Conditions of Carriage

Tickets are only valid for the flight shown, from the place of departure to the final destination. Each ticket constitutes conclusive evidence of a Contract of Carriage between Carrier and the passenger named on the ticket.

Passengers may not board a flight unless they present a valid ticket (which may be in electronic form) together with the travel documents required by Section 13. 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.

Carrier will only provide carriage to the passenger named on the ticket, as that name appears on the passenger manifest filed with the Venezuelan aeronautical authorities in support of the operating permit for the applicable flight.

Because the passenger manifest for each Program flight must be finalized and filed in advance, it is our policy to facilitate a transfer of a ticket to another person only where the request is received more than forty-eight (48) hours before the scheduled departure time. No ticket transfer, name change, or addition to the manifest is permitted within forty-eight (48) hours of scheduled departure.

Any transfer is further conditioned on the new passenger providing the travel document information required by Section 13, the new passenger accepting these Conditions as well as Aero’s Operator Participant Agreement, Terms of Service and Privacy Policy, and completion of the screening described in Section 13, in each case before the forty-eight (48) hour cutoff. Passengers should contact concierge@aero.com if they wish to transfer their ticket.

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 are quoted and payable in U.S. Dollars.

The fare includes all taxes, fees and other charges assessed by Aero in connection with your carriage. Any tax, fee, charge or levy imposed by any government, airport operator or other authority in the Bolivarian Republic of Venezuela that is collected directly from passengers at the airport is not included in the fare and is payable by the passenger. At the time of booking, passengers will be advised of the 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 increase 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.

Program Baggage Allowance

All Program flights are operated on the Embraer ERJ-135, and a single baggage allowance applies to all Program fares. Each passenger may check two (2) bags weighing up to 50lb (23kg) at no additional cost. If space allows, passengers may check additional pieces of baggage for a price of $150 per bag, which can be paid via our Concierge before the day of the flight or in the lounge before you board. Please contact our Concierge (concierge@aero.com) to confirm availability for additional baggage prior to arrival at the airport.

The Aero Latitude and Aero Crowdsource fare products, and the baggage allowances associated with them, are not offered on the Program.

Passengers are responsible for ensuring that the contents of their baggage comply with the customs and import requirements of both the United States and the Bolivarian Republic of Venezuela. Carrier is not liable for any duty, fine, seizure, delay or other consequence arising from a passenger’s baggage or its contents.

Mobility and Assistive Devices

Mobility and assistive devices which cannot be carried in the cabin due to space limitations will be considered checked baggage in addition to the included baggage allowance, without charge, provided the passenger is dependent upon such items. Mobility aids are assigned the highest boarding priority and every reasonable effort will be made to transport passengers and their mobility aids on the same flight. There may be times, however, when space, weight and safe stowage constraints may limit the number of devices which may physically and safely fit onto a particular aircraft. For example, most non-collapsible mobility aids powered by dry and wet cell batteries are too large to fit onboard the aircraft. When this happens, we will coordinate with the passenger and endeavor to offer the best solution available.

Liability for Checked Baggage

Program flights are international flights. The Bolivarian Republic of Venezuela is not a party to the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999) (the “Montreal Convention”). Accordingly:

Where the passenger’s contract of carriage is for a round trip beginning and ending in the United States with an agreed stopping place in the Bolivarian Republic of Venezuela, the Montreal Convention applies, and Carrier’s liability for lost or damaged checked 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.

Where the passenger’s contract of carriage is for one-way carriage between the United States and the Bolivarian Republic of Venezuela, the Montreal Convention does not apply and carriage is governed by the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), as amended, and Carrier’s liability for lost or damaged checked baggage is limited to the amount prescribed by that Convention.

Checked Baggage — General

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 Hazardous Materials and Prohibited Items.

Each passenger is solely responsible for packing their luggage in such a way that the contents cannot be damaged. Passengers are liable for any damage caused to the aircraft’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. 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.

Notice of Claims

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. 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, in writing, within 21 days after occurrence of the event giving rise to the claim. Every such notification must be made in writing by sending email to Aero’s Concierge team at concierge@aero.com. Failure to give notice within these time limits will not bar the claim if the passenger establishes to the satisfaction of the Carrier that he/she was unable to give such notice.

For domestic transportation, legal action on any claim described above must be brought within one (1) year of Carrier’s written denial, in whole or part, of the claim.

Passengers may carry a small personal item such as a purse, briefcase, laptop computer case, or small backpack weighing no more than 20lbs. Your personal item must fit snugly under the seat in front of you, and measure no more than 13x13x10in. Please note that the aircraft does not have overhead bins.

Assistive devices upon which an individual with a disability is dependent may be carried in addition to the one personal item allowance if such devices can be safely stowed in the cabin of the aircraft consistent with applicable safety and stowage requirements, as determined by the pilot in command.

Personal items are the sole responsibility of the passenger. Carrier assumes no liability for personal items, including but not limited to fragile valuables or perishable articles. Carrier is also not liable for pre-existing damage (including minor cuts, scratches, and broken zippers as a result of overpacking) or for wear and tear resulting from ordinary handling of the personal items. Claims for lost, forgotten, or stolen personal items will not be accepted by the Carrier.

For reasons of safety and security, Carrier may request that a passenger permit a search and scan of his/her person and a search, scan or x-ray of the baggage. If a 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 a passenger is unwilling to comply with such request, Carrier may refuse to carry such passenger and his/her baggage.

If required, a passenger will attend inspection of his/her baggage, checked or unchecked, by customs or other Government officials of either the United States or the Bolivarian Republic of Venezuela. Carrier is not liable to any passenger for any loss or damage suffered by such passenger in the course of such inspection or through passenger’s failure to comply with this requirement. Passengers must submit to any security checks by Governments, airport officials or by Carrier.

Passengers are advised that the Bolivarian Republic of Venezuela is subject to enhanced security requirements, and that additional screening of passengers, baggage and the aircraft may be conducted at either station.

Carrier is not certified to carry any hazardous materials and Carrier prohibits passengers from bringing items that are likely to endanger the aircraft or persons or property on board the aircraft. Carrier complies with the hazardous materials regulations issued by 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. Passengers must declare any hazardous materials to Carrier’s crew or personnel immediately. A violation of Federal Hazardous Materials Restrictions may result in five (5) years imprisonment and penalties of $250,000 or more.

Additional information about what can and cannot be transported onboard aircraft can be found here: https://www.tsa.gov/travel/security-screening/whatcanibring/all

Examples of hazardous materials include:

i. Fireworks: signal flares, firecrackers, sparklers or any other explosive.

ii. Flammable liquids or solids: fuel, paint, solvents, lighter fluids, or matches.

iii. Compressed gasses: spray cans, butane fuel, scuba tanks, propane tanks, oxygen bottles, or self-inflating rafts.

iv. Weapons: loaded or unloaded/non-loaded firearms and ammunition, gunpowder, mace, tear gas, or pepper spray.

v. Other hazardous materials including but not limited to: dry ice, gasoline powered tools, camping equipment with fuel, wet cell batteries, oxidizers, corrosives, radioactive materials including radiopharmaceuticals, poisons, or infectious substances.

vi. Self-heating meals will be accepted within a passenger’s one (1) allowable personal item or as part of passenger’s checked baggage, however, activation and use of self-heating meals are prohibited onboard the aircraft.

In addition to the above stated prohibited Hazardous Materials, the carriage of the following dangerous items are restricted by the Transportation Security Administration:

i. Guns and firearms including stun guns, shocking devices, realistic replicas of firearms, parts of guns and firearms, compressed air guns, starter pistols, spear guns, flare pistols, gun lighters, pellet guns, firearms, and BB guns are prohibited.

ii. Sharp objects including razor blades, box cutters, utility knives, knives of any length, metal scissors with a blade length of 4 inches or more, throwing stars, axes and hatchets, bows and arrows, ice axes, ice picks, meat cleavers, sabers and swords are prohibited.

iii. Club-like items including martial arts weapons, brass knuckles, lacrosse sticks, baseball bats, hockey sticks, cricket bats, pool cues and billy clubs may be restricted.

iv. All explosives, including realistic replicas of explosives, flares in any form, plastic explosives, hand grenades, blasting caps, gunpowder, ammunition, fireworks and dynamite are prohibited.

v. Incendiaries including aerosols (except for personal care or toiletries in limited quantities), fuels (cooking fuels and any flammable liquid fuel), gas torches, realistic replicas of incendiaries, any type of matches, all types of lighters, and gasoline are prohibited.

vi. Disabling chemicals and other dangerous items including cylinders containing compressed gas, fire extinguishers, spillable batteries, chlorine, pepper spray, liquid bleach, spray paint, tear gas, and mace are prohibited.

vii. Tools greater than seven (7) inches in length, saws and saw blades, drills and drill bits, crowbars and hammers are restricted.

viii. For additional information, visit www.tsa.gov/travelerinformation/prohibited.

If you have any questions about hazardous materials or prohibited items, please reach out to us at concierge@aero.com.

Program flights are international flights. Carrier will not accept firearms or ammunition of any kind, whether as checked baggage or otherwise, on any Program flight.

It is the policy of Carrier to provide equal opportunity for all would-be travelers. Accordingly, Carrier will not refuse to provide transportation to, or discriminate against, a disabled individual, who may be transported in accordance with Carrier’s FAA-approved operating procedures, on the basis of his or her disability. Carrier may refuse to provide transportation to any passenger whose carriage may impair the safety of the flight in accordance with the provisions of these Conditions of Carriage, and may refuse to provide transportation to any passenger whose carriage would violate federal regulations (including FAA and TSA regulations) or the Carrier’s FAA-issued operating manuals. In exercising this authority, however, Carrier personnel will not discriminate against any disabled individual solely on the basis of his or her disability.

Advance reservations and early check-in are recommended, although not required, to ensure time to coordinate the collaboration needed for the safe boarding of qualified individuals with a disability and any assistive devices.

Although the small size of our aircraft may limit some of our flexibility (e.g. the inability to fit non-collapsible electric wheelchairs on the aircraft), we will accommodate passengers’ special needs to the greatest extent possible, with dignity and respect, and in compliance with U.S. Department of Transportation Part 382. We encourage passengers with special needs to speak with a Concierge at concierge@aero.com prior to booking so that we may offer appropriate guidance and support for your travel.

Passengers who, because of age, mental or physical condition, disability or impairment, require individual attention or consideration to enplane or deplane an aircraft or to manage oneself during the flight in normal operations or emergency conditions, will be afforded reasonable assistance by Carrier employees. This assistance will be in a dignified, safe, professional and courteous manner and at all times Carrier will consult with the passenger about any assistance and special plans arranged on the passenger’s behalf. Carrier will extend this assistance to all qualified individuals with a disability. This assistance may include, depending upon the limitations of the aircraft and ramp, steadying a passenger or providing a helping hand as the passenger ascends or descends the step(s), assistance in getting to or from the seat, and assistance with loading and retrieving personal items or assistive devices stowed on board. Employees are not permitted, however, to lift or carry passengers on board the aircraft or assist with medical services. Should assistance beyond these measures be necessary, please refer below to the section discussing Safety Assistants.

Passengers must be physically able to ascend/descend several steps with minimal assistance to access Carrier’s aircraft. Passengers who are unable to board by way of walking up the stairs into the aircraft are strongly encouraged to advise Carrier at least forty-eight (48) hours before the scheduled departure of their need for assistance so that Carrier can make appropriate arrangements. Carrier will not refuse transportation, or decline to provide assistance, solely because such advance notice was not given, except where 14 C.F.R. 382.27 permits Carrier to require advance notice for the particular service requested.

Physical limitations of the aircraft preclude the use of assistive devices typically available for access to larger aircraft, such as jet bridges, lifts, or boarding chairs. Passengers should be aware that the ground facilities and assistance available at the general aviation terminal at CCS may differ from those available at OPF.

Qualified Individuals with a Disability and Safety Assistants

Safety Assistants. Passengers who need additional support may travel with a safety assistant who is able to provide the extra assistance required for the passenger’s safety. This support may include lifting a passenger for boarding and deplaning, so long as the weight limit of the aircraft stairs is not exceeded.

Essential Safety Assistants Required. Carrier will not require any individual covered by this section to be accompanied by a safety assistant unless it is determined that such assistant is essential for safety. Carrier may require a passenger meeting any of the following criteria to travel with a safety assistant as a condition of being provided air transportation in the interest of the passenger’s essential safety needs. In these circumstances, and if contrary to the individual’s self-assessment that he or she is capable of traveling independently, Carrier will not charge for the transportation of the safety assistant:

A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from Carrier personnel, including the safety briefing required by 14 CFR 135.117(b) or any briefing required by a foreign government.

A person with a mobility impairment so severe that the person is unable to physically assist in his or her evacuation of the aircraft; or

A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with Carrier personnel adequate to permit the transmission of the required safety briefing.

If because there is not a seat available on a flight for a safety assistant whom Carrier has determined to be necessary, the individual will be eligible for denied boarding compensation. For the purposes of the determination of seat availability, the assistant will be deemed to have checked in at the same time as the passenger herein.

Carrier is not required to find or provide a safety assistant.

Pets are not accepted on Program flights. No dog, cat or other animal may travel on a Program flight other than a trained service animal carried in accordance with Section 10. This applies whether the animal would travel in a carrier or in a purchased seat. Aero is not able to carry animals in the cargo hold.

Because pets are not carried on the Program, emotional support animals, comfort animals and service animals in training are also not accepted, as each of those categories travels under Aero’s pet policy rather than as a service animal.

We welcome trained dogs as service animals (free of charge) provided a completed and signed Department of Transportation Service Animal Air Transportation Form is submitted in advance of departure, confirming the dog is a trained service animal. The dog must also have ID, tag, or harnesses indicating that it is a trained service animal. Our hosts are trained to ask certain questions to determine if your animal is a service animal acceptable for travel.

Because Program flights are international and each animal must be documented in advance of the permit filing, passengers travelling with a service animal must notify Concierge at concierge@aero.com no later than forty-eight (48) hours before scheduled departure, and must satisfy the health, vaccination, import and documentation requirements of the Bolivarian Republic of Venezuela. Passengers are responsible for obtaining those documents. A service animal cannot be added to a booking within forty-eight (48) hours of departure.

The service animal must fit within a passenger’s seat area 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 passenger’s feet, we will accommodate the service animal in another location near the passenger if space is available (e.g., because the flight is not full). A trained service dog that does not fit within the handler’s foot-space without obstructing an aisle or exit may travel in an adjacent seat purchased at the prevailing fare. Aero does not impose any additional service-animal fees. Seat-purchase requirements are determined case-by-case based on the animal’s actual size and aircraft layout.

Should a passenger have two service animals, we will make every effort to accommodate. An animal that does not meet the qualifications to travel as a trained service animal cannot travel on a Program flight, because pets are not accepted (see Section 9). The animal must be trained to behave in a public setting and must remain in control of the handler at all times. Any threatening or disruptive behavior may result in denying travel to the service animal and passenger.

Passengers with service animals will not be seated in emergency exit rows. Service animals may not obstruct an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation.

Passengers assume full responsibility for the conduct of his or her accompanying service animal. In the event Carrier incurs any loss, damage, delay, expense, or legal liability of any kind in connection with the transport of such animal, passenger accepts full liability for and shall reimburse Carrier for all such sums incurred.

Unaccompanied minors are not accepted on Program flights. All passengers must be eighteen (18) years of age or older, or travelling with a parent, legal guardian or responsible adult who is travelling on the same flight.

Minors under the age of eighteen (18) travelling to or from the Bolivarian Republic of Venezuela may be required to present a notarized letter of consent from their parents or legal guardians, together with additional documentation required by Venezuelan authorities. It is the responsibility of the accompanying adult to obtain these documents. Failure to provide the necessary paperwork at check-in will result in denied boarding and a forfeiture of the ticket, without refund. Please contact concierge@aero.com for additional information.

Carrier encourages all adults traveling with children under the age of two (2) years to secure the child in an approved car seat or child restraint system in the child’s own, purchased seat. A paying adult passenger may carry, free of charge, on his or her lap, one child over 14 (fourteen) days and under two (2) years of age. Carrier reserves the right to request proof of age (e.g., passport, birth certificate, etc.) before accepting an infant for travel as a lap child. Carrier does not reserve a seat for such children unless a separate seat is purchased at the regular, applicable fare.

Lap infants must hold a valid passport and any visa or entry document required by the Bolivarian Republic of Venezuela, and must be declared to Aero and included on the passenger manifest more than forty-eight (48) hours before scheduled departure. Infants may not be added to a booking within forty-eight (48) hours of departure.

If a separate seat has been purchased for a child over fourteen (14) days and under two (2) years of age, the child may travel in a separate seat, provided that the child must be placed in a FAA-approved child restraint system. Child restraint systems may not be used in emergency exit rows. It is the responsibility of the child’s parent or accompanying adult to ensure that the restraint device functions correctly, that the child is adequately secured by the device, that the child’s weight does not exceed applicable limitations and that the device has been properly secured to the aircraft seat.

Passenger is responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of the United States and the Bolivarian Republic of Venezuela.

Every passenger, including lap infants, must hold a valid passport and any visa or entry authorisation required for travel to or from the Bolivarian Republic of Venezuela. Passengers must provide Aero with a copy of their passport and all other passenger information Aero requests more than forty-eight (48) hours before scheduled departure. A passenger who has not provided this information within that period may be denied boarding, and the fare will be forfeited.

Each Program flight operates under a permit issued by the Venezuelan aeronautical authorities on a per-flight basis, supported by a passenger manifest that must be filed in advance of departure. The manifest, once filed, cannot be amended. No passenger may be added to, removed from, substituted on, or renamed on a Program flight within forty-eight (48) hours of scheduled departure.

Carriage on Program flights is conditional on each passenger clearing the sanctions and regulatory screening that Aero is required to conduct, including screening against lists maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control. Aero and Carrier may refuse a booking or refuse carriage, at any time and without liability, to any passenger who does not clear that screening or in respect of whom Aero or Carrier is unable to complete it. Where a booking is refused or cancelled on this basis before departure, Aero will refund the fare paid in full to the original form of payment within fourteen (14) days.

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 a passenger is denied entry into his/her final destination for any reason, Aero will provide reasonable assistance to book such passenger on a return flight at passenger’s cost. 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.

least sixty (60) minutes in advance of flight departure, and at the general aviation terminal at Simón Bolívar International Airport at least ninety (90) minutes in advance of flight departure, to permit completion of government formalities and departure procedures, and in any event no later than the time that may be indicated by Carrier.

Passengers must present the passport used to complete the manifest filing. If a 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 such passenger and will not delay the flight. Carrier is not liable to any passenger for loss or expense due to such passenger’s failure to comply with these requirements.

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;

The passenger has not cleared, or Carrier or Aero has been unable to complete, the screening described in Section 13, or the passenger does not appear on the manifest filed in support of the operating permit for the flight;

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 Carrier’s instructions with respect to safety or security.

Passengers who refuse to obey Carrier’s or Aero’s rules or policies.

Passengers who refuse to obey any federal regulations, security directives, or instructions given by crew members, station management or supervisory personnel.

Passengers whose conduct is or has been known to be disorderly, abusive, offensive, threatening, intimidating, violent, belligerent and/or irrational so as to be a hazard or potential hazard to Carrier’s employees, other passenger(s), and/or him/herself (including verbal harassment related to race, color, gender, religion, national origin, disability, age, ethnicity or sexual orientation). Federal law, including but not limited to 49 U.S.C. Section 46503, protects Federal, airport, and air carrier employees who have security duties within an airport. Assault on such employees or interference with the performance of their duties is strictly prohibited.

Passengers who interfere or attempt to interfere with the duties of any member of the flight crew.

Passengers who are unwilling or unable to abide by our non-smoking rules and federal laws prohibiting smoking onboard the aircraft.

The tickets of any passenger refused passage or removed enroute under the provisions of this section will be refunded and such refund shall be the sole recourse of any passenger refused passage or removed enroute. UNDER NO CIRCUMSTANCES WILL CARRIER BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

If Carrier is required to pay any fine or penalty or to incur any expenditure by reason of passenger’s 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.

Smoking (including use of electronic simulated smoking materials and smokeless cigarettes) is not permitted on any flights. Federal law also prohibits smoking in an airplane lavatory and tampering with, disabling, or destroying any smoke detector installed in any airplane lavatory.

By Guest

Program reservations are non-refundable and cannot be cancelled, subject only to the 24-hour post-booking right described below and to Aero’s obligations under the Operator Participant Agreement.

A reservation may be changed to another date or time on the same route at no charge, provided the change is requested more than forty-eight (48) hours before the scheduled departure time and a seat is available. Changes to a different route are not permitted. No change of any kind — including a change of date or time, a name change, a substitution of passenger, or the addition or removal of any passenger or lap infant — is permitted within forty-eight (48) hours of scheduled departure.

Outside the 24-hour right below, a Program reservation cannot be cancelled and the fare is not refundable in whole or in part. No flight credit, voucher or other consideration is issued. A guest who does not travel and who has not changed the reservation in accordance with the paragraph above forfeits the fare in full.

A Program reservation may be cancelled and refunded in full to the original form of payment if (a) the cancellation is requested within twenty-four (24) hours after the booking is made, and (b) the scheduled departure time of the first flight on the booking is not within seven (7) days of the booking.

Sales for each Program flight close more than forty-eight (48) hours before scheduled departure. The full rules governing changes and cancellations are set out in Section 7 of the Aero Operator Participant Agreement for the Program, which the passenger accepts at the time of booking.

By Carrier

For flights in which Aero is acting as a Public Charter Operator under 14 C.F.R. 380, please consult the Operator Participant Agreement for the rules that apply when Carrier and/or Aero delay, change, or cancel a flight. Those rules, including the passenger’s right to a full refund where Aero cancels a flight or makes a Major Change, are unaffected by the non-refundable nature of the fare.

Each Program flight depends on an operating permit issued by the Venezuelan authorities on a per-flight basis. Where such a permit is not granted, Aero will cancel the flight and refund the fare in full in accordance with the Operator Participant Agreement.

Carriage in international air transportation is subject to the rules and limitations relating to liability established by the Montreal Convention or, where the Montreal Convention does not apply, by the Warsaw Convention as amended, as described in Section 3 above.

Pursuant to the applicable Convention:

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 a passenger’s age or mental or physical condition 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 or 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 the amount prescribed by the applicable Convention. 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 Carrier’s 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 Carrier’s own liability, if any.

Nothing in these Conditions of Carriage waives any exclusion or limitation of Carrier’s liability under the applicable 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.

Ground transportation is exclusively the responsibility of the Passenger and is not included as part of the Charter reservation, unless disclosed and/or sold by Carrier prior to departure.

Carrier may, at its own discretion, provide or procure ground transportation service between airports or locations for any reason, including due to a diversion. It is agreed to and understood that any such service is performed by independent operators who are not agents or personnel of Carrier or Aero. Therefore, neither Carrier nor Aero assumes any responsibility for ground transportation for any Passenger and/or accompanying baggage. Any act made by staff or crew of Carrier to assist Passenger in making such arrangements shall in no way make Carrier liable for the acts or omissions of any operator of ground transportation.

Passenger recognizes that personal data has been given to Aero and Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, obtaining operating permits, conducting the screening described in Section 13, and making available such data to government agencies in the United States and the Bolivarian Republic of Venezuela. For these purposes, Passenger authorizes Carrier to retain such data and to transmit it to its own offices, other Carriers, ground handling agents, legal advisers, government agencies, or the providers of such services, in whatever country they may be located. All passenger information shall be handled in accordance with Aero’s Privacy Policy.

Passenger authorizes Aero, its subsidiaries, licensees, successors and assigns, to use passenger’s (1) picture, including photographic, motion picture, and electronic (video) images; (2) written or oral statements; and (3) voice, including sound and video recordings, in each case created or captured during or in connection with passenger’s travel with Aero. Passenger hereby grants Aero, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, passenger’s name, picture of passenger in film or electronic (video) form, sound and video recordings of passenger’s voice, and printed and electronic copy of the information described above in any and all media including cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in the United States or abroad. The permission shall continue forever. Passenger further grants Aero, its subsidiaries, licensees, successors and assigns all right, title, and interest in all finished pictures, negatives, reproductions, and copies of the original print, and further grants Aero, its subsidiaries, licensees, successors and assigns the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit in its sole discretion. Passenger hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for Aero’s, its subsidiaries’, licensees’, successors’ and assigns’ use of any of the material described above for any purpose authorized by this release. Passenger also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer-generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied.

These Conditions of Carriage 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 of Carriage will apply only to the extent they are consistent with such charter agreement. If any provision of these Conditions of Carriage or any charter agreement are invalid under any applicable law, the other provisions will remain valid.

Carrier reserves the right, to the extent not prohibited by federal law, to change, delete, or add to any of the terms of these Conditions of Carriage without prior notice. All changes must be in writing and must be available for public inspection. To the extent there is a conflict between the Conditions of Carriage and a passenger’s itinerary, the Conditions of Carriage govern.

Except where the Montreal Convention, the Warsaw Convention as amended, or other applicable law provides otherwise, these Conditions of Carriage and the relationship between Carrier and the passenger are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

By purchasing a ticket, or accepting transportation under these Conditions of Carriage, passenger agrees that any lawsuit brought by or on behalf of passenger against Carrier or Aero will be brought only in passenger’s individual capacity and not as part of a class action proceeding. Nothing in this Section applies to, or shall be construed to limit, the rules of jurisdiction or the notice and limitation periods prescribed by the applicable Convention for a claim governed by that Convention.