Operator Participant Agreement

Aero has arranged for its wholly owned subsidiary, USAC Airways 695, LLC d/b/a Aero (“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 or a Embraer Legacy 600 aircraft in a configuration of 12 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.

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.

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 First Foundation Bank.

Guests must check in at the airport no later than 20 minutes prior to the scheduled departure time for domestic flights and 20 minutes prior to international flights. Carrier may require guest to provide passport information in advance of check-in; failure to do so may result in the need to check-in at least 75 minutes in advance of an international flight.

Guests may check two (2) bags weighing up to 50lbs (23kg), at no additional cost. Space permitting, additional bags may be checked for an additional $150.00 per bag. Guests may also bring one small personal item weighing no more than 20lbs. Your personal item must fit snugly under the seat in front of you and measure no more than 13x13xx10in. Please note that the aircraft does not have overhead bins. On the Legacy 600, due to limited cabin space and no under seat storage, personal items will need to be stowed by the Crew for takeoff and landing or carried in the cargo hold.

Aero’s 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 of such Conditions regarding Hazardous Materials and Prohibited Items.

Well-behaved cats and dogs are permitted on flights with Carrier’s prior consent. Pets can be booked directly on the Aero website. Service animals are permitted on aircraft of all types with the required documentation. Guests must ensure that their animal is accompanied by valid health and vaccination certificates, entry permits, and other required documents. Guests also assume full responsibility for such animal and agrees that Carrier is not liable for any sickness, injury or loss of such animal. For more information concerning the carriage of animals, see the Carrier’s Conditions of Carriage.

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. Policies governing changes, cancellations and refunds are specific to the various fare rules that were disclosed to you when purchasing a ticket(s). All requests for changes must be sent to us by email at concierge@aero.com. Refunds, if any, will be made within 14 days of receipt of your notice of change.

A. Non-Refundable Fares

(1) Changes - Changes are not permitted for Non-Refundable Fares.

(2) Cancellations - Cancellations are not permitted for Non-Refundable Fares. The value of a Charter reservation that is not used by a guest will be entirely forfeited.

(3) 24-Hour Policy - A Charter reservation in a Non-Refundable Fare may be canceled and will be refunded to the original form of payment without cancellation penalty if: (a) the cancellation is made within the first twenty-four (24) hours after booking and (b) the departure time for the applicable flight is not within seven (7) days of the booking.

B. Flexible Fares

(1) Changes - There is no fee for a change made to a Charter reservation that is 14 days before the applicable flight’s date of departure. Changes made less than 14 days before the applicable flight’s departure will incur a charge of thirty percent (30%) of the fare of the applicable flight. For example, a ticket from Van Nuys to Aspen that cost $2000 will incur a change fee of $600 if the change is made within 14 days of the flight’s departure.

(2) Cancellations - Guests will receive 100% refund to the original form of payment for all cancellations made 14 days or more prior to the departure of the applicable flight. Cancellations made less than 14 days prior to the applicable flight will be charged a thirty percent (30%) fee and the remaining portion of the ticket price will be refunded to credit.

(3) 24-Hour Policy - A Charter reservation in a Flexible Fare may be canceled and will be refunded to the original form of payment without cancellation penalty if: (a) the cancellation is made within the first twenty-four (24) hours after booking and (b) the departure time for the applicable flight is not within (7) days of the booking.

C. Most-Flexible Fare

(1) Changes - There is no fee for any changes made to Charter reservations for flights more than one (1) hour from the scheduled departure.

(2) Cancellations - Guests will receive 100% refund to the original form of payment for all cancellations made more than one (1) hour from the scheduled departure.

D. Combined Fare Types of Same Reservation

(1) Where legs of an itinerary are ticketed in different classes of service (e.g. one leg in Non-Refundable and one leg in Most Flexible), the refund, change and cancellation policies specific to each class of service will apply to the segment/flight ticketed in that category. Purchasing one leg as a Most Flexible Fare and one leg as a Non-Refundable Fare in the same itinerary does not make the entire reservation Most Flexible.

FOR ALL FARE CLASSES, FAILURE TO CANCEL WITHIN 60 MINUTES OF DEPARTURE WILL LEAD TO A FORFEITURE OF THE ENTIRE FARE.

Any credit issued to a guest after a cancellation is valid for eighteen (18) months from the date the credit is issued. The value of the credit is transferable and may be used to book a new Charter reservation in the name of the guest or in the name of another person designated by the original guest.

Refunds pursuant to the terms of this Section will be made by Aero to Guest’s original form of payment. When a portion of the itinerary has been flown, the refund will be made in the amount equal to the applicable fare (less applicable discounts) for the unflown portion of the trip that was canceled.

For Non-Refundable/Flexible Fares Only - Please note that if the date or routing of the reservation has previously been modified by the guest and the guest thereafter requests to cancel, any refund will be received as credit on your account (minus any cancellation fees) for 18 months to be used for future flights, regardless of when such cancellation occurs.

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 guest 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, a guest 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).

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. 

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.

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.

Aero shall not be liable for failure to provide charter transportation due to a Force Majeure Event, except to the extent required under governmental regulation. For purposes of this Section 11, Force Majeure Event means an event outside of Aeros reasonable control which includes, but is not limited to, weather conditions; mechanical breakdown; acts of government or airport authorities (e.g., Air Traffic Control delays, runway closures, airport construction, flow control/control programs); acts of God; quarantine; strikes or labor unrest; civil commotions, embargoes, wars or other hostilities, whether actual, threatened or reported; government regulation, demand or requirement; damage to aircraft; emergency situations requiring care, protection or response to protect person or property; or any event that is not reasonably foreseen, predicted or anticipated by Aero.

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.  Any claims regarding baggage are governed by the terms contained in Carrier’s Conditions of Carriage.

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.