Operator Participant Agreement

(Last revised November 30, 2020)
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), and the individual accepting this Agreement pursuant to Section 13 (“you” or the “passenger”) agree as follows:
1. Air Charter 
Aero has arranged for its wholly owned subsidiary, USAC Airways 695, LLC d/b/a Aero Air (“Carrier”), a direct air carrier certified by the Federal Aviation Administration to perform flights under Part 135 of the U.S. Department of Transportation’s regulations (14 CFR Part 135), to provide passenger air charter services booked on Aero’s website or mobile app (the “Charter”). The origin and destination of the Charter, as well as the dates and terms of payment are memorialized in the electronic receipt sent to you promptly following the completion of your reservation (the “Receipt”), which is incorporated into this Agreement by reference. The Charter will be performed using an Embraer ERJ135 aircraft in a configuration of 16 seats. Aero reserves the right to contract with a substitute air carrier. Carrier reserves the right to substitute equivalent aircraft in the event of a technical or other need and will inform you of such substitution prior to your Charter.
In accepting this Agreement, you accept and agree to be bound by Carrier’s Conditions of Carriage, the most recent version of which can be found on Aero’s website. 
2. Charter Price
The charter price quoted in your Receipt (the “Charter Price”) includes air transportation and all applicable taxes, and any additional services selected at the time of booking. Any tips or gratuities not specifically mentioned as included in the Charter Price are at your discretion. 
3. Payment
Payment in full is required to secure all reservations. Credit cards are the only form of payment accepted. Such credit card payments will be deposited to an escrow account at Shelby Financial Corp. 
4. Check-In
Passengers must check in at the airport no later than 30 minutes prior to the scheduled departure time.
5. Baggage
Passengers 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, 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. Please note that although Carrier is generally able to accommodate oversized or odd-sized luggage, it cannot carry baggage that exceeds 50lbs (22.7kg) apiece.
Our liability for lost or damaged luggage is limited as follows:
  • For INTERNATIONAL flights, pursuant to the Montreal Convention, our 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 our liability for lost or damaged baggage is limited to $1,250 per passenger total. 
All baggage must comply with the terms and conditions of Carrier’s Conditions of Carriage, including, without limitation, Section 6 regarding Dangerous and Prohibited Items.
6. Pets
Animals are permitted on flights with Carrier’s prior consent. Passenger should contact Aero to arrange at least 48 hours in advance of your departure. If Carrier agrees to allow, passenger must ensure that their animal is accompanied by valid health and vaccination certificates, entry permits, and other required documents. Passenger also assumes full responsibility for such animal, and agrees that Carrier is not liable for any sickness, injury or loss of such animal. For information concerning the carriage of animals, see the Carrier’s Conditions of Carriage.
7. Changes
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 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.
8. Cancellation & Refund
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 Refunds will be made within 14 days of receipt of your notice of cancellation.
48 hours or more before departure:
100% refund
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. 
If We Make “Major Changes”
If we make a Major Change (defined below) (i) prior to departure, you have the right to cancel and receive a full refund or (ii) after the departure of the flight, which you are unwilling to accept, we will refund, within 14 days after your scheduled return date, that portion of your payment, which applies to the services, not accepted. If a Major Change must be made in the program, we will notify you within 7 days after first learning of the change, but in any event at least 10 days prior to the scheduled departure. If, less than 10 days before scheduled departure, we become aware that a Major Change must be made, we will notify you as soon as possible. Within 7 days after receiving notification of a major change, but in no event later than departure, you may cancel your reservation and you will receive a full refund within 14 days after canceling. Acceptance of a refund constitutes a waiver of any legal rights you may have against Aero.
Upon a post-departure notification of a Major Change, Passenger may reject the substituted hotel or the changed date, origin, or destination of a flight leg and be sent, within 14 days after the return date named in the contract, a refund of the portion of his payment allocable to the hotel accommodations or air transportation not provided.
A “Major Change” means (i) a change in the departure or return date, unless the change results from a flight delay experienced by the air carrier. (If, however, the delay is longer than 48 hours, it will be considered a Major Change), (ii) a change in the origin or destination airport, (iii) a price increase of more than 10 percent occurring 10 or more days before departure (in no event can we increase your price less than 10 days before departure).
9. Insurance
We recommend purchasing trip cancellation, health, and accident insurance from a reputable provider when traveling. This important, low-cost protection can save you money if you are forced to cancel or alter your trip. 
10. Security Agreement
Your payments are protected in part by a letter of credit that we have established with BNY Mellon, 1 North Bacton Hill Rd, Malvern, PA 19355. Unless you file a claim with us, or, if we are not available, with the securer within 60 days after the completion of the Charter, the securer will be released from all liability to you.
11. Limitation of Liability
Aero is the principal and is responsible to the participants for all services offered in connection with the charter. Aero is not responsible for personal injury or property damage caused by Carrier (or any substitute air carrier) or any other supplier of services offered in connection with the Charter.
12. Choice of Law
This Agreement is governed by California state law. Any claim against Aero or Carrier must be presented in writing within ten days of the date of Passenger’s return flight, and neither Aero nor Carrier is liable for any claims presented after such ten-day period.
13. Online Acceptance
Acceptance of this Agreement on our website is an acceptable form of agreement. This Agreement contains the entire agreement between the parties and it completely supersedes any prior written or oral agreements or representations. No reservation will be issued unless the Passenger accepts this Agreement. 
For telephone sales in which the Passenger pays by credit card, Aero will send a copy of this Agreement by e-mail within 24 hours of accepting payment by credit card. Such passengers must accept this Agreement prior to travel, and are entitled to a full refund if they decide not to participate in the Charter after reviewing this Agreement.