handler at all times. Any threatening behavior may result in denying travel to the animal and guest.
Can I travel with an emotional support animal?
An emotional support animal provides comfort to support a guest’s diagnosed mental or emotional disorder. The same fees, behavioral expectations, capacity limitations and carrier requirements outlined above that apply to pets (and not service animals) apply to emotional support animals. Emotional support animals may not sit in an emergency exit row or bulkhead seat, and must remain on the floor and in a carrier that fits under the seat in front of you at all times.
8. Travel Documents
Passenger is responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which he or she transits.
Prior to travel, passengers must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirements of the countries concerned, and permit Carrier to take and retain copies.
If passenger is denied entry into his/her final destination for any reason, Aero will provide reasonable assistance to book passenger on a return flight. Any third party costs, including return flight costs on third party carriers, and any fines or other charges assessed against passenger or Carrier as a result of such denial, are the responsibility of passenger. The fare collected for travel to the place of denied entry, and any return flight, will not be refunded.
Carrier is not liable or responsible for the consequences to any passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
9. Check-in and Boarding
Passengers must arrive at Carrier’s check-in location and boarding area at least 30 minutes in advance of flight departure to permit completion of any government formalities and departure procedures and in any event no later than the time that may be indicated by Carrier. If passenger fails to arrive in time at Carrier’s check-in location or boarding area or appears improperly documented and not ready to travel, Carrier may cancel the space reserved for passenger and will not delay the flight. Carrier is not liable to passenger for loss or expense due to passenger ’s failure to comply with these requirements.
10. Passenger Conduct
Carrier may refuse carriage of any passenger or passenger’s baggage for reasons of safety or if, in the exercise of its reasonable discretion, Carrier determines that:
- Such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over;
- Carriage of passenger or his/her baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew;
- Passenger’s mental or physical state, including impairment from alcohol or drugs, presents a hazard or risk to himself/herself, other passengers, crew or property;
- Passenger is carrying illegal or hazardous substances, or consumes illegal drugs or personal alcohol on the flight;
- Passenger has committed misconduct on a previous flight, and Carrier has reason to believe that such conduct may be repeated;
- Passenger has refused to submit to a security check;
- Passenger has not paid the applicable fare, taxes, fees or charges;
- Passenger does not have valid travel documents, or Carrier has reason to believe that Passenger will not be permitted to enter the country of destination;
- Passenger presents a ticket that has been acquired unlawfully, has been purchased from an entity other than Carrier or its authorized agents, or has been reported as being lost or stolen, is a counterfeit, or passenger cannot prove that he or she is the person named in the ticket; or
- Passenger fails to observe Carriers instructions with respect to safety or security.
If Carrier is required to pay any fine or penalty or to incur any expenditure by reason of passenger failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, passenger will reimburse Carrier on demand, any amount so paid or expenditure so incurred. Carrier may apply towards such payment or expenditure the value of any unused carriage on passenger’s ticket, or any of passenger’s funds in Carrier’s possession.
Please note that we are unable to fly expectant mothers in the last two weeks of their pregnancy. In addition, expectant mothers in the last month of their pregnancy must provide at check-in a letter from their doctor verifying that they are physically fit for air travel on such date.
11. Changes, Delays and Cancellations
If passenger wishes to change any aspect of their ticket, he or she must contact Carrier in advance.
If You Change Your Charter
If you change your reservation, additional charges might apply as set forth in the following schedule, and your right to receive a refund is limited. All requests for changes must be sent to us by email at email@example.com. Refunds, if any, will be made within 14 days of receipt of your notice of change.
48 hours or more before departure:
Price difference between the original charter and the new charter
Remaining amount, if any, will be fully refunded
Within 48 hours of departure:
Price difference between the original charter and the new charter
Plus $300 change fee per passenger in the reservation
Any remaining amount will be kept as credit on your account for 18 months to be used for future charters
If You Cancel Your Charter
If you cancel your reservation, your right to receive a refund is limited, as set forth in the following schedule. All requests for refunds must be sent to us by email at firstname.lastname@example.org. Refunds will be made within 14 days of receipt of your notice of cancellation.
48 hours or more before departure:
Within 48 hours of departure:
$300 cancellation charge per passenger in the reservation
Any remaining amount will be kept as credit on your account for 18 months to be used for future charters
If you find us a substitute passenger for your flight
Change will be made free of charge.
If We Cancel the Charter
If we must cancel the Charter, we will notify you in writing within 7 days of the cancellation, but in no event later than 10 days before the scheduled departure date. We have no right to cancel the Charter less than 10 days before departure, except for (i) circumstances that make it physically impossible to perform the Charter trip or (ii) in the case of international flights, if we are unable to obtain landing rights for the flight (which are subject to the approval of foreign governments, and in which case a full refund will be made to you automatically). If that occurs, we will notify you as soon as possible, but not later than the scheduled departure date. If the Charter is canceled, we will make a full refund to you within 14 days after cancellation. The rights and remedies made available under this contract are in addition to any other rights or remedies available under applicable law. However, we offer refunds under this contract with the express understanding that the receipt of that refund by a passenger waives the additional remedies.
Carrier will take all necessary measures to avoid flight time delays. In the exercise of these measures, and in order to prevent a flight cancellation, in exceptional circumstances Aero may arrange for a flight to be operated on its behalf by an alternative Carrier and/or aircraft. Aero will endeavor to notify passenger of any such changes. Delay, however, does not entitle passenger to cancellation or refund, unless it exceeds 5 hours.
If Carrier cancels a flight, or fails to operate a flight reasonably according to schedule, Carrier will refund to passenger: (i) if no portion of the ticket has been used, an amount equal to the fare paid; or (ii) if a portion of the ticket has been used, 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. If passenger wishes to seek a refund, he or she must notify Carrier within 21 days from the date the flight was originally scheduled, by email, to Aero’s customer relations department email@example.com.
All refunds are subject to government laws, rules and regulations or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Subject to the foregoing provision, refunds will normally be made in the same manner and the same currency in which the ticket was paid for, but may be made in another currency at Carrier reasonable discretion. Carrier will only provide a refund to the person who has paid for the ticket, upon presentation of satisfactory proof of such payment.
12. Limitations of Liability
Carriage in international air transportation is subject to the rules and limitations relating to the liability established by the below Conventions, unless such carriage is not international carriage to which the Convention applies.
- the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
- the Warsaw Convention as amended at The Hague on 28 September 1955;
- the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975);
- the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975); and
- the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999.
Pursuant to such conventions:
Any liability Carrier has for damage will be reduced by any negligence on passenger’s part which causes or contributes to the damage in accordance with applicable law.
Carrier is not liable for any damage arising from its compliance with applicable laws or Government rules and regulations, or from passenger’s failure to comply with the same.
Carrier’s liability is subject to passenger’s provision of relevant documentation, including where applicable documentation proof of purchase, including date and price of purchase. In case of liability for baggage depreciation will be deducted.
If passenger’s age or mental or physical conditions is such as to involve any hazard or risk to himself or herself, Carrier will not be liable for any illness, injury or disability, including death, attributable to such condition for the aggravation of such condition.
Carrier is not liable for damage or loss of unchecked baggage unless such damage or loss is caused by the negligence of Carrier. Except in the case of an act or omission done with intent to cause damage, and/or recklessly and with knowledge that damage, delay or loss would probably result, the liability of Carrier in the case of damage, delay or loss to checked baggage will be limited to 1,288 SDR (approximately $1,800) per passenger registered for the checked baggage. For unchecked baggage, Carrier is liable only to the extent damage resulted from the fault of the Carrier.
The foregoing limits of liability apply to Carriers authorized agents, servants, employees and representatives to the same extent as they apply to Carrier. The total amount recoverable from Carrier and from such authorized agents, servants, employees and representatives will not exceed the amount of Carriers own liability, if any.
Nothing in these Conditions waives any exclusion or limitation of Carriers liability under the Convention or applicable laws unless otherwise expressly stated.
Carrier shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by Carrier, whether or not Carrier had knowledge that such damage might be incurred. Carrier shall not be liable for any damage arising out of its compliance with any laws, government regulations, orders, rules, requirements or security directives or as a result of a passenger’s failure to comply with such laws, government regulations, orders, rules, requirements or security directives or as a result of Passenger’s reliance on advice provided by Carrier regarding such laws, regulations, orders, rules, requirements or security directives.
13. Personal Data
These Conditions are applicable unless they are inconsistent with tariffs or applicable law that cannot be waived by agreement of the parties in which event such tariffs or laws will prevail. In addition, if carriage is performed pursuant to a charter agreement, the provisions of these Conditions will apply only to the extent they are consistent with such charter agreement. If any provision of these Conditions or any charter agreement are invalid under any applicable law, the other provisions will remain valid. No agent, employee or representative of Carrier has authority to alter, modify or waive any provision of these Conditions.