User Terms & Conditions

June 10, 2019

1. General

a) Users understand and agree that by using BlackBird’s platform they agree to the terms of use and privacy policy.

b) Users understand and agree that BlackBird’s platform provides an online aviation marketplace and BlackBird is not an FAA certified direct air carrier or operator, does not own, maintain, or operate aircraft, and does not directly employ pilots.

c) Users may use BlackBird to select and lease an available aircraft and separately hire flight crew (pilot) to operate the aircraft. BlackBird will provide support and facilitate agreements and payments between these parties

i) Users have the choice to select and hire a pilot as an independent contractor from a list of pilots that are available to operate the selected aircraft, or can provide their own pilot

ii) Users understand that pilots in the BlackBird marketplace are not directly employed by BlackBird and listed aircraft are not owned, managed, or maintained by BlackBird

d) Users may also use the platform to search and book on-demand and/or scheduled service on Part 135 direct air carriers

i) Users are subject to follow the conditions and requirements of Third Party Providers

ii) BlackBird will act as an agent when facilitating travel with Part 135 direct air carriers and charters

e) Users flying via the BlackBird marketplace confirm that they are medically fit to travel and accept responsibility and liability for any personal health conditions that may arise as a result of flying

f) In the event that Users violate these terms and conditions, BlackBird has the authority to remove them from the BlackBird Marketplace

2. Aircraft Leasing Requirements

a) Users leasing (renting) an aircraft are responsible for operational control during their lease as outlined in the Aircraft Lease Agreement

i) With respect to all flights conducted, operational control means the exercise of authority over initiating, conducting or terminating a flight (14 CFR §1.1)

ii) Pilots hired by Users to operate the leased aircraft maintain the responsibility and authority for the safe operation of the flight (in accordance with 14 CFR §91.3 and §91.7)

iii) The aircraft provider (lessor) is responsible to provide an airworthy aircraft that is in compliance with appropriate regulations, including required aircraft maintenance and costs associated. These services are outlined in the Aircraft Lease Agreement

iv) Users are responsible for the aircraft rental rates including fuel costs and any additional service fees

b) Users can review the Aircraft Lease Agreement here

c) Users can review the Pilot Services Agreement here

d) Users renting aircraft will not sell extra seats for compensation, advertise open seats, or transport goods or property for compensation

3. Community Flights

a) Users joining the renter of the aircraft on a community flight:

i) Will not compensate the User renting the aircraft

ii) Do not have operational control of the flight

iii) May be charged platform fees for using the BlackBird marketplace to join a flight

b) Users can review the Community Flight Agreement here

4. User Requirements While Traveling on Aircraft

a) General

i) Users 18 years and older need to have a current U.S. federal or state issued photo ID (e.g., drivers license, passport, military ID).  Minors (14-18) traveling alone need identification as well (e.g., drivers license, passport, school ID, a birth certificate, social security card).

ii) Users may not transport illegal drugs

iii) Users may not be intoxicated or under the influence of drugs and alcohol during the flight

iv) In accordance with 14 CFR §91.11, Users may not interfere with the duties of the flight crew, or pose as a safety hazard before, during, or after a flight

v) Smoking during the flight is not allowed

vi) For safety and security, Users may be subject to search of person or personal items

vii) Users and baggage must not exceed the load requirements of the aircraft

b) Seats, Seat belts/Shoulder Harness

i) In accordance with 14 CFR §91.107, all Users are required to sit in an approved seat with a seat belt/shoulder harness properly secured during taxi, take-off, and landing

  • (1) The size and length of seat belts will vary between aircraft; Users requiring a seatbelt extension must provide their own

c) Infants and Children

i) General

  • (1) Children over the age of 2 must occupy their own seat or be properly secured in an FAA approved child restraint device; parents and guardians are responsible for properly securing the child and ensuring the child meets the weight requirements.
  • (2) The following details the FAA requirements for an approved child restraint devices:  
  • (a) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear the label: “This child restraint system conforms to all applicable Federal motor vehicle safety standards”;
  • (b) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:
  • (i) “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and
  • (c) Seats that are not labeled as required above must be marked or labeled with the following information:
  • (i) The seat was manufactured under the standards of the United Nations;
  • (ii) The seat has the approval by a foreign government
  • (d) CARES restraint device
  • (e) Booster seats, vests, harnesses, and restraints such as baby carriers and baby slings/wraps are not approved child restraint devices
  • (3) Children occupying an approved child restraint device must sit in a forward facing seat during taxi, takeoff, and landing
  • (4) Children under 18 may travel unaccompanied without a parent or guardian provided they have written permission of custodial parent and/or meet the Operator’s requirements

ii) Infants and Children 0-2

  • (1) Infants and children 0-2 need to be authorized to fly by the pilot in command. Once approved:
  • (a) Newborns under 7 days old require a letter from their physician authorizing their travel
  • (b) Infants, between the ages of 0-2, may be carried on the lap of a parent or guardian or occupy an FAA approved child restraint device
  • (c) Infants, between the ages of 0-2 are required to have proper ear protection during flight

d) Users with Disabilities

i) Children under the age of 18 and over 40lbs may utilize an approved restraint device provided the device properly fits in the aircraft that is leased

ii) Medical oxygen tanks are not allowed for transport

iii) Users may transport and operate an approved portable oxygen concentrator (POC); POC must be properly stowed for taxi, take-off, and landing

  • (1) The following are approved POCs:
  • (a) AirSep FreeStyle, AirSep LifeStyle, AirSep Focus, AirSep Freestyle 5, (Caire) SeQual eQuinox/Oxywell (model 4000), Delphi RS-00400/Oxus RS-00400, DeVilbiss Healthcare iGo, Inogen One, Inogen One G2, Inogen One G3, Inova Labs LifeChoice Activox, International Biophysics LifeChoice/Inova Labs LifeChoice, Invacare XPO2/XPO100, Invacare Solo 2, Oxylife Independence Oxygen Concentrator, Precision Medical EasyPulse, Respironics EverGo, Respironics SimplyGo, SeQual Eclipse, SeQual SAROS, VBox Trooper

iv) Users may transport and operate medical devices such as personal ventilators, respirators, continuous positive airway pressure machine (CPAP), bilevel positive airway pressure machine (BiPap)

v) Users with disabilities requiring special assistance not included in this section, including wheelchair accommodations, are required to notify BlackBird at least 48 hours prior to travel

  • (1) BlackBird will coordinate with aircraft providers to make every effort to accommodate special needs including determining
  • (a) If the size and weight limitations of the aircraft being leased will present potential safety hazards to the user with the disability
  • (b) If a disability may present a safety hazard to the aircraft, crew, and/or other Users

vi) Users traveling with service animals should notify BlackBird at least 48 hours in advance to ensure the animal’s weight and size can be physically accommodated on the aircraft being leased

5. Baggage

a) General

i) Users agree to follow weight restrictions and carry on baggage requirements

ii) Oversized baggage (e.g., musical instruments, skis, sports equipment etc) will need to be approved prior to flight

iii) Pilots have the responsibility to limit extra baggage and weight not confirmed with BlackBird prior to departure when it poses a safety risk

iv) BlackBird, the pilot, and/or aircraft owner is not responsible for loss or damage to baggage and personal belongings that result from non-disclosure, non-compliance with baggage requirements, manufacturers defects, improper packing by User (e.g. fragile items, overpacking, etc)

b) Firearms and Weapons

i) Users are not allowed to carry or have on their person items that are considered weapons specifically, but not limited to, firearms, knives, box cutters, mace/pepper spray

ii) Firearms and ammunition must be declared 48 hours prior to flight and accepted for travel by the pilot in command. Once approved, unloaded firearms and ammunition may be carried separately, in individually locked ammunition container(s) in accordance HR218/LEOSA

c) Hazardous Materials

i) Users may not transport hazardous materials. This includes all classes of hazmat (class 1 - 9):

  • (1) Explosives, Gases, Flammable and Combustible Liquids, Flammable Solids, Oxidizing Substances, Organic Peroxides, Toxic Substances and Infectious Substances, Radioactive Materials, Corrosives, Miscellaneous Hazardous Materials.
  • (2) User Guidance from FAA

d) Pets

i) Pets (dogs and cats) will be accepted on a case-by-case basis and is dependent on pilot and aircraft provider approval

ii) During flight pets need to be under the owner’s control in a pet carrier and/or properly restrained on the floor of the aircraft

iii) Owners will be responsible for ensuring pets do not pose a threat to Users, crew, or the operation of the aircraft and are current and up to date on vaccines

6. Ground Transportation

a) User is responsible for all ground transportation associated with original travel departure and arrival locations

b) Transportation will be coordinated by BlackBird to new departure and/or arrival locations if there are unanticipated changes to the original departure and arrival locations

7. Changes, Cancellations, and Refunds

a) General

i) BlackBird is not responsible for delays or cancellations due to Force Majeure

ii) See entire cancellation policy here

8. Refusal to Transport

a) Users who violate these terms and conditions and/or present as a safety or security hazard to themselves, Users, crew, or the aircraft, may be refused transportation by Users acting as the Operator, and/or the pilot in command. This includes, but is not limited to:

i) Persons with a communicable disease or infection

ii) Persons who refuse to comply with requirements and crew instructions

iii) Persons with a disability, traveling without an attendant, who is

  • (1) mentally unable to comprehend and respond to safety instruction;
  • (2) has a severe mobility impairment making them unable to assist themselves in evacuating in an emergency;
  • (3) has severe hearing and vision impairments and cannot communicate with crew