VICUNA AIR LIMITED

1. General

Vicuna Air Limited ("Vicuna Air," "we," "us," "our") provides luxury, pet-inclusive air travel on a pay-per-seat basis using private jet aircraft, allowing dogs and cats and domestic pets to travel in the cabin. When you purchase a seat on a Vicuna Air flight, you enter into a binding contract, and both parties have specific rights and obligations as described below.

Unless expressly stated otherwise in your itinerary or contract, your flight is offered and sold as a Public Charter under 14 CFR Part 380 (the "Public Charter Regulations"). Under this framework, Vicuna Air acts as the Public Charter Operator and contracts with a licensed direct air carrier to operate the flights; Vicuna Air does not own or operate any aircraft.

This Participant Contract (this "Contract") is incorporated into and form part of your booking confirmation. In the event of conflict, the Participant Contract and applicable law will govern rights mandated by Part 380, including refunds from escrow or surety and major-change rights. The price of your trip, dates of the outbound and return flights, origin and destination cities, and other conditions are specified in the applicable Vicuna Air itinerary, and your accepted reservation and are incorporated herein by reference. Unless otherwise specified, the price includes only air transportation.

2. Reservations and Payments

Reservations are made directly with Vicuna Air. Submitting a reservation request does not create a confirmed booking. Your booking is confirmed only after: (a) we complete our review of passenger identity and pet details; and (b) we issue written acceptance and receive full payment into the protected account identified below.

All reservations are one way only.

If everything meets Vicuna Air's requirements, you will be notified that your payment has been accepted and you are cleared to travel; however, please refer to the cancellation sections for applicable cancellation terms. Until full payment has been received, you do not have a confirmed reservation. If there is an issue with your travel details, you will receive an email notification advising that your reservation was not accepted, and any funds transmitted will be returned from the Protection Instruments.

Your payment is transmitted directly to Vicuna Air's public charter depository (escrow) account: Huntington Bank, Columbus OH, C/O Avitrust Partners LLC, 2021 Fillmore Street Suite 2007, San Francisco, California 94115. As required by Part 380, all customer payments are held in a charter depository account (escrow) or protected by a surety instrument (together, the "Protection Instruments"). If Vicuna Air becomes unavailable, you may submit a claim directly to the depository or surety within the period stated in Part 380.

3. Air Transportation

Vicuna Air flights are operated by Talon Air, or a similarly situated air carrier, using Gulfstream G-IV/G-IVSP/G-V aircraft seating up to ten (10) passengers or similar aircraft; although aircraft type, interior configuration, and routing may vary. We reserve the right to substitute another duly licensed carrier or change the aircraft type, capacity, and routing; no refund will be given for such substitutions or changes. Additionally, subject to the provisions governing "Major Changes," Vicuna Air reserves the right to change the form of service from charter flight to scheduled flight and vice versa. Consumer protections afforded to Public Charter passengers apply only to those passengers who actually travel on a Public Charter flight; passengers who travel on scheduled flights will receive only the consumer protections applicable to scheduled service.

Tickets issued or procured by Vicuna Air are neither endorsable to other carriers nor usable on other routes of the same carrier. Flight dates and times are not guaranteed, and the operating air carrier may be substituted at our discretion. These variations do not entitle you to a refund unless they constitute a Major Change. The core service is transportation of you and any approved pets between the stated origin and destination under the Public Charter framework. Supplemental amenities such as Wi-Fi, bar service, catering, and entertainment are not essential features of the service and are not guaranteed by Vicuna Air. Crew may decline alcohol service to any passenger at their sole discretion.

4. Check-In Information

Please refer to your itinerary or flight brief for check-in details. You must present yourself for check-in no later than sixty (60) minutes before scheduled departure. If you are not present at the boarding area at least thirty (30) minutes prior to scheduled departure, you will be considered a "no-show," and your seat may be released. In such event, neither Vicuna Air nor the operating air carrier shall be responsible or liable for your transportation. Please refer to the cancellations section for additional information on no-shows.

5. Cancellations and Major Changes

6. Passenger Cancellations and Changes

If you cancel or change a reservation, or if you "no-show" for a flight, your right to a refund is limited as follows: All reservations are non-refundable if you cancel or change your booking, including during our review period, unless we refuse or decline your reservation. If you no-show for a flight, this will be treated as a passenger cancellation, and no refund will be due to you. You may request a substitute passenger and pet subject to Vicuna Air's approval and compliance vetting; an administrative fee may apply.

7. Baggage Allowance and Liability

Each seat includes a standard baggage allowance of 50 lbs (23 kg) plus one small soft-shell personal item in the cabin, such as a purse, laptop bag, or compact rucksack. Oversize or overweight pieces are carried subject to load restrictions and may incur additional charges. TSA regulations permit passengers to bring one small bag of liquids, aerosols, gels, creams, and pastes through the checkpoint with carry-on baggage, limited to 3.4 ounces or less per container.

Vicuna Air and the operating air carrier do not accept liability for lost, delayed, or damaged baggage beyond what is required by applicable law or international treaty, including, where applicable, the Montreal or Warsaw Conventions.

8. Responsibility and Liability

Vicuna Air is the principal and is solely responsible for making arrangements to provide the services included in your trip. The operating air carrier and other service suppliers and providers are independent contractors and not Vicuna Air's agents or employees. Except as required by law, Vicuna Air is not liable for the acts or omissions of the operating air carrier or any such service supplier or provider. International carriage may be subject to the Montreal or Warsaw Conventions; where applicable, those regimes and any local implementing statutes govern liability and limits.

You hereby agree that, except as otherwise provided herein, Vicuna Air is not responsible or liable for any loss, injury, expense, damage to property, or personal sickness, injury, or death to you or any animal you transport on a flight that results directly or indirectly from: (a) an act or omission of any air carrier or other service supplier or provider; or (b) any other cause or act beyond the direct and immediate control of Vicuna Air. You are responsible for any damage to the aircraft caused by you or any animal you transport on a flight, and you shall indemnify and hold harmless Vicuna Air from any such damage.

Except as otherwise specified herein, in the event of non-operation of any flight due to reasons beyond the control of Vicuna Air, Vicuna Air's sole liability shall be to refund to you that portion of the price allocable to the services not provided. Under no circumstances shall Vicuna Air be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages in connection with this agreement, whether in contract or tort (including strict liability and negligence), including loss of revenue, loss of use, or anticipated profits.

9. Identification and Travel Documents

Upon booking, you must submit a copy of your government-issued photo identification and bring this identification with you on the day of travel. This document must match the passenger manifest exactly. Failure to provide correct identification will lead to a delayed departure or denial of boarding. Please ensure that you have appropriate identification and all required travel documents ready when you check in.

Vicuna Air shall not be liable for any damage, loss, expense, or other irregularity caused by your failure to provide correct identification and travel documents. You are responsible for obtaining all necessary travel documents, including passports, visas, tourist cards, immunization certificates, and any other required documents, and for complying with the laws of each country from, through, or to which you receive transportation. You agree to indemnify Vicuna Air for any loss, damage, or expense suffered or incurred by reason of your failure to comply with this section.

10. Security Compliance

You must comply with all applicable TSA, FAA, UK CAA, and ICAO regulations regarding prohibited items and pack-safe rules. Vicuna Air and the operating air carrier will enforce these regulations, and passengers should review TSA and FAA pack-safe resources prior to travel.

Vicuna Air maintains a zero-tolerance policy for illegal drugs and smuggling. Possession, attempted transport, or facilitation of illegal substances is prohibited. We may inspect baggage, deny boarding, and notify authorities. Flights may be diverted or returned to facilitate removal or reporting where required by law.

11. Force Majeure

Vicuna Air shall have no liability or responsibility for any failure or delay in the performance of its obligations under this agreement due directly or indirectly to Force Majeure. "Force Majeure" includes events beyond our reasonable control, including but not limited to: acts of God, severe weather, pandemics or epidemics, crew illness, war, terrorism, civil commotion, governmental actions or restrictions, sanctions or embargoes, strikes or labour disputes, airport closures, air traffic control restrictions, utility failures, fires or explosions, aircraft damage or unscheduled maintenance, and supplier non-performance.

If a flight cannot be performed or completed due to a Force Majeure event, Vicuna Air's sole obligation will be to refund you any amount of money paid in connection with such cancelled flight in accordance with this Contract. Notwithstanding the foregoing, Vicuna Air will not cancel a trip less than twenty-eight (28) days before departure except for circumstances that make it physically impossible to perform the trip.

12. Pet Safety Requirements

All passengers must travel with, and have immediate access to, a muzzle suitable for their dogs at all times. The muzzle must be presented at check-in and must be worn by the passenger's dogs if requested by a Vicuna Air representative or by the flight crew, whether before boarding or in flight. Passengers must comply with this instruction for the safeguarding of their dog and others; failure to comply will result in denied travel without refund.

If your dog is noted as assertive or aggressive at the booking stage, Vicuna Air will contact you by email to obtain additional information and may require a subsequent travel suitability assessment, carried out by a veterinarian or Vicuna Air's pet partner at the passenger's sole cost and expense. Dogs must always be on a leash, including within the airport terminal and onboard the aircraft. Cats must travel and remain in their carriers at all times.

13. Pet Documentation for Travel

If the destination you are travelling to requires pet travel documentation to enter, obtaining such documentation is the full responsibility of the owner. Vicuna Air can refer you to resources on what is required, as well as refer you to preferred pet partners, but compliance with all laws and completion of any paperwork is the full responsibility of the owner. Vicuna Air shall not be liable for any damage, loss, expense, or other irregularity caused by providing such resources and referrals or by your failure to know, understand, and comply with any applicable laws relating to required pet travel documentation.

Vicuna Air will request, at various stages before departure, copies of the required pet travel documentation, and, where applicable, these will be sent to the relevant authorities for pre-departure approval. Failure to supply correct pet travel documentation will result in denied travel, and no refund will be due. You agree to indemnify Vicuna Air for any loss, damage, or expense suffered or incurred by reason of your failure to comply with this section.

14. Unaccompanied-Pet Transport "Biscuit Class"

Vicuna Air may transport pets without their owner present ("Biscuit Class" service). During transport, Vicuna Air acts in loco parentis, exercising reasonable care and discretion for pet welfare, including hydration guidance, crate adjustments, comfort handling pre-boarding, and emergency veterinary care without prior approval if deemed necessary. The pet's legal and financial liability remains with the owner at all times. The owner is responsible for behavior, property damage or injury, regulatory compliance, border denial, quarantine, and all associated costs. If the pet is unsafe, distressed, or documentation is deficient, Vicuna Air may deny transport; no refund is due.

15. Notices

All communications should be sent to Vicuna Air at Hangar 4, West Raynham Airfield, Fakenham, NR21 7PL, UK, or by email to fly@vicunaair.com. Notices to Vicuna Air are effective upon actual receipt.

16. Operational Control

The direct air carrier shall be responsible for the operation of the aircraft and the safe performance of each flight and shall retain full operational control and possession of the aircraft. The captain of the aircraft has absolute discretion as to when and whether any flight should be undertaken, when and whether the aircraft should be landed, and whether to refuse to transport any passenger, baggage, animal, or cargo.

The passenger agrees to accept all decisions made by the captain and hereby waives all claims against the operator, Vicuna Air, and their respective servants and agents for any loss, damage, or costs of any nature arising from such decision, whether in contract, tort, or otherwise, except that Vicuna Air's sole liability shall be to refund to you that portion of the price allocable to the services not provided in accordance with this Contract. In the event that you are refused entry at any arrival airport, you shall indemnify and keep indemnified Vicuna Air against any and all liabilities, costs, expenses, damages, and losses incurred by Vicuna Air in respect of any arrangements made by the air carrier or Vicuna Air to return you to the country from which you were originally carried.

17. Sanctions, Anti-Money Laundering, and Legality

You hereby represent, warrant, and agree that: (i) you are not a sanctioned individual, specially designated national, blocked person, or otherwise the subject or target of any economic, export, or trade sanction law or regulation or travel ban, and are not designated as a terrorist, foreign terrorist organization, proliferator of weapons of mass destruction, narcotics trafficker, or any other similar designation that would prohibit you from transacting with Vicuna Air under applicable law; (ii) you will promptly notify Vicuna Air in writing should you know, or have reason to know, of any change or potential change in status under this provision; (iii) funds paid to Vicuna Air by you are not derived from illegal acts; and (iv) Vicuna Air may be required by law to block, freeze, or remit funds, which it will do without liability to you.

18. Insurance

Trip cancellation, health, and accident insurance is available for purchase by all passengers from third-party vendors. Options for such insurance can be provided upon request.

19. FAQs Incorporated by Reference

The operational rules and procedures set out in Vicuna Air's published FAQs, including pet eligibility, documentation, crate handling, airport processes, unaccompanied-pet rules, behaviour standards, and check-in guidelines, are incorporated by reference into this Contract and are binding. Updated FAQs apply to future bookings; for existing bookings, Vicuna Air will notify passengers of any material FAQ changes that affect their itinerary.

20. Applicable Law and Jurisdiction

This Contract and any non-treaty disputes are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, subject to any non-waivable consumer protection rights. If the operating air carrier publishes its own Contract of Carriage, it may specify a different governing law for matters arising under that contract; the air carrier may be designated as an intended third-party beneficiary of this Contract for operational and safety enforcement.

21. Assignment

You may not assign or transfer your rights or obligations under this Contract or any booking without Vicuna Air's prior written consent. Any attempted assignment without consent is void. Neither party may assign this Contract without the express written consent of the other party.

22. Miscellaneous

Vicuna Air reserves the right to amend this Contract from time to time for compliance or operational reasons. For existing bookings, material adverse amendments will be notified to you and will not reduce rights mandated by Part 380. The rights and remedies made available under this Contract are in addition to any other rights or remedies available under applicable law; however, acceptance of a refund furnished under this Contract shall constitute a waiver of such other rights and remedies.

This Contract, your booking confirmation, itinerary, and incorporated FAQs constitute the entire agreement between you and Vicuna Air regarding your public charter seat purchase.

23. Amenities