Terms & Conditions

These Terms & Conditions (the "Terms") are a binding agreement between you and Velaire Aviation LLC, a Texas limited liability company with its principal office at 6501 Boeing Dr, Bldg I, Ste 1A, El Paso, Texas 79925 ("Velaire", "we", "us" or "our"). They govern your use of velaireaviation.com and any related pages, portals, and communications (together, the "Site") and the services described below. By using the Site, requesting a quote, booking a flight through us, or applying for or holding a membership, you accept these Terms. If you do not agree, do not use the Site or our services.

Please read Section 14 carefully. It contains a mandatory arbitration provision and a waiver of class actions and jury trials, which affect how disputes with Velaire are resolved.

1. Definitions

• "Carrier" or "Operator" means the direct air carrier holding an FAA Part 135 (or, where applicable, Part 121) operating certificate that operates the aircraft on a flight we arrange.
• "Charter Agreement" means the written agreement for a specific flight that identifies the Carrier, aircraft, itinerary, all-inclusive price, and the Carrier's cancellation, change, and refund terms, which you sign before the flight is confirmed.
• "Client" or "you" means the person or entity that uses the Site, requests or books charter transportation, or holds a membership.
• "Empty Leg" means a one-way repositioning flight offered by a Carrier at a reduced price, as further described in Section 6.
• "Membership" means a Velaire Access, Velaire Signature, or Velaire Reserve membership, including any add-on, as described in Section 7.
• "Quote" means a written, all-inclusive price for a specific flight issued by a Velaire broker, as distinguished from an on-screen estimate.

2. Who We Are — Air Charter Broker Disclosures

Velaire Aviation LLC is an air charter broker operating under 14 C.F.R. Part 295 of the U.S. Department of Transportation's regulations. The following disclosures are made in accordance with those rules and apply to every flight we arrange:

• We are not a direct air carrier. Velaire does not own, lease, operate, or maintain aircraft, does not employ flight crew, and does not hold an FAA air carrier or operating certificate.
• Operational control. Every flight arranged by Velaire is operated by a properly certificated Carrier that has, and at all times retains, full and exclusive operational control of the aircraft and its crew. Pilots and crew are employees or contractors of the Carrier, not of Velaire.
• Capacity in which we act. Unless we state otherwise in writing for a specific flight, Velaire acts as the agent of the Client in sourcing and arranging air transportation. We are not the agent of the Carrier and do not provide the transportation itself.
• Carrier identity. Before you commit to a flight, we will disclose in writing the name of the Carrier that will operate it, the aircraft type, and, on request, the Carrier's liability insurance information and any applicable safety rating. If a substitute aircraft or Carrier becomes necessary, we will notify you as early as practicable and obtain your consent where required.
• Carrier terms govern transportation. The Carrier's Charter Agreement, conditions of carriage, and applicable law govern the transportation itself, including liability for delay, cancellation, baggage, injury, and death. Velaire's obligations are limited to brokerage services.
• Compensation. Velaire is compensated through a brokerage fee or margin included in the all-inclusive price quoted to you. We do not accept undisclosed compensation from Carriers for steering business.

3. Estimates, Quotes, and Pricing

• Estimates are not offers. Prices generated by the Site's flight estimator, hourly ranges shown for aircraft categories, and any price labelled "from" or "estimate" are indicative only. They are based on general market rates, exclude federal excise tax, segment fees, international fees, de-icing, catering, ground transportation, overnight crew expenses, and similar items unless stated, and are not an offer to transport.
• Only a written Quote is binding. A Velaire broker issues a Quote in writing after confirming aircraft availability. A Quote states the all-inclusive price, what it includes and excludes, the Carrier, and the deadline by which it must be accepted. Quotes may be withdrawn or revised before acceptance, and after acceptance only for changes you request or for reasons described in the Charter Agreement.
• Taxes and fees. Unless the Quote says "all-inclusive," prices exclude applicable taxes, fees, and surcharges, which are itemized in the Quote and Charter Agreement.
• Currency. All prices are in U.S. dollars.

4. Booking, Charter Agreement, and Payment

• When a flight is confirmed. A flight is confirmed only when (a) you have signed the Charter Agreement, (b) the required payment has been received in cleared funds, and (c) Velaire has sent you written confirmation. Until then, aircraft availability is not guaranteed and may be lost to another client.
• Charter Agreement controls. Each flight is governed by its Charter Agreement. If these Terms and a Charter Agreement conflict with respect to that flight, the Charter Agreement controls.
• Payment methods. We accept domestic wire and ACH transfer, international SWIFT transfer, and major credit and debit cards through a personalized secure payment link that we send to you. Bank fees are your responsibility; the full invoiced amount must be received. Card payments are processed by a third-party payment processor; Velaire does not store full card numbers.
• Payment timing. Full payment is generally due before the flight, by the deadline stated in the Quote. Flights booked on short notice may require immediate payment. Velaire may cancel a booking for which payment is not received when due.
• Payment security. Velaire will never change its bank details by email. Verify wire instructions by telephone at +1 (915) 702-9915 before sending funds. Velaire is not responsible for funds sent to an account other than the one confirmed by telephone.
• Chargebacks. If you dispute a card payment for a service that was provided in accordance with these Terms or the Charter Agreement, you agree to reimburse Velaire for the amount of the chargeback and reasonable costs of responding to it.

5. Cancellations, Changes, and Refunds for On-Demand Charter

Cancellation, change, and refund terms for each on-demand charter flight are set by the Carrier operating that flight and are stated in the Charter Agreement for that flight.They vary by Carrier, aircraft, route, season, and how close to departure the change is made. Velaire will set them out in writing before you pay, and you should read them before signing. Typical Carrier terms impose increasing cancellation charges as departure approaches and treat cancellations within a short window before departure, or no-shows, as fully chargeable. Where the Charter Agreement is silent, the Carrier's standard conditions of carriage apply. Velaire's own Refund Policy explains how we process refund requests and which amounts, if any, are retained by Velaire as brokerage fees.

• Changes you request (dates, times, routing, passengers, catering) are subject to Carrier acceptance and may change the price.
• Carrier-initiated changes. If a Carrier cannot perform a confirmed flight for reasons such as mechanical issues, crew duty limits, or weather, Velaire will use reasonable efforts to arrange a substitute aircraft of equal or greater capability at no additional cost to you, or, if you prefer, to obtain a refund of amounts paid for the unperformed flight in accordance with the Charter Agreement. Velaire is not liable for consequential losses arising from such changes.
• Weather and safety. The pilot-in-command has final authority over whether and how a flight operates. Velaire has no authority over, and accepts no responsibility for, operational decisions.

6. Empty Legs

• Empty Legs are one-way repositioning flights made available by Carriers, listed on the Site as received from Carriers and refreshed periodically. Listings are subject to availability and may change in time, routing, aircraft, or price, or be withdrawn, at any time without notice, including after you request one, until the Carrier confirms it in writing.
• An Empty Leg request is not a booking. A booking exists only when the conditions in Section 4 are met.
• Because an Empty Leg depends on the Carrier's underlying trip, if that trip changes or cancels the Empty Leg may be cancelled. In that event amounts paid for the unperformed Empty Leg will be refunded in accordance with the Charter Agreement; Velaire is not otherwise liable for the cancellation.
• Once a Carrier confirms an Empty Leg, the Carrier's cancellation terms apply; Empty Legs are commonly non-refundable once confirmed because of their discounted price.
• Prices shown for Empty Legs are for the entire aircraft on the listed routing and exclude taxes and fees unless stated. Included Empty Legs for annual members (Section 7.3) are provided at no charge, with no taxes or fees payable by the member.

7. Membership Program

7.1 Tiers and fees

Velaire offers Velaire Access (billed monthly), Velaire Signature (billed annually), and Velaire Reserve (billed annually), together with optional add-ons: the Authorized User add-on (available on Signature; included with Reserve) and the Founding add-on (available on Reserve only, limited to the first fifteen Reserve members). Current fees, benefits, and availability are published on the Membership page, which forms part of these Terms. Velaire may change fees and benefits for future membership terms on notice; changes do not affect a membership term already paid for.

7.2 Application, welcome call, and start date

Membership begins when (a) your application has been accepted by Velaire, (b) a Velaire broker has completed a welcome call with you confirming your tier, add-ons, and these Terms, and (c) your membership fee has been received in cleared funds. Velaire may decline any application in its discretion. Annual memberships run for twelve months from the start date; monthly memberships run month to month from the start date.

7.3 What a membership is — and is not

• A membership provides access to member pricing, member benefits, and concierge services for the membership term. It is not a flight credit, a deposit, a jet card, a guarantee of aircraft or Empty Leg availability, or an ownership or lease interest in any aircraft.
• "Included" or "free" Empty Legs means Empty Legs listed by Velaire on its Empty Legs page that the member flies at no charge: the Carrier's charter price is waived and the member pays no taxes, fees, or surcharges for the flight. Coverage depends on the tier: Velaire Signature includes domestic Empty Legs only (both airports within the United States); Velaire Reserve includes Empty Legs with both airports in the United States, Mexico, Canada, or the Bahamas; other Empty Legs are offered to Reserve members at the listed price less a 10% member discount. For Signature members, international Empty Legs are not included and are offered at the listed price plus the International Fee described below. Only Empty Legs that Velaire itself lists (or, for Reserve members, offers privately) are included; Empty Legs offered by third parties are not. Empty Legs listed in the Europe section of the Empty Legs page are sold separately at the listed price and are not included in, or discounted by, any membership tier. Members are responsible for valid travel documents on international flights.
• Charter discounts. Member discounts on on-demand charter apply to the Carrier charter price in a Quote and not to taxes, fees, or third-party charges. Velaire Reserve members receive a 10% discount on every on-demand charter Quote (20% with the Founding add-on, Section 7.5). Velaire Signature members receive a discount of up to 7%, which varies by route and is stated in each Quote. Velaire Access members receive discounts on selected flights as published from time to time.
• International Fee. For Velaire Access and Velaire Signature members, on-demand charters and Empty Legs with any airport outside the United States carry an international fee (the "International Fee"), quoted per trip in writing before confirmation. No International Fee applies to Velaire Reserve members.
• Charter Trip Protection (Reserve only). If a Carrier cancels a confirmed on-demand charter booked by a Velaire Reserve member for a reason within the Carrier's control (for example, aircraft mechanical or crew unavailability), Velaire will use commercially reasonable efforts to source a replacement aircraft of comparable category, will charge no Velaire rebooking fee, and will use reasonable efforts to hold the Carrier charter price in the original Quote; if no replacement aircraft can be arranged for the scheduled departure, Velaire will refund the charter amount paid in full. Charter Trip Protection does not apply to cancellations or changes by the member, to delays or cancellations caused by weather, air traffic control, airport or airspace closures, government action, or other events outside the Carrier's control, to Empty Legs, or to members of other tiers. It is a service commitment by Velaire as broker and is not insurance.
• Concierge services (hotels, dining, ground transport, partner pricing) are arranged with third-party providers on your behalf. Those providers' own terms apply, and Velaire does not guarantee their availability or performance.

7.4 Personal to the member; Authorized User

• A membership is personal to the named member and may not be transferred, shared, or resold. Benefits apply to flights on which the member travels. Guests travelling with the member on the same aircraft are covered.
• A member may book for a person travelling without the member; a per-booking fee applies and is quoted in writing before confirmation.
• Reserve memberships include, and Signature memberships may add for the published fee, one Authorized User: a single named individual, recorded on the welcome call, who may book under the membership and travel without the member on board. The member remains responsible for the Authorized User's bookings, conduct, and charges. The Authorized User may be changed no more than once per membership term, on written notice to Velaire.

7.5 Founding add-on

The Founding add-on is a one-time fee added to a Reserve membership, available only while Founding spots remain as shown on the Membership page. It provides (a) a three-night stay at a Lifestyle Villas property in Cabo San Lucas once per year for three consecutive years, including one dinner prepared by the villa chef and private airport transfers in Cabo on each stay, and (b) a 20% discount on on-demand charter Quotes in place of the standard Reserve discount for the membership term. The three stays are earned by the one-time fee and remain available to the member for three years from the Founding purchase date whether or not the Reserve membership is renewed. Each stay is booked through the Velaire concierge, is subject to the property's availability and the property's own terms, is limited to one stay per twelve-month period, and is not exchangeable for cash. Flights to and from Cabo San Lucas are not included.

7.6 Renewal, cancellation, and refunds

• Monthly (Access) memberships renew automatically each month until cancelled. You may cancel at any time; the membership ends at the close of the current billing period and no prorated refund is given.
• Annual (Signature, Reserve) memberships do not renew automatically unless you have authorized automatic renewal in writing. We will contact you before the end of the term.
• Annual membership fees and add-on fees are non-refundable once the welcome call has been completed, except as required by law. The Founding add-on fee is non-refundable once the first villa stay has been booked. Full details are in our Refund Policy.
• Velaire may suspend or terminate a membership, without refund, for breach of these Terms, fraud, chargeback abuse, abusive conduct toward Velaire staff, Carriers, or partners, or use of the membership for commercial resale.

8. Your Responsibilities

• Provide accurate passenger names, dates of birth, identification, and contact details as required by the Carrier, the TSA, and U.S. Customs and Border Protection; ensure every passenger has valid travel documents.
• Disclose hazardous materials, firearms, pets, medical needs, and unusual baggage in advance; Carriers may refuse carriage of undisclosed items.
• Comply with the Carrier's and crew's instructions and applicable laws. Passengers may be refused carriage, at your cost, for intoxication, unlawful, or unsafe conduct.
• Pay any damage to the aircraft or its interior caused by you or your passengers, and any cleaning, de-icing, overnight, or diversion costs charged by the Carrier in accordance with the Charter Agreement.
• Use the Site only for lawful purposes and for your own travel or that of persons you are authorized to book for; do not scrape, reverse-engineer, interfere with, or misuse the Site or its data, and do not submit false quote requests or applications.

9. Accounts and the Member Portal

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use. We may suspend an account to protect the Site, our clients, or Carriers. Information in the member portal (including Empty Leg listings and member pricing) is confidential to members and may not be republished.

10. Communications

By providing your telephone number or email address you consent to receive transactional communications from Velaire about your quotes, bookings, and membership by email, telephone, and SMS, including automated messages. Marketing emails are sent only with your consent and include an unsubscribe link; Empty Leg alert emails are sent only to addresses that confirm their subscription and can be stopped at any time. Reply STOP to end SMS messages. Message and data rates may apply.

11. Intellectual Property

The Site and its content — text, design, logos, trademarks, photographs, video, software, and data — are owned by Velaire or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive licence to use the Site for its intended purpose. You may not copy, modify, distribute, or create derivative works from the Site without our written permission. Aircraft photographs are illustrative of a category; the aircraft operating your flight may differ in configuration and appearance.

12. Disclaimers

THE SITE AND OUR BROKERAGE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, VELAIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VELAIRE DOES NOT WARRANT THAT ANY AIRCRAFT, CARRIER, EMPTY LEG, OR CONCIERGE SERVICE WILL BE AVAILABLE, THAT ANY FLIGHT WILL OPERATE AS SCHEDULED, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SAFETY RATINGS (SUCH AS ARGUS OR WYVERN) ARE ISSUED BY INDEPENDENT THIRD PARTIES BASED ON INFORMATION AVAILABLE TO THEM AND ARE NOT A GUARANTEE BY VELAIRE.

13. Limitation of Liability and Indemnity

• Velaire is not liable for the acts or omissions of any Carrier, crew, FBO, ground handler, hotel, villa, vehicle, yacht, or other third-party provider, nor for delay, diversion, cancellation, loss of or damage to baggage, personal injury, or death occurring in connection with air transportation or third-party services, all of which are governed by the Carrier's or provider's contract and applicable law.
• TO THE FULLEST EXTENT PERMITTED BY LAW, VELAIRE'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE BROKERAGE FEES RETAINED BY VELAIRE FOR THE TRANSACTION GIVING RISE TO THE CLAIM OR, FOR MEMBERSHIP CLAIMS, THE MEMBERSHIP FEES PAID BY YOU FOR THE CURRENT TERM.
• IN NO EVENT SHALL VELAIRE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITIES, OR MISSED CONNECTIONS, EVEN IF ADVISED OF THEIR POSSIBILITY.
• Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or gross negligence.
• You agree to indemnify and hold harmless Velaire and its members, managers, employees, and agents from claims, losses, and expenses (including reasonable attorneys' fees) arising from your or your passengers' breach of these Terms or a Charter Agreement, violation of law, or damage to aircraft or property.

14. Governing Law, Arbitration, and Class Waiver

• Governing law. These Terms are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
• Informal resolution first. Before starting arbitration, you agree to send a written description of the dispute to sales@velaireaviation.com and to give Velaire thirty (30) days to resolve it.
• Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, our services, or a membership that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or Consumer Arbitration Rules where applicable), before a single arbitrator, in El Paso County, Texas, or by video conference. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual claim in small-claims court instead.
• Class action and jury waiver. YOU AND VELAIRE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity.
• Opt-out. You may opt out of this arbitration provision by emailing us within thirty (30) days of first accepting these Terms, stating your name and that you opt out. Disputes with Carriers are governed by the applicable Charter Agreement.
• Venue for non-arbitrable matters. For any matter that is not subject to arbitration, the state and federal courts located in El Paso County, Texas have exclusive jurisdiction, and you consent to their personal jurisdiction.

15. General

• Force majeure. Velaire is not liable for failure or delay caused by events beyond its reasonable control, including weather, air-traffic restrictions, government action, airport or airspace closures, labour disputes, pandemics, war, terrorism, or Carrier insolvency.
• Entire agreement. These Terms, the Privacy Policy, the Cookie Policy, the Refund Policy, the Membership page, your Quote(s), and any Charter Agreement(s) form the entire agreement between you and Velaire regarding their subject matter.
• Changes. We may update these Terms by posting a revised version with a new "Last updated" date. Material changes to membership terms will be notified to members by email and apply from the next membership term. Continued use of the Site after a change constitutes acceptance.
• Severability; waiver; assignment. If any provision is unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms; Velaire may assign them to an affiliate or successor.
• Notices. Notices to Velaire must be sent to the address or email below. Notices to you may be sent to the email address on your account.

16. Contact

Velaire Aviation LLC
6501 Boeing Dr, Bldg I, Ste 1A, El Paso, TX 79925
sales@velaireaviation.com · +1 (915) 702-9915 (24/7)

Consumer complaints about air charter brokers may also be directed to the U.S. Department of Transportation, Office of Aviation Consumer Protection, 1200 New Jersey Avenue SE, Washington, DC 20590.