Aero Service Terms and Conditions

Last updated June 24th, 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 Terms of Service ("Terms") 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 services works. You'll 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

Aero agrees to act as an undisclosed agent on behalf of aircraft operators ("Operators") to directly re-sell seats to clients (that's you, "Passengers") in accordance with the terms and conditions (the "Terms and Conditions") specified below. By checking the ‘I agree to the terms and conditions stated in the Terms of Service' box on the Checkout page on the Aero.com website, Passengers agree to our Terms and Conditions. Please note, we may amend or modify the Terms and Conditions from time to time, and publish such modified Terms and Conditions on Aero's website, at which time the terms become effective. When you use the Service after updates to the Terms and Conditions, you consent to being bound to the amended Ts & Cs.

2. Aero's relationship with its Operators

Since Aero's first operation will be in Europe this summer, our Terms and Conditions are written to comply with EASA regulations. Therefore, in accordance with EASA regulation, Aero, as an undisclosed agent of the "Operators" agrees to arrange air transportation services for Passengers, which will be provided by Operators holding a valid European 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 these Terms and Conditions, 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

By accepting Aero's Terms and Conditions, 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. Upon expiration of such 10 day period, the charges will be considered final and undisputed.

4. Identification and Documentation

Aero is operating international flights, so all passengers must have a valid passport in his or her possession, as well as any required visas or entry documentation. 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

Carry-on:

You can bring along one small carry-on item that must be kept on your lap 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 store up to 3 bags in our cargo hold at no additional charge. Each bag must not exceed a max size of 29" x 20.5" x 12.5" (74cm x 52cm x 31cm) and the weight across all bags must be less than 100lbs (45kg).

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.

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 EU Pet Passport or third country official veterinary certificate (plus required medical documentation) on all EU/EEA flights. 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: food purchased on board, passenger ground transportation, flight phone usage, 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

All tickets sold via Aero.com are nonrefundable. Based on availability, Aero may allow passengers to make changes to their Flight Itinerary for a €100.00 fee / per change, so long as the change request has been submitted at least 24 hours in advance of the Passenger's flight. Aero reserves the right to treat no-shows as last-minute cancellations, whereby no refund will be issued to the Passenger. In the event of a passenger cancellation, Passenger agrees that Aero shall have a right to retain the payment issued for the Flight Itinerary.

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 these Terms, 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 these Terms, 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, Aero 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. This provision does not apply to delays or cancellations where Regulation EC 261/2004 precedes. Aero complies with Regulation EC 261/2004, and for applicable delays or cancellations, Passengers can submit a request for reimbursement at aero.com/261.

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 EASA 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.

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

It is the sole responsibility of the aircraft Operator to maintain aviation liability insurance coverage. Passenger understands and agrees that Aero is not liable for any claims arising out of or in connection with the services of the aircraft Operator.

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 Kingdom.

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 in accordance with the UK Arbitration Act of 1996. 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 these Charter Terms electronically. Passenger agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by these Terms. Passenger agrees to pay Aero in full for any invoiced amount upon providing their electronic signature.

If you cancel or change your prepaid hotel reservation, you will be charged the cancellation or change fee indicated in the rules or restrictions for the hotel reservation.

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 contact@aero.com
  • Our address is 660 4th Street #193, San Francisco, CA 94107, 415-364-8350