Aero Operator Participant Contract

Last updated September 30th, 2019.

Thanks for using Aero!

We at Aero Technologies (that's us, "Aero") are excited to have you as a customer and we welcome you here! This document is our Operator Participant Contract (“Contract”) and we use "Services" to describe the services we make available on our website (aero.com). Aero is building a next generation air transportation service, and over the next couple of years will be working with the best air operators in the world to help you get where you need to go. This document will explain how our service works. You will note that our lawyers have asked us to capitalize and quote a few key terms here. The language is formal but, rest assured, our aim is simply to make certain you have a clear understanding of the Services provided to you and the Agreement you make with us as a condition of using them.

OVERVIEW

1. Aero's role in helping you get where you want to go

The terms of this agreement are applicable for any and all shared charter flights organized by Aero Technologies on behalf of passengers, and must be agreed to by prospective passengers prior to purchasing a seat. Aero agrees to act as Principal on behalf of aircraft operators ("Operators") to directly re-sell seats to clients (that's you, "Passengers") in accordance with the Operator Participant Contract (the "Contract") specified below. By checking the ‘I agree to the terms stated in the Operator Participant Contract’ box on the Checkout page on the Aero.com website, Passengers agree to our Operator Participant Contract. Please note, we may amend or modify the Contract from time to time, and publish such modified Contract on Aero's website, at which time the terms become effective. When you use the Service after updates to the Contract, you consent to being bound to the amended terms.

2. Aero's relationship with its Operators

Aero, as Principal, agrees to arrange air transportation services for Passengers, which will be provided by Operators holding a valid FAA air operating certificate. It is important to note that Aero is not an aircraft operator and arranges air carrier services solely as an undisclosed agent of the Operator. This means that only Operators are responsible for ensuring the safety of a flight and for providing services, including the flight crew and aircraft operations. To reiterate the point, Aero is NOT a registered Operator, nor does it provide air carrier services. Aero offers a platform through which to obtain services from Operators, but in no way does it have any responsibility or liability for any services provided by third parties.

The SPECIFICS

1. How to book a Flight

Visit Aero to book your flight. If you need any help, feel free to chat with us or send us an email at help@aero.com.

2. How you will get confirmation

Once you have accepted this Contract, booked a flight, and submitted payment, you will receive a Flight Itinerary ("Flight Itinerary"), which will be displayed on the website. You will also receive an email confirmation ("Confirmation"), which will contain your Flight Itinerary.

3. Your Payment Terms

We do our best to find you the most economical way to travel in style. The quoted charter price includes charter air transportation for the Charter Flight and all applicable taxes and government charges, as well as merchant processing and Aero booking fees. Aero arranges charters with a variety of carriers who have varying rates for in-flight services. As such, the quoted charter price does not include your usage of optional services such as ground transportation to and from the airport. All fares are subject to availability at the time of booking and are subject to change. Passengers are responsible for all incidental expenses during the Charter Flight.

Your flight crew works hard to provide you with an amazing experience, so any tips or gratuities will be at your discretion. Except for "major changes," as described below, no refund will be made for any accommodations or services included in the charter price which you voluntarily do not use.

Full payment and acceptance of this Agreement are required to secure tickets. Credit cards are the only form of payments accepted by Aero. Credit card payments are processed and sent to Aero’s escrow account at the depository bank, First Western Bank. When travel is booked by a Passenger through a retail travel agent, payments may be made payable to the agent, who must in turn shall make payment to First Western Bank.

Passenger’s payments are protected in part by an irrevocable letter of credit held by BNY Mellon Wealth Management (Securer), Attn: Letter of Credit Department, 500 Grant Street, BNY Mellon Center - Suite 1162, Pittsburgh, PA 15258. Unless Passenger files a qualified claim with Aero, or if Aero is not available, with the Securer, within 60 days after the completion of the Charter (or in the case of cancellation, the intended date of Passenger’s Charter), the Securer will be released from all liability to Passenger under the security agreement. If there is no return flight in Passenger’s itinerary, completion means the date or intended date of departure of the last flight in Passenger’s itinerary.

By accepting Aero's Operator Participant Contract, you have authorized Aero to place a charge on your credit card in the full amount of the Flight Itinerary and any applicable fees. You must notify Aero of a disputed charge within 10 days after the date of an invoice, receipt or bill on which such charge(s) first appeared.

4. Identification and Documentation

Aero operates both domestic and international flights. For all international flights, all passengers must have a valid passport in their possession, as well as any required visas or entry documentation. For domestic flights, all passengers must provide valid government-issued identification. Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with government regulations without recourse or further obligation to Passenger by the operator or Aero.

5. Baggage & Prohibited Items

Personal item:

You can bring along one small lap item that must fit on your lap and be kept there for the duration of the flight. Your aircraft has been retrofitted to be as spacious and comfortable as possible; this means there aren't any overhead cabins or under-seat storage areas, so all other luggage is best kept in the stowed compartment.

Stowed baggage:

You can check up to 3 bags: two pieces of luggage and a handbag. Your first two bags must not exceed a max size of 29" x 20.5" x 12.5" (74cm x 52cm x 31cm), and your handbag cannot exceed a max size of 16" x 4" x 12" (41cm x 10cm x 31cm). The total weight across all bags must not exceed 100 lbs / 45 kilos total. If you are planning on bringing your own winter sports equipment to our ski destinations, send us an email about your oversized luggage.
It's your responsibility to make sure your luggage does not exceed these requirements, so please pack carefully!

Prohibited Items:

The Operator is NOT authorized for carriage of Dangerous Goods. No such items shall be accepted on board the airplane. Items (including musical instruments or similar) that do not meet the size requirements for hand or cargo hold luggage shall not be accepted for carriage in the passenger cabin or in the cargo hold, unless specific approval has been obtained from the Operator before-hand: Guns, firearms and other devices that discharge projectiles (including all kinds of firearms such as pistols, rifles or shotguns, toy guns, imitation firearms, component parts of firearms, telescopic sights, compressed air and CO2, signal flare pistols and starter pistols, bows, crossbows and arrows, harpoon guns and spear guns, slingshots and catapults); Devices designed specifically to stun or immobilize (including stun guns, Tasers and stun batons, animal stunners and animal killers, disabling and incapacitating chemicals, gases and sprays, such as tear gas, acid sprays and animal repellent sprays). Items that have a sharp tip or edge (including axes, hatchets and cleavers, ice axes and ice picks, knives with blades of more than 6 cm, open razors and blades, scalpels, skiing and hiking poles, scissors with blades of more than 6 cm, sharp or pointed martial arts equipment and swords and sabers). Blunt instruments (such as baseball and softball bats, clubs and batons, and martial arts equipment). Explosives and incendiary substances and devices (such as ammunition, blasting caps, detonators and fuses, replica or imitation explosive devices, mines, grenades and other explosive military stores, fireworks and other pyrotechnics, smoke-generating canisters and smoke-generating cartridges, dynamite, gunpowder and plastic explosives). Workmen’s tools capable of being used either to cause serious injury or to threaten the safety of aircraft (including crowbars, drills and drill bits, tools with a blade or a shaft of more than 6 cm, such as screwdrivers and chisels, saws, blowtorches, bolt guns and nail guns. Passengers are forbidden from bringing any article designated as hazardous material ("hazmat") or listed in the ICAO Technical Instruction for the Safe Transport of Dangerous Goods by Air.

Passengers are also forbidden from bringing any outside alcohol and any controlled substances.

Electronic Devices:

Portable electronic devices that may be allowed for use during the whole flight:

  • Medical devices required to support physiologic functions (artificial pacemakers, hearing aids)
  • Electronic watches
  • Cameras
  • Audio and video players
  • CD, DVD, MP3 players
  • Electric razors
  • GPS receivers
  • TV receivers
  • Radio receivers
  • Calculators

Portable electronic devices that may be used in airplane/flight mode only (mobile connection is off):

  • Mobile phones
  • Tablets
  • Electronic readers
  • Portable electronic games

Portable PCs Portable electronic devices that must be refrained from use in the whole flight:

  • Radio stations, all types of transmitters, VHF scanners
  • Remote control toys or receivers
  • Any device with mobile connection

All other electronic devices require explicit approval prior to carriage.

6. Transportation of Service Animals

While Aero loves animals, we can't give them all the premium flight experience. Passengers travelling with a service animal must carry a valid official veterinary certificate (plus required medical documentation). This documentation must be sent digitally to help@aero.com at least 24 hours before a Passenger's scheduled departure.

Dogs and cats up to 8 kg (not including the cage/bag – which can weigh up to 2kg for a total of 10kg animal + cage/bag) can fly in the cabin. The cage / bag containing the animal will be placed on the cabin floor. A cell with maximum dimensions 48 x 35 x 29 cm, must be purchased from specialty stores to provide the necessary comfort for the animal; it must be lockable and not create conditions for littering around. Birds, rabbits, hamsters or guinea pigs are not accepted for carriage. Passengers may transport ONLY one pet in the cabin. It is completely the responsibility of the passenger to obtain and submit all documents required by the authorities of the destination or transit country. The carrier will not agree to carry animals that do not have the necessary documents. In the event of fraud or the absence or invalidity of the required documents, the carrier assumes no responsibility for any injuries, losses, delays, illnesses or death of animals, unless due to error or negligence by the carrier. Passengers who travel with such animals must reimburse the fines, loss, compensation and all other expenses incurred due to the specific situation.

FEES, CANCELLATION, AND THE SERIOUS STUFF:

1. Other Fees

Flight Itineraries do not include the following: flight internet (Wi-Fi) usage, any damage to the aircraft, excess luggage fees, fees for bringing pets, aircraft cleaning/maintenance relating to pets or service animals or due to excessive use of the aircraft by Passenger.

2. Changes and Cancellations

Ideally we’ll have the opportunity to fly together, but we understand that circumstances can arise that might cause you to need to cancel your booking. If you cancel a reservation after making it, your right to a refund is limited, as set forth in the following schedule. All requests for refunds must be sent to us via e-mail help@aero.com.

Situation:

  • If we are able to resell your seat(s): A full refund, less a $50 administrative fee.
  • If you are able to provide a substitute: A full refund, less a $50 administrative fee.

Refunds will be made within 14 days of receipt of your notice of cancellation.

If we make major changes prior to departure, you have the right to cancel and receive a full refund. The following constitute major changes: 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.) a change in the origin or destination city, unless the change affects only the order in which cities named in a tour package are visited; and 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.

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 of cancelling.

If a major change occurs 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 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.

Neither the Operator nor Aero has the right to cancel the charter less than 10 days before departure, except for circumstances that make it physically impossible to perform the charter trip. 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.

3. Force Majeure

On occasion, things happen that are beyond our control. In the event that Aero is rendered unable by reason of any event of Force Majeure (defined below) to perform, wholly or in part, any obligation or commitment set forth in this Contract, then upon such party's giving written notice and full particulars of such event after the occurrence thereof, the obligations of such party, except for obligations to make payment of money due, shall be suspended to the extent that such party is affected by such Force Majeure and for the period such Force Majeure condition exists. The term "Force Majeure" when used herein shall include, without limitation, acts of God and acts of public enemies, wars, insurrection, riots, acts of terrorism, theft, embargo, bad weather, tornado, transportation emergency, earthquake, fire, flood, epidemic, quarantine restrictions, unanticipated national emergency, strikes of a national or industry-wide scope that are not limited to or focused on the parties and their employment practices, in each case to the extent: (a) such act or event prevents a party from performing its obligations or complying with any conditions of this Contract, and (b) such act or event is unforeseeable and could not have been avoided or mitigated through the exercise of commercially reasonable means. The party claiming an event of Force Majeure shall take all steps that are reasonable and necessary to mitigate the effect of the Force Majeure event. Notwithstanding the above, for a regularly scheduled, fully prepaid flight cancelled as a result of events outlined above, the Operator may make commercially reasonable efforts to secure a substitute aircraft of similar cabin class. Passenger will have a right to accept or decline the substitute aircraft.

4. Conduct

While we believe that all of our passengers are good citizens, we are required to remind you that Aero requires all Passengers and their guests to strictly adhere to the following rules of conduct in order to ensure a safe, friendly and respectful experience on flights arranged by Aero. If any Passenger engages in conduct that Aero considers improper, offensive or likely to risk endangering the safety of other Passengers or Aero or aircraft operator personnel, then such Passenger may be reprimanded and/or denied transportation. All determinations will be made in the sole discretion of the Operator. In addition, if the conduct of a Passenger endangers the aircraft or any passenger or property while on board; obstructs or hinders the crew in the performance of their duties; fails to comply with any instruction of the crew, including, but not limited to, smoking in any form (including electronic cigarettes, vaporizers and similar devices) or use of drugs or alcohol; involves the use of any offensive, threatening, abusive or insulting words towards the crew; or involves behavior which causes discomfort, inconvenience, damage or injury to the crew, then the crew may take such measures as it deems necessary to prevent continuation of such conduct, including restraint. A Passenger may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. The following rules of conduct will be strictly enforced.

a. In accordance with FAA rules and regulations, Aero prohibits its Passengers from consuming any alcoholic beverages on board any flight that are not served by a cabin server. Aero will offer a paid bar on board, which will accept credit cards.

b. Aero has zero tolerance for transportation or use of narcotics and other controlled substances, such as drugs and drug paraphernalia, regardless of whether certain substances may be considered legal in any jurisdiction. Anyone caught violating this policy will be banned from the Aero service.

c. The crew reserves the right to deny boarding to any passenger who appears intoxicated. Any passenger who is denied boarding because he or she is intoxicated will not be entitled to a refund or alternative transportation.

d. Each passenger can transport not more than $5,000 (or foreign equivalent) cash on any shared flight. Passengers will be denied boarding if any of them are in possession of more than $5,000 (or foreign equivalent) cash.

e. Passengers must be respectful of other Passengers and of aircraft operator personnel. f. Aero has zero tolerance for any type of harassment or offensive behavior, including, but not limited to:

  • any kind of verbal or physical abuse, including abuse of the Operator's flight crew or Aero employees and representatives;
  • any form of discrimination;
  • the use of profane language, gestures, insults or similar behavior;
  • unwanted solicitation;
  • loud or boisterous behavior; or
  • creating strife, conflict or divisiveness within the Aero community.

g. Passengers must observe proper etiquette on flights arranged by Aero.

  • Passengers must not cause damage to any aircraft or to amenities on any aircraft.
  • Passengers shall respect the privacy rights of other Passengers. No photos or videos may be taken of another passenger or shared on social media without the prior consent of such passenger.
  • Passengers have no authority to instruct aircraft crew in their job performance and duties.
  • Passengers must strictly adhere to all policies, procedures, rules and regulations of the aircraft operators.

5. Limitation of Liability

Aero works with some of the best operators in the world. But Aero does not own or operate any aircraft on which flights are performed and does not carry any aviation insurance. Passenger understands and agrees that Aero is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Passenger's trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. Passenger understands and agrees that Aero's liability shall in any case be limited to the amount paid by Passenger to Aero.

PASSENGER AGREES TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR AS THEIR SOLE RECOURSE AGAINST OPERATOR FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY PASSENGER; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY IN THE EVENT OF OPERATOR'S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR AERO SHALL NOT IN ANY EVENT BE LIABLE TO PASSENGER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.

6. Insurance

We understand plans sometimes change last minute due to unforeseen consequences. The best way to protect yourself in these events is to enroll in trip cancellation, health, and accident insurance. This important, low-cost protection can save you money if you are forced to cancel or alter your trip. For more details on insurance offering, contact us via e-mail at help@aero.com.

7. Governing Law

This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the United States.

8. Dispute Resolution

Any claim or dispute between the parties and/or against any agent, employee, successor, or assignee of the other shall be resolved exclusively by binding arbitration. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration.

9. Privacy of Passenger Data

Aero collects and utilizes Passenger information according to the Privacy Policy that is incorporated in full by this reference and available at Aero Privacy Policy. For more information about Aero's use of your data, please contact help@aero.com.

10. Electronic Signature

By purchasing a flight through the Aero website and selecting the "I Agree" button, Passenger accepts and agrees to the Operator Participant Contract electronically. Passenger agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by this Contract. Passenger agrees to pay Aero in full for any invoiced amount upon providing their electronic signature.

11. Here are our official registrations, and our contact info if you need it

  • Aero Technologies, Inc. is a registered seller of travel in the following states:
    • California: No. CST 2132273-40
    • Washington: No. 604186897
    • Florida: PENDING
  • Aero can be contacted at help@aero.com
  • Our address is 660 4th Street #193, San Francisco, CA 94107, 415-364-8350

12. Promotions, Promo Codes and Sales Events

For details on promotions, promo codes, and sale events, click here.