User Terms & Conditions

February 26, 2019

User Terms & Conditions


General

  • Users understand and agree that by using BlackBird’s platform they agree to the terms of use and privacy policy.
  • Users understand and agree that BlackBird’s platform provides an online aviation marketplace and BlackBird is not an FAA certified direct or indirect air carrier, does not own, maintain, or operate aircraft, and does not directly employ pilots.
  • Users have the option to select and hire a pilot as an independent contractor from a list of pilots that are qualified and available to operate the selected aircraft
  • User understands that pilots in the BlackBird marketplace are not directly employed by BlackBird
  • Users can review the Pilot Agreement here
  • 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
  • Users traveling via partners (e.g., JetSuiteX), are subject to follow the conditions in the Contract of Carriage
  • In the event that Users violate these terms and conditions, BlackBird has the authority to remove them from the BlackBird Marketplace

Aircraft Leasing Requirements

  • Users renting aircraft accept operational control during their dry lease as outlined in the aircraft lease agreement. With respect to all flights conducted, operational control means the exercise of authority over initiating, conducting or terminating a flight
  • Pilots hired by Users to operate flights maintain the responsibility and authority of the flight and may be delegated operational duties and decisions
  • Users can review the Aircraft Lease Agreement here
  • Users renting aircraft will not sell extra seats for compensation or advertise open seats

Community Flights

  • Additional Users joining the renter of the aircraft on a community flight:
  • Will not compensate the User leasing the aircraft
  • Do not have operational control of the trip
  • May be charged platform fees for using the BlackBird marketplace to join a flight
  • Users can review the Community Flight Agreement here

Hazardous Materials

  • Users may not transport hazardous materials. This includes all classes of hazmat (class 1 - 9):
  • Explosives, Gases, Flammable and Combustible Liquids, Flammable Solids, Oxidizing Substances, Organic Peroxides, Toxic Substances and Infectious Substances, Radioactive Materials, Corrosives, Miscellaneous Hazardous Materials.
  • User Guidance from FAA

User Requirements

  • Users need to have a valid government issued ID; name on manifest needs to match presented identification
  • Users may not transport illegal drugs
  • Users may not be intoxicated or under the influence of drugs and alcohol during the flight; pilots reserve the right to refuse transportation to Users determined to be intoxicated or under the influence
  • In accordance with 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
  • Smoking during the flight is not allowed
  • For safety and security, Users may be subject to search of person or personal items
  • Users and baggage must not exceed the load requirements of the aircraft

Seats, Seatbelts/Shoulder Harness

  • In accordance with 14 CFR 91.107, all Users are required to sit in an approved seat with a seatbelt/shoulder harness properly secured during taxi, take-off, and landing
  • The size and length of seatbelts will vary between aircraft; Users requiring a seatbelt extension must provide their own

Infants and Children

  • 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.
  • The following detail the FAA requirements for an approved child restraint devices:  
  • 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”;
  • Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:
  • “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and
  • “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT” in red lettering;
  • Seats that are not labeled as required above must be marked or labeled with the following information:
  • The seat was manufactured under the standards of the United Nations;
  • The seat has the approval by a foreign government
  • CARES restraint device
  • Booster seats, vests, harnesses, and restraints such as baby carriers and baby slings/wraps are not approved child restraint devices
  • Children occupying an approved child restraint device must sit in a forward facing seat during taxi, takeoff, and landing

Infants and Children 0-2

  • Infants and children 0-2 need to be authorized to fly by the pilot in command. Once approved:
  • Newborns under 7 days old require a letter from their physician authorizing their travel
  • 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
  • Infants, between the ages of 0-2 are required to have proper ear protection during flight
  • We allow children between 14 - 18 to travel unaccompanied without an adult or guardian

Users with Disabilities

  • 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
  • Medical oxygen tanks are not allowed for transport
  • Users may transport and operate an approved portable oxygen concentrator (POC); POC must be properly stowed for taxi, take-off, and landing
  • The following are approved POCs:
  • 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
  • Users may transport and operate medical devices such as personal ventilators, respirators, continuous positive airway pressure machine (CPAP), bilevel positive airway pressure machine (BiPap)
  • Users with disabilities requiring special needs not included in this section, including wheelchair accommodations, are required to notify BlackBird at least 48 hours prior to travel. BlackBird will make every effort to accommodate Users needing assistance in accordance with the size and weight limitations of the rented aircraft and potential safety hazards a disability may present to the aircraft, crew, and other Users
  • Users traveling with service animals should notify BlackBird at least 48 hours in advance to ensure the animal’s weight and size can physically be accommodated on the aircraft being leased

Baggage

  • Users agree to follow weight restrictions and carry on baggage requirements
  • Oversized baggage (e.g., musical instruments, skis, sports equipment etc) will need to be approved prior to flight
  • Pilots have the responsibility to limit extra baggage and weight not confirmed with BlackBird prior to departure when it poses a safety risk
  • 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)

Firearms and Weapons

  • 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
  • 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 cases

Pets

  • Pets (dogs and cats) will be accepted on a case-by-case basis and is dependent on pilot and aircraft lessor approval
  • Pets that are accepted must be non-aggressive. During flight they need to be properly secured and/or restrained and seated or placed on the floor of the aircraft
  • 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

Ground Transportation

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

Changes, Cancellations, and Refunds

  • BlackBird is not responsible for delays or cancellations due to weather and acts of God
  • Users are required to be at the assigned departure airport and location, available for check-in by pilot at least 15 minutes prior to departure; late and no-show Users may not be subject to a refund
  • In the event of a cancellation due to an aircraft mechanical, or crew issue, BlackBird will assist User in re-scheduling through the BlackBird marketplace and/or facilitate a partial or full refund
  • Users denied boarding for reasons listed in the “Refusal to Transport” section of this agreement may not be eligible for refunds

Flexible Cancelation Policy

  • Cancel within 24 hours of booking for a full refund provided the cancellation request is being made at least 72 hours prior to departure.
  • Cancel at least 72 hours prior to departure for a BlackBird Credit for the full ticket price paid.
  • Within 72 hours of departure, bookings are final and not eligible for a refund or credit.
  • Change fees may apply with our partners

Standard Cancelation Policy

  • Flight itinerary is locked in and no longer eligible for a refund or credit once one empty seat has been filled.
  • If empty seats remain unused within 24 hours of booking, your cancellations are eligible for a full refund provided it's requested more than 72 hours before departure.
  • If empty seats remain unused, you will receive BlackBird credit for the full ticket price paid for all cancellations made at least 72 hours prior to departure.
  • Within 72 hours of departure, bookings are final and not eligible for a refund or credit

Refusal to Transport

  • 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 BlackBird and/or the pilot in command. This includes:
  • Persons with a communicable disease or infection
  • Persons who refuse to comply with requirements and crew instructions
  • Person with a disability, traveling without an attendant, who is
  • mentally unable to comprehend and respond to safety instruction;
  • has a severe mobility impairment making them unable to assist themselves in evacuating in an emergency;
  • has severe hearing and vision impairments and cannot communicate with crew