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, cats and other approved 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 this 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 forms 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 each one-way flight sector, its departure date, origin and destination cities, and other conditions are specified in the applicable Vicuna Air Itinerary and your accepted reservation, both of which are incorporated herein by reference. Unless otherwise specified, the price includes only air transportation. Where your Itinerary or Booking Confirmation expressly includes a Vicuna Waypoints service, the Waypoints service and the price attributable to it will be separately identified. A destination served through Vicuna Waypoints is a surface-transport destination connected with your journey and is not, unless expressly stated otherwise, the origin or destination city of the relevant Public Charter flight sector.

1.1 Owner Responsibility

As the owner of any pet you bring on a Vicuna Air flight, you retain overall legal and financial responsibility for that pet at all times, including responsibility for its behaviour, health conditions, documentation, regulatory compliance, and any costs or liabilities arising from them. Where Vicuna Air has physical custody of an unaccompanied pet under Section 15 (Unaccompanied-Pet Transport “Biscuit Class”), Vicuna Air assumes only the limited duty to exercise reasonable care expressly set out in that Section, and any liability of Vicuna Air arising from that duty is governed by Section 9. Except for that limited duty, the provisions of this Contract do not transfer or diminish your ultimate responsibility for your pet as its owner.

1.2 Definitions

In this Contract:

• “Assistance Dog” means a dog trained by a recognised assistance dog organisation to perform specific tasks for a disabled person within the meaning of the Equality Act 2010, and does not include an animal provided for emotional support or comfort that has not undergone such training.
• “Biscuit Class” has the meaning given in Section 15.
• “Booking Confirmation” means Vicuna Air’s written acceptance of your booking, as described in Section 2.
• “Calming Medication” has the meaning given in Section 15.1.
• “Contract” has the meaning given in Section 1.
• “day of travel” means, for each flight sector, the twenty-four (24) hours before its scheduled departure, ending when it departs.
• “FAQs” means Vicuna Air’s published frequently asked questions, incorporated by reference under Section 19.
• “FBO” means a fixed-base operator, being the private aviation terminal facility used for departure, arrival, or ground handling at an airport.
• “First Notice” has the meaning given in Section 3.4(b).
• “Force Majeure” has the meaning given in Section 7.1.
• “Goodwill Amenities” has the meaning given in Section 7.8.
• “Itinerary” means the document issued by Vicuna Air specifying the details of your flight, as described in Section 1.
• “Major Change” has the meaning given in Section 7.4.
• “No-show” has the meaning given in Section 6.
• “Operating Air Carrier” means Talon Air or any other duly licensed direct air carrier operating your flight, as described in Section 4.
• “Pet Welfare & Travel Policy” means Vicuna Air’s published policy document of that name, incorporated by reference under Section 19.1.
• “Prohibited Breed” means a breed or type of dog identified as prohibited in the breed list set out in the Pet Welfare & Travel Policy, as that list may be amended from time to time in accordance with Section 19.1.
• “Protection Instruments” has the meaning given in Section 2.
• “Public Charter Regulations” has the meaning given in Section 1, and is also referred to in this Contract as “Part 380.”
• “Screened Breed” means a breed or type of dog identified as a Screened Breed in the breed list set out in the Pet Welfare & Travel Policy, as that list may be amended from time to time in accordance with Section 19.1.
• “Vicuna Air,” “we,” “us,” and “our” have the meaning given in Section 1.
• “Vicuna Concierge” means the member of cabin crew provided by Vicuna Air who is trained in pet handling and welfare, as described in Section 15.1.
• “Waypoints” has the meaning given in Section 4.2.

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 (a travel-suitability assessment, refusal or cancellation under Section 13 may take place after confirmation; it does not make this review incomplete, and Section 3.4 applies to it); and (b) we issue written acceptance and receive a deposit of fifty per cent (50%) of the fare in full into the protected account identified below.

Each flight sector is booked as a separate one-way reservation, even where outbound and return sectors are purchased or confirmed together. Each sector is treated independently for cancellation, delay, change, denial of boarding, and refund purposes unless this Contract expressly provides otherwise.

The balance of your fare must be received in full no later than sixty (60) days before your scheduled departure date. You will not be cleared to travel until this balance has been received. If the balance is not received by this date, Vicuna Air may treat the affected seat or seats as cancelled by you and release them for resale under Section 3.3. You remain liable for the outstanding balance regardless, as set out in the Payment Obligation below. Your deposit is refundable only to the extent expressly provided in this Contract. If, before your booking is confirmed, Vicuna Air receives notice of a reason of the kind listed in Section 3.4(a), or finds any other issue with your reservation, you will receive an email notification advising that your reservation was not accepted, and any funds transmitted will be returned from the Protection Instruments. Once your booking is confirmed, a reason of that kind is dealt with under Section 3.4 instead.

Your deposit and balance payments are both 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, including both deposit and balance, 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.

2.1 Payment Obligation

Once your booking becomes non-refundable under Section 3.1 (ninety (90) days or fewer before departure), your obligation to pay the full fare for that booking becomes unconditional, and nothing relieves you of that obligation except to the extent this Contract expressly provides for a refund. This obligation continues even if you have not paid the balance described in Section 2, whether or not Vicuna Air has exercised its right under that Section to treat your seat as cancelled and release it for resale.

2.2 Age Requirements

The person making a booking and entering into this Contract must be at least eighteen (18) years of age. No passenger under the age of ten (10) may travel on a Vicuna Air flight, whether accompanied or unaccompanied. Every passenger under the age of eighteen (18) must travel with, and be seated with, a parent or legal guardian who is also travelling on the same flight; Vicuna Air does not offer an unaccompanied minor service. Vicuna Air may request evidence of age, or of the relationship between a passenger and their accompanying parent or guardian, at any time before or during travel. Failure to satisfy this Section will result in denied boarding, and Section 3.4 applies.

3. Passenger Cancellations and Changes

3.1 Cancellations, Changes, and No-shows

The relevant exclusions and limitations in Section 7 (Delays, Cancellations, and Major Changes), including the exclusions relating to onward travel and future arrangements, apply to cancellations, changes, and No-shows initiated by you under this Section 3.

If you cancel all or part of a booking more than ninety (90) days before the scheduled departure of the affected flight sector, the cancelled seat or seats are refundable, and Vicuna Air will refund the amounts paid in respect of that seat or those seats within fourteen (14) days of your cancellation. This refund is not conditional on Vicuna Air reselling the released seat or seats.

If you cancel all or part of a booking ninety (90) days or fewer before the scheduled departure of the affected flight sector, the cancelled seat or seats are non-refundable except to the extent a refund later becomes due under Section 3.3. The full fare for each cancelled seat remains payable, and any unpaid balance becomes immediately due and payable upon cancellation. Where only some seats within a multi-seat booking are cancelled, the remaining seats stay confirmed and are unaffected.

Your booking is also refundable at any time if we refuse or decline your reservation during our review period, which ends when your booking is confirmed. If you No-show for a flight without cancelling in advance, you remain liable for the full fare, no refund will be due, and the resale mechanism in Section 3.3 will not apply.

At Vicuna Air’s discretion, an approved substitute passenger or pet may use the existing booking subject to vetting. Substitution is not cancellation or resale, creates no refund or Section 3.3 rights, and leaves the original booking holder responsible for the fare, fees, and all contractual obligations and liabilities arising from the substitute; any reimbursement between them is private.

3.2 Date Changes Within Ninety (90) Days of Departure

Notwithstanding the foregoing, if you need to change your flight date within ninety (90) days of your scheduled departure, being the period during which your booking is otherwise non-refundable, Vicuna Air will transfer your booking to an alternative flight date upon payment of a change deposit of seven hundred and fifty US dollars ($750). The change deposit is charged once per booking, irrespective of the number of seats transferred. Before Vicuna Air confirms a date change requested within this ninety (90)-day period, the full outstanding fare for the original booking must be paid in full, in addition to the change deposit. Once a booking has entered the ninety (90)-day non-refundable period, changing the flight date does not reset the cancellation period or restore any right to a refund; the transferred booking remains non-refundable even if the replacement flight is more than ninety (90) days away.

The change deposit is refundable in full only if all seats released by the date change are subsequently treated as successfully resold under Section 3.3. If fewer than all of those released seats are successfully resold, no part of the change deposit is refundable. Vicuna Air gives no guarantee that any released seat will be resold.

Where the fare for the replacement flight is higher than the fare originally paid, you are responsible for the difference; where the fare is lower, no refund of the difference is due. All date changes are subject to seat availability, aircraft capacity, compliance vetting of you and any accompanying pets, and your ability to satisfy the pet documentation requirements applicable to the new departure date and, where relevant, the new route.

3.3 Resale of Released Seats

This subsection applies only to seats released from bookings that are already within the ninety (90)-day non-refundable period, whether because of an advance passenger cancellation, a date change, or a failure to pay the balance in accordance with Section 2. It does not apply to a cancellation made more than ninety (90) days before departure, which is refundable under Section 3.1, or to a No-show.

Vicuna Air has no obligation to market or attempt to resell any released seat. A released seat will not be treated as resold while any ordinary, never-booked seat inventory remains available on the same flight. Ordinary unsold inventory must be sold first.

Once ordinary inventory has sold out, all seats released under this subsection will be placed in a single chronological queue in the order in which they were released. Additional qualifying sales will be allocated to released seats in that order. Where multiple seats within a booking are cancelled, each cancelled seat is treated separately for this purpose.

A released seat is successfully resold only when a replacement booking is confirmed, Vicuna Air has received the full replacement fare, and that replacement fare is no longer refundable under the ordinary cancellation terms. A provisional reservation or a replacement booking that remains fully refundable does not constitute a successful resale.

If a cancelled seat is successfully resold, the net amount received by Vicuna Air from the qualifying resale, after payment-processing, merchant, refund, commission, or similar transaction costs attributable to that replacement sale, will be credited against the original passenger’s total fare liability for that seat. The passenger remains liable for any shortfall between the original fare and the net resale amount. If the credit exceeds the unpaid balance, the excess will be refunded to the passenger, up to the amount already paid for that seat. The passenger is not entitled to any amount by which the replacement fare exceeds the original fare. Any refund will be made within fourteen (14) days after the qualifying resale becomes final.

3.4 When You Cannot Travel

(a) This Section applies to each person or pet on your booking who, after your booking is confirmed, cannot travel on a flight sector, or is refused boarding, carriage or entry, because of one of the reasons below. A reason exists only once it is final: a pending application, a request for information or evidence, or an issue we highlight under Section 11 is not a reason until the relevant authority refuses, the time we set for providing the information or evidence passes, or it is still unresolved when the person or pet is due at the boarding area under Section 6 (or, for a Biscuit Class pet, at the handover time stated in your Itinerary or flight brief). The reasons are:

• (i) identification or travel documents that are missing, incorrect or do not match the passenger manifest (Section 10);
• (ii) a refusal or revocation of a visa or travel authorisation for any person, or of an entry permission, import permit or pre-clearance for any person or pet, or a failure to grant any of them in time for the person or pet to board, by the Operating Air Carrier when pre-clearing travel documents, or by US Customs and Border Protection or any other customs, immigration or border authority (Section 10);
• (iii) age requirements (Section 2.2);
• (iv) pet travel documentation (Section 11);
• (v) pet safety requirements under Section 13 or Section 13.3, including a dog’s breed or type (assessed by its appearance and characteristics), muzzle, leash, harness, carrier, species approval, travel-suitability assessment and pet insurance requirements;
• (vi) a pet’s safety, distress, documentation or Calming Medication requirements under Section 15 or Section 15.1;
• (vii) security requirements, prohibited items or illegal substances (Section 12); or
• (viii) a decision of the captain under Section 5 arising from the conduct, condition or compliance of any person or pet on your booking.

(b) The “First Notice” is the first notice of the reason that Vicuna Air receives, whether from you, from the Operating Air Carrier, from an authority or otherwise. Subject to paragraph (c), if Vicuna Air receives the First Notice before the day of travel, each affected seat is treated as cancelled by you under Section 3.1 on the date of the First Notice, and that date decides which part of Section 3.1 applies. If the First Notice did not come from you, we will tell you in writing within two (2) working days (Monday to Friday, excluding bank holidays in England). Unless you ask under paragraph (c), the seat is released for Section 3.3 at the end of the period for asking under paragraph (c), and any refund due under Section 3.1 is made within fourteen (14) days after the end of that period, instead of within the period in Section 3.1.

(c) Within seven (7) days after the First Notice, or after we tell you of it if later, and in any case before the scheduled departure, you may instead ask us in writing to change your flight date under Section 3.2 or to substitute another passenger or pet under Section 3.1. A date change asked for under this paragraph is made on the terms of Section 3.2, whether or not the request is made within the ninety (90)-day period. If the change or substitution is not confirmed by us in writing within fourteen (14) days after your request, or before the scheduled departure if sooner, for any reason (including because we decline it, no suitable date or substitute is available, or you do not complete it or pay what Section 3.2 requires), the cancellation under paragraph (b) takes effect on the date of the First Notice. Any refund then due is made, instead of within the period in Section 3.1, within fourteen (14) days after the request is declined or lapses, and for Section 3.3 the seat is released on that date. If the change or substitution is confirmed, paragraph (b) does not apply to that seat.

(d) If Vicuna Air receives the First Notice on or after the day of travel, or the person or pet is refused at check-in, at the FBO, at boarding or after departure because of a reason of which Vicuna Air had not received notice before the day of travel, each affected seat is treated as a No-show: no refund is due, Section 3.3 does not apply, and the full fare remains payable. This applies even if you knew of the reason earlier but did not tell us. A seat already treated as cancelled under paragraph (b) stays cancelled under that paragraph.

(e) Paragraphs (b) to (d) apply only to the seat of each person, and to each pet, that the reason prevents from travelling, and only to each flight sector it prevents; every other seat, pet and flight sector on your booking stays confirmed. A later flight sector is prevented only if the reason also applies to it or you tell us you will not use it. Where only a pet cannot travel: if the pet is booked on its own fare (including in Biscuit Class), only that fare is affected; if the pet travels on a person’s fare, that person’s seat stays confirmed, and if that person chooses not to travel, Section 3.1 or Section 6 applies to it in the ordinary way. In this Section, “seat” includes a pet’s own fare.

(f) Where your booking was transferred to a new date under Section 3.2 or paragraph (h) after it entered the ninety (90)-day period, or under Section 4.2, the transfer does not reset the ninety (90)-day period or create a refund right that was not available before it, and the date of the First Notice does not restore a refund. Where it was transferred earlier, Section 3.1 applies by reference to the new scheduled departure. Where the reason prevents a transfer offered under Section 4.2, Section 4.2 decides the outcome.

(g) After your booking is confirmed, a reason in paragraph (a) is not a refusal or decline of your reservation by Vicuna Air, a cancellation, Major Change or delay by Vicuna Air, a non-operation of a flight under Section 9, or a Force Majeure event, and an assessment, refusal or cancellation under Section 13 after confirmation does not reopen the review described in Section 2. This Section applies notwithstanding Sections 2, 2.1, 5, 7 and 9, except as set out in paragraphs (h), (i) and (k).

(h) This Section does not apply where: (1) the flight sector itself is cancelled by Vicuna Air, or does not operate, for any reason other than a reason in paragraph (a) arising from a person or pet on your booking; (2) the reason arises from a restriction or decision that applies to the flight, the aircraft, the Operating Air Carrier, or all passengers or pets on the flight, such as a border or airspace closure or a refusal of pre-clearance for the flight; or (3) the reason arises only because of a Major Change, delay or other change to the flight made by Vicuna Air or the Operating Air Carrier. In cases (1) and (2), the refund or cancellation rights in Sections 7.1 to 7.5 and Section 9 apply instead. In case (3), if the change is a Major Change, you may cancel under Section 7.4. If the change is not a Major Change, or you do not cancel under Section 7.4, Vicuna Air will transfer each affected person and pet, and any person on whose fare an affected pet travels, to the next reasonably available Vicuna Air flight on the same flight sector on which the reason will not prevent travel, without an additional fare or change deposit, and no refund is due. If you do not accept the transfer in writing within seven (7) days after we offer it, or before the transferred flight departs if sooner, Section 3.1 applies as if you had cancelled on the date we offered it. If no such flight is reasonably available within sixty (60) days after the original scheduled departure, Vicuna Air will refund the fare paid for each affected seat (including the seat of any person on whose fare an affected pet travels) and flight sector within fourteen (14) days after we tell you so, and any unpaid part of that fare ceases to be payable. Where a seat has already been treated as cancelled under paragraph (b) and the flight sector itself is then cancelled by Vicuna Air or does not operate, the refund for that cancellation or non-operation applies to that seat, any unpaid part of the fare for that seat ceases to be payable, and the refund is reduced by any amount already refunded for that seat, including under Section 3.1 or Section 3.3.

(i) This Section does not apply where the refusal results from an error by Vicuna Air or the Operating Air Carrier in recording or submitting information you gave us correctly and on time. In that case, notwithstanding Sections 5, 9, 10 and 11, Vicuna Air will refund the fare paid for each affected seat and flight sector within fourteen (14) days after the refusal, any unpaid part of that fare ceases to be payable, and you are not required to indemnify Vicuna Air under Section 5, 10 or 11 in respect of it.

(j) Nothing in this Section reduces the refund in Section 19.1 or any right mandated by Part 380. Where the reason is that an amendment under Section 19.1 has made your dog a Prohibited Breed, paragraphs (b) and (c) do not apply to it, and you may cancel your booking under Section 19.1 with a full refund of the fare paid. If Vicuna Air did not notify you of the amendment before the day of travel and your dog is refused because of it, Vicuna Air will refund the fare paid for the affected seat (or, where your dog travels on a person’s fare, that person’s seat), and any unpaid part of that fare ceases to be payable. If you were notified of the amendment before the day of travel, did not cancel, and your dog is refused because of it, paragraph (d) applies.

(k) If Vicuna Air receives notice of the reason before your booking is confirmed, this Section does not apply: your reservation is not accepted and any money you have paid is returned under Section 2. If your booking was confirmed although the information you gave us at booking showed the reason, this Section does not apply either: notwithstanding Sections 2.1, 10 and 11, we will cancel each affected seat and return the money paid for it under Section 2 within fourteen (14) days after we identify the reason, and any unpaid part of the fare for that seat ceases to be payable. If you knew of the reason before your booking was confirmed and did not tell us, this Section applies from the date Vicuna Air actually receives notice of it.

4. Air Transportation

Vicuna Air flights are operated by Talon Air, or a similarly situated air carrier (the “Operating 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.

4.1 Ground Transportation

Where offered as part of your booking, ground transportation or chauffeur services are arranged by Vicuna Air but provided by an independent third-party provider, and are subject to availability. Any such provider is an independent contractor and not Vicuna Air’s agent or employee.

Except as required by law, Vicuna Air is not liable for the acts or omissions of any such third-party provider, including delay, cancellation, or failure to provide the service. Vicuna Air’s liability, if any, for its own act, omission, or negligence in arranging ground transportation is subject to the limitation set out in Section 9.

4.2 Vicuna Waypoints

Where expressly included in your Itinerary or Booking Confirmation, Vicuna Waypoints (“Waypoints”) is a surface-transport service arranged by Vicuna Air to connect you and your pet between a Waypoints destination and the relevant departure or arrival point for your Vicuna Air flight. A Waypoints journey may involve rail, ferry, coach, road transfer or another appropriate mode of surface transport. The planned route, mode of transport, provider and timing may be changed where reasonably necessary because of availability, operational conditions or disruption. Waypoints is not available as part of the Biscuit Class service.

Vicuna Air will exercise reasonable care and skill in arranging the Waypoints service, including allowing reasonable contingency time having regard to the journey concerned and the information reasonably available when the arrangements are made. If the planned transport is delayed, cancelled or otherwise disrupted, Vicuna Air will use reasonable efforts to identify and arrange a practical alternative by re-routing or rescheduling the planned journey, substituting another scheduled rail, ferry or coach service, or adjusting a road transfer already forming part of the Waypoints arrangements where reasonably available.

For the avoidance of doubt, Vicuna Air’s reasonable-efforts obligation does not require Vicuna Air to reserve duplicate or standby transportation in advance, arrange a new long-distance point-to-point road transfer as a substitute for a disrupted Waypoints service, procure scheduled or charter air transportation, or procure replacement transportation outside the categories described above. If no practical alternative within the scope of this Section is reasonably available, the transfer or refund provisions below will apply. Nothing prevents Vicuna Air from providing additional assistance in its discretion in accordance with Section 7.8 (Goodwill Amenities), but doing so does not create any continuing obligation or precedent.

Planned Waypoints timings are subject to operational change. No contingency arrangement can guarantee that a connection or arrival time will be achieved where the Waypoints journey is affected by circumstances outside Vicuna Air’s reasonable control. Such circumstances may include, without limitation, widespread rail, road or ferry disruption; severe weather; industrial action; governmental or border restrictions; closure or failure of transport infrastructure; supplier non-performance; or any other event which Vicuna Air could not reasonably have prevented or overcome.

If Vicuna Air identifies and offers a reasonable alternative arrangement within the scope of this Section, you must follow any reasonable instructions necessary to use that arrangement. If, without reasonable cause, you decline the alternative, fail to present yourself or your pet for it, or otherwise prevent the alternative arrangement from being used, any resulting delay or failure to reach your Vicuna Air flight will be treated as arising from your own act or omission and the special transfer and refund rights in this Section will not apply.

Notwithstanding Sections 2.1, 3.1 and 6, where a Waypoints journey before a Vicuna Air flight is disrupted solely by circumstances outside Vicuna Air’s reasonable control and, despite the measures described above and your compliance with this Section, you are unable to reach the required departure point in time for your booked flight, you will not be treated as a No-show solely for that reason. Vicuna Air will transfer you and any pet included in your booking, without an additional fare, to the next reasonably available Vicuna Air flight operating the same flight sector.

Vicuna Air will determine whether such a transfer is reasonably available, acting reasonably and having regard to the scheduled timing of the next flight, passenger and pet capacity, continued operation of the relevant flight sector, applicable documentation or regulatory requirements, and operational circumstances. If a transfer is not reasonably practicable on that basis, Vicuna Air will instead refund the fare paid for the affected flight sector together with any amount paid for the part of the Waypoints service that was not provided. Any refund under this paragraph will be made within fourteen (14) days after Vicuna Air determines that a transfer is not reasonably practicable.

A transfer under this Section is provided as a continuation of the original booking following Waypoints disruption. It is not a passenger-requested date change under Section 3.2, no change deposit is payable, and the transfer does not reset any cancellation period or otherwise create a new cancellation or refund right.

Where a Waypoints journey after a completed Vicuna Air flight is disrupted solely by circumstances outside Vicuna Air’s reasonable control, Vicuna Air will use the reasonable efforts described above to arrange a practical alternative. If no such alternative is reasonably available, Vicuna Air will refund any amount paid for the part of the Waypoints service that was not provided. No refund will be due in respect of an air sector that has already been completed. Any refund due under this paragraph will be made within fourteen (14) days.

Where disruption falls within this Section because it arises solely from circumstances outside Vicuna Air’s reasonable control, Vicuna Air will not be responsible for the cost of replacement transportation, accommodation or other expenditure independently arranged or incurred by you unless Vicuna Air expressly authorised that expenditure in writing before it was incurred. No additional compensation or damages shall be due merely because of such disruption. The exclusions and limitations in Sections 7.6, 7.7 and 9 apply to a delay, cancellation or disruption of a Waypoints service as they apply to the other disruptions addressed by those Sections.

Nothing in this Section excludes or limits liability arising from Vicuna Air’s own act, omission or negligence where such liability is preserved under Section 9. The specific transfer and refund rights set out in this Section apply notwithstanding the general provisions concerning third-party ground-transport providers in Section 4.1.

4.3 Wi-Fi, bar, catering, entertainment

Availability is not guaranteed and may vary by aircraft/route/operations. The absence, unavailability, or intermittent performance of such amenities does not constitute non-performance and does not entitle you to a refund, credit, or chargeback.

4.4 Chargeback waiver for minor service variances

You agree not to seek chargebacks or deductions for minor or nonessential variances (including but not limited to unavailability of Wi-Fi, modifications to catering/bar service, entertainment, or seat swaps within the same cabin). The core service is transportation with pet accommodation.

5. Operational Control

The Operating 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 Operating Air Carrier, 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. This waiver applies even where it is alleged that an act, omission, or negligence of Vicuna Air contributed to the circumstances giving rise to the captain’s decision, except to the extent such waiver is prohibited by applicable law. Any refund expressly due under another provision of this Contract is unaffected, but the availability of a refund does not create or imply any additional liability. Where the captain’s decision arises from the conduct, condition or compliance of any person or pet on your booking, Section 3.4 applies. In the event that you, anyone travelling on your booking, or any pet on your booking is 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 Operating Air Carrier or Vicuna Air to return them to the country from which they were originally carried.

6. 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.

Where your failure to check in on time results solely from Vicuna Air’s own negligence in arranging ground transportation under Section 4 (rather than from the acts or omissions of an independent third-party provider, or from any other cause), Vicuna Air will use reasonable efforts, where operationally possible, to assist you in reaching your flight or the next available flight, and this Section shall not apply; Vicuna Air’s liability, if any, is instead governed by the limitation set out in Section 9.

7. Delays, Cancellations, and Major Changes

Delays, cancellations, and changes to a flight may result from a wide range of operational, safety, and regulatory causes, including without limitation: adverse or severe weather; air traffic control restrictions or instructions; airport or airspace congestion, restrictions, or curfews; technical or mechanical defects; scheduled or unscheduled maintenance; crew duty time, rest, or licensing limitations; crew illness or unavailability; security incidents or enhanced security requirements; action by, or the requirements of, any governmental or aviation authority; the need to source, substitute, or repair aircraft; delay or non-performance by fuel, ground-handling, catering, or other third-party suppliers; late arrival of the aircraft, crew, or an inbound service used for the flight; industrial action affecting Vicuna Air, the Operating Air Carrier, or any third party; closure of an airport or aerodrome; customs, immigration, or border control requirements; passenger identification, visa, or travel documentation issues, whether arising from you, Vicuna Air, or any third party; and pet health, welfare, or travel documentation issues. This list is illustrative only and is not exhaustive. It applies whether or not the relevant cause independently qualifies as a Force Majeure event under Section 7.1, and the provisions of this Section 7 apply regardless of the specific operational cause.

7.1 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 at all due to a Force Majeure event, Vicuna Air’s sole obligation in respect of that non-performance will be to refund the fare paid for the affected flight in accordance with this Contract. If the flight or contracted service is only partly performed, any refund will be limited to the portion of the price reasonably allocable to the service not provided. No additional compensation or damages shall be due merely because a delay, cancellation, diversion, or other disruption resulted from Force Majeure.

7.2 Trip Cancellation More Than 28 Days Before Departure

Vicuna Air reserves the right to cancel a trip for any reason, including a commercial cancellation where insufficient seats are sold, provided Vicuna Air notifies you in writing within seven (7) days after the cancellation occurs but no later than twenty-eight (28) days before the scheduled departure date. A full refund will be made within fourteen (14) days after such cancellation.

7.3 Trip Cancellation Less Than 28 Days Before Departure

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, such as severe weather, ATC restrictions, crew incapacitation, aircraft unavailability due to safety or maintenance issues, regulatory action, or other Force Majeure events. If such a circumstance occurs, Vicuna Air will notify you as soon as possible, and if the trip is cancelled, Vicuna Air will refund all monies within fourteen (14) days.

7.4 Major Changes

If Vicuna Air makes a pre-departure “Major Change” to a trip, you may cancel up to twenty-four (24) hours before departure and receive a full refund within fourteen (14) days after cancellation. Only the following constitute “Major Changes”: (i) a change in the scheduled departure date of the affected flight sector, unless the change results from a flight delay experienced by the Operating Air Carrier (although a delay longer than forty-eight (48) hours will always be considered a Major Change); (ii) a change in the origin or destination city; or (iii) a price increase of more than ten (10) per cent occurring ten (10) or more days before departure. If a Major Change occurs, Vicuna Air will notify you within seven (7) days after learning of the change but at least ten (10) days before the scheduled departure; if Vicuna Air first learns of the Major Change less than ten (10) days before departure, Vicuna Air will notify you as soon as possible.

7.5 Delays

A delay to a flight, of any duration and arising from any cause, does not entitle you to cancel your booking or receive a refund, except where the delay constitutes a Major Change under this Section 7 (including a delay exceeding forty-eight (48) hours) or gives rise to a right under the Public Charter Regulations. Where a delay does not constitute a Major Change, Vicuna Air has no obligation to provide any refund, compensation, or other payment, save for any Goodwill Amenities Vicuna Air may elect to provide in its sole and absolute discretion under Section 7.8 (Goodwill Amenities).

7.6 Onward Travel and Future Arrangements

You are strongly advised not to book non-refundable onward travel (including connecting flights, ground transport, or accommodation), and not to make time-sensitive commitments such as events, appointments, or engagements, that depend on the affected flight sector departing or arriving at a particular time, unless you have made provision for the possibility of delay, cancellation, or change.

Except where required by the Public Charter Regulations or other applicable law, Vicuna Air shall not be liable, whether in contract, tort, or otherwise, for any cost, loss, or expense you incur as a result of a delay, cancellation, Major Change, or a denial of boarding or travel for any reason (including under Section 2.2 (Age Requirements) or Sections 3.4, 5, 10, 11, 12, 13, or 15), howsoever caused, including but not limited to: the cost of onward or connecting travel; accommodation or subsistence costs; the cost or value of missed events, appointments, bookings, or engagements; loss of enjoyment; or any other indirect or consequential loss. Where such cost, loss, or expense arises from Vicuna Air’s own act, omission, or negligence and is not otherwise excluded or waived under this Contract, this exclusion does not apply and Vicuna Air’s liability, if any, is instead governed exclusively by the exclusion-and-cap framework in Section 9. This provision is in addition to, and does not limit, the other exclusions and limitations set out in Section 9.

7.7 Refunds and Additional Compensation

Any refunds under this Contract are made from the Protection Instruments (escrow or surety) or by the method stated in the Participant Contract and subject to Section 22 hereof and applicable law. Except where liability for Vicuna Air’s own act, omission, or negligence is expressly preserved and governed by Section 9, no additional or consequential compensation or damages shall be due in connection with any refund permitted under this Contract. This paragraph is without prejudice to the exclusions set out in the Onward Travel and Future Arrangements subsection above.

7.8 Goodwill Amenities

In the event of a delay, cancellation, denial of boarding or travel, Major Change, or other disruption, howsoever caused, Vicuna Air may, in its sole and absolute discretion, elect whether, when, and to what extent (if any) to provide goodwill amenities (the “Goodwill Amenities”), such as hotel accommodation, meals, beverages, or ground transfers. Vicuna Air is under no obligation to provide any such Goodwill Amenity, in whole or in part, and nothing in this Contract entitles you to demand any particular Goodwill Amenity or level of Goodwill Amenity. A decision to provide, or to decline to provide, a Goodwill Amenity on any occasion does not create any obligation, expectation, entitlement, or precedent in respect of any other occasion, and Vicuna Air may withdraw or vary any Goodwill Amenity offered at any time. The provision of any Goodwill Amenity does not constitute an admission of liability or fault on the part of Vicuna Air, and is without prejudice to, and does not limit or waive, the exclusions and limitations set out in Sections 7 and 9.

8. Baggage Allowance and Liability

Each passenger’s baggage allowance for the hold is one hard-shell bag not exceeding 60 lbs (27 kg) and one soft-shell bag not exceeding 30 lbs (14 kg), plus one personal item in the cabin, such as a handbag, laptop bag, or compact rucksack not exceeding 15lbs (7kg). Additional or oversize baggage is carried subject to load restrictions and will incur additional charges. Applicable security regulations (such as TSA in the US, or the equivalent authority in other jurisdictions) permit passengers to bring one small bag of liquids, aerosols, gels, creams, and pastes through the checkpoint with hand baggage, typically limited to 100ml (3.4 ounces) or less per container; exact limits may vary by airport and jurisdiction.

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.

9. 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, save as set out below in respect of Vicuna Air’s own act, omission, or negligence.

Notwithstanding the foregoing, where Vicuna Air is found liable to you for loss or damage arising from Vicuna Air’s own act, omission, or negligence (including, without limitation, any wholesale failure by Vicuna Air to review or forward documentation it has expressly agreed to review or forward under Section 11, any error or omission in the handling of a pet under Section 15, any failure to properly manage a severe allergy disclosed to Vicuna Air under Section 14, or any failure to properly arrange ground transportation under Section 4, including a Waypoints service under Section 4.2), and such liability is not otherwise excluded under this Contract, Vicuna Air’s total liability to you in respect of that loss or damage, including any indirect or consequential loss, shall not exceed two (2) times the fare paid by you for the affected seat(s).

This limitation does not apply to: (i) death or personal injury caused by Vicuna Air’s negligence; or (ii) fraud or fraudulent misrepresentation by Vicuna Air.

For the avoidance of doubt, this Section 9 does not create, extend, or limit any liability in respect of matters addressed by Section 10 (Identification and Travel Documents), which is excluded in its entirety as set out in that Section, save as required by law.

10. 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; if you are denied boarding, Section 3.4 applies. Please ensure that you have appropriate identification and all required travel documents ready when you check in.

You are solely and entirely responsible for ensuring that you, and any other passenger travelling with you, hold valid, correct, and sufficient identification, passports, visas, and any other travel documents required for your journey, including any documents required for transit through, or entry into, any country on your route. Vicuna Air does not review, verify, or advise on the validity or sufficiency of your identification or travel documents, and bears no responsibility for your compliance with any identification, passport, visa, or immigration requirement.

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, or by any mistake, inaccuracy, omission, or other defect in your identification or travel documents. This includes, without limitation, any denial of boarding, denial of entry, deportation, or other consequence arising from your identification or travel documents at any point on your journey. You are responsible for obtaining all necessary travel documents, including passports, visas, tourist cards, immunisation 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.

Pre-clearance and travel authorisation. Before departure, Talon Air or any other Operating Air Carrier pre-clears your passport, visa and other travel details, and those of anyone travelling on your booking, with the relevant customs, immigration or border authorities, including US Customs and Border Protection where your flight sector arrives in or departs from the United States. Any refusal of pre-clearance is made by the Operating Air Carrier or the relevant authority, and any refusal of a visa, travel authorisation, entry permission or import permit is made by the relevant authority, not by Vicuna Air. Pre-clearance is not a review, verification or decision by Vicuna Air, and it does not make Vicuna Air responsible for your documents. If the Operating Air Carrier or any such authority refuses or revokes a visa or travel authorisation for you or anyone travelling on your booking, or an entry permission, import permit or pre-clearance for any of them or any pet on your booking, or does not grant it in time for boarding, Section 3.4 applies.

11. Pet Documentation for Travel

Obtaining and completing correct pet travel documentation for your destination is the full responsibility of the owner, including reviewing the specific rules applicable to your route, completing all required documentation correctly and on time, and bringing all relevant forms with you on the day of travel.

As part of our standard process, we will ask you to send us copies of your pet travel documentation ahead of departure, and, where applicable, we may forward these to the relevant importing authority to help streamline your journey. We will review the documentation you send and aim to highlight any issues we notice. This process is provided for your convenience and to assist you; it does not constitute legal or veterinary advice, does not guarantee that your documentation is correct, complete, or sufficient for admission, and does not transfer any part of your responsibility for your pet’s documentation to Vicuna Air.

Regardless of any advice, review, or forwarding provided by Vicuna Air, you remain solely responsible for ensuring that the correct, complete, and valid original documentation accompanies your pet on the day of travel, as this is the documentation on which admission of your pet will ultimately depend.

Failure to bring correct and complete pet travel documentation on the day of travel will result in denied travel, and Section 3.4 applies. 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.

Vicuna Air shall not be liable for any damage, loss, expense, or other irregularity caused by any mistake, inaccuracy, omission, or other defect in your pet’s documentation, whether or not identified, reviewed, or forwarded by Vicuna Air, or by your failure to know, understand, or comply with any applicable laws relating to required pet travel documentation. Vicuna Air’s liability, if any, is limited to instances where Vicuna Air wholly fails to review or forward documentation it has expressly agreed to review or forward under this Section, and even then is subject to the limitation set out in Section 9.

Any veterinary surgeon, government official or importing authority, courier, or other third party involved in the preparation, certification, or processing of pet travel documentation is an independent contractor and not Vicuna Air’s agent or employee. Except as required by law, Vicuna Air is not liable for any error, delay, omission, or other act of any such third party.

12. 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. If you or anyone travelling on your booking is denied boarding under this Section, Section 3.4 applies. Flights may be diverted or returned to facilitate removal or reporting where required by law.

13. Pet Safety Requirements

Vicuna Air does not carry any dog of a type prohibited under the Dangerous Dogs Act 1991, under the law of any country on your Itinerary, or which is a Prohibited Breed, including crossbreeds. This is assessed by the dog’s appearance and characteristics, not its registration documents or the breed stated at booking, and Vicuna Air may refuse carriage at any time, including at the FBO on the day of travel. This is in addition to, and does not limit, the captain’s discretion under Section 5.

You warrant that the information you give Vicuna Air about your dog’s breed or type is accurate and complete, and must notify Vicuna Air immediately of any change or inaccuracy. If Vicuna Air refuses carriage under this Section, Section 3.4 applies.

Every dog must at all times have a basket-style or equivalent muzzle that permits panting, drinking, and eating; a muzzle that holds the mouth closed is not accepted. Vicuna Air may require it to be produced or worn at any point before boarding or in flight. Failure to comply results in denied travel, and Section 3.4 applies.

If your dog is noted as assertive or aggressive at the booking stage, or is a Screened Breed, Vicuna Air will contact you by email to obtain additional information and may require a subsequent travel-suitability assessment, carried out by a veterinary surgeon, trainer, behaviourist, or Vicuna Air’s pet partner, at the passenger’s sole cost and expense, before or after your booking is confirmed. Vicuna Air may decline or cancel your booking where it is not satisfied that your dog can be carried safely in a shared cabin, and Section 3.4 applies. An assessment, refusal or cancellation after your booking is confirmed does not reopen the review described in Section 2. In Biscuit Class, if your dog is noted as reactive or anxious at the booking stage, this will be reflected in the Calming Medication requirements applicable under Section 15.1.

Dogs must remain on a leash while within the airport terminal or FBO, and when walking to and from the aircraft. Once onboard, dogs must wear a secure harness and remain attached to the aircraft seat using the bungee restraint provided by Vicuna Air for the duration of the flight. Cats must travel and remain in their carriers at all times.

Other approved domestic pets, including rabbits, guinea pigs, and similar small animals, must be pre-approved by Vicuna Air prior to booking and must travel and remain in a secure, well-ventilated carrier at all times, including within the airport terminal and onboard the aircraft. Vicuna Air may decline to accept any pet species not previously approved, or may impose additional handling, carrier, or documentation requirements as a condition of travel.

13.1 Assistance Dogs

The breed exclusion and muzzle requirements set out above in this Section do not apply to a fully trained Assistance Dog. Vicuna Air will assess each Assistance Dog individually and will not refuse carriage on the basis of breed alone. This paragraph does not permit the carriage of a dog whose possession or movement is prohibited by the law of a country on your Itinerary.

13.2 In-Flight Incidents and Diversion Costs

If your dog, or any other pet you bring on board, attacks, injures, or poses a serious and immediate threat to the safety of another animal, passenger, or crew member during a flight, and the captain determines that a diversion, early landing, or return to the departure airport is necessary as a result, you are responsible for, and shall indemnify Vicuna Air in full for, all costs and expenses arising from that diversion. This includes, without limitation, additional fuel, landing and airport fees, crew costs, and the cost of onward or alternative travel and accommodation for other passengers. This obligation applies regardless of whether the muzzle, leash, or other requirements under this Section were followed, and is in addition to, and does not limit, any other liability you may have under this Contract or applicable law.

Where a diversion, early landing, or return to the departure airport is instead necessitated by a genuine medical emergency affecting a passenger or a pet, Vicuna Air will bear only the direct operational costs of that diversion, including additional fuel, landing and airport fees, and directly associated aircraft and crew costs. Vicuna Air will not be responsible under this paragraph for any passenger’s accommodation, subsistence, onward or replacement travel, missed bookings or events, or other indirect or consequential loss, which remain governed by Sections 7 and 9. You will not be required to indemnify Vicuna Air under this Section in respect of the direct operational costs of the diversion.

For the avoidance of doubt, any diversion, early landing, or return resulting from a captain’s decision is subject to the waiver in Section 5, including where it is alleged that Vicuna Air’s act, omission, or negligence contributed to the circumstances giving rise to that decision. Nothing in this Section 13.2 expands Vicuna Air’s liability beyond this Contract.

13.3 Pet Insurance

You must hold valid third-party liability insurance covering your pet for the duration of your journey, and you must confirm that this insurance cover extends to your pet and, for a dog, its breed or type. Evidence of cover may be requested at any time before or during travel. If you fail to provide satisfactory evidence when requested, Vicuna Air may deny travel. Any such denial will be treated as a denial arising from your failure to satisfy a condition of travel, and Section 3.4 applies.

14. Passenger Health and Allergies

At booking, we will ask whether you or anyone travelling with you has a severe allergy or other medical condition that could be affected by another passenger’s animal, food, or personal items in the cabin. Where you tell us about a severe allergy, we will take reasonable steps to manage the cabin environment accordingly, including in relation to seating and any catering we provide; however, we cannot guarantee an allergen-free cabin, and other passengers may bring their own food or items which we do not control. If you or anyone travelling with you has a severe allergy, you should carry any medication you may need (such as an adrenaline auto-injector) and inform the crew before departure.

Except where caused by Vicuna Air’s own act, omission, or negligence in managing a severe allergy properly disclosed to us in advance (which is governed by the limitation in Section 9), Vicuna Air is not liable for any illness, injury, or reaction caused by another passenger’s animal, food, or personal items, or by an allergy or condition not disclosed to us in advance of departure.

15. Unaccompanied-Pet Transport “Biscuit Class”

Vicuna Air may transport pets without their owner present (“Biscuit Class”). During transport, Vicuna Air acts as the pet’s temporary custodian, exercising reasonable care and discretion for its welfare, including hydration guidance, crate adjustments, comfort handling pre-boarding, administering a Calming Medication in accordance with Section 15.1, 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 behaviour, 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; Section 3.4 applies. Vicuna Air’s liability for any error or omission in the handling of the pet under this Section is subject to the limitation set out in Section 9.

Any veterinary surgeon or other third party providing emergency or other veterinary care to the pet under this Section is an independent contractor and not Vicuna Air’s agent or employee. Except as required by law, Vicuna Air is not liable for the acts or omissions of any such third party.

15.1 Calming Medication for Biscuit Class Pets

Where Vicuna Air’s pre-booking assessment identifies a pet travelling in Biscuit Class as reactive or anxious, that pet must be prescribed a sedative or other calming medication for the flight (a “Calming Medication”) by a veterinary surgeon who has examined it. If your veterinary surgeon instead advises that your pet should not be given a Calming Medication for travel, you must disclose that advice to Vicuna Air in writing, and Vicuna Air will not administer a Calming Medication to your pet under any circumstances.

Where a Calming Medication has been prescribed, you must supply it to Vicuna Air at handover in its original labelled packaging, together with the prescribing veterinary surgeon’s written administration instructions and your written authorisation for Vicuna Air to administer it. Failure to supply the Calming Medication in accordance with this paragraph, or the written veterinary advice described above, is a failure to meet a condition of carriage: Vicuna Air may deny your pet’s travel in Biscuit Class, and Section 3.4 applies.

Supplying a Calming Medication does not mean it will automatically be given to your pet on board. Vicuna Air may administer it, in accordance with those instructions, where your pet shows sustained and significant distress during travel that the Vicuna Concierge has been unable to settle through other comfort measures, and where Vicuna Air considers this to be in your pet’s welfare interests. Vicuna Air is under no obligation to administer a Calming Medication at all, or at any particular time. Examples of sustained and significant distress may include: (i) persistent, uncontrollable trembling or shaking; (ii) continuous distress vocalisation, such as whining, barking, or howling, that does not settle; or (iii) repeated attempts to escape the carrier or restraint, or self-injurious behaviour. This list is illustrative only and is not exhaustive.

You warrant that the Calming Medication was prescribed following an examination of your pet by the prescribing veterinary surgeon, and that you disclosed all relevant health information about your pet to that veterinary surgeon. Where a Calming Medication is administered, Vicuna Air will follow those instructions exactly, without substituting a different medication, dosage, or approach, and will notify you as soon as reasonably possible afterwards.

Vicuna Air is not liable for any adverse reaction to a Calming Medication supplied by you and administered in accordance with those instructions, except to the extent caused by Vicuna Air’s own negligence, which is governed by the limitation set out in Section 9.

16. Notices

All communications to Vicuna Air should be sent to the Registered Office address set out in Section 23 (Contact and Company Details), or by email to fly@vicunaair.com. Notices to Vicuna Air are effective upon actual receipt. Vicuna Air may send notices to the email address supplied with your booking. Any such notice will be treated as received when sent unless Vicuna Air receives a delivery-failure notification.

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 organisation, 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

Third-party liability insurance for your pet is mandatory: see Section 13.3 (Pet Insurance). The insurance described below is separate and optional.

As set out in Sections 7 and 9, liability for losses arising from delay, cancellation, or other unforeseen events, including consequential losses, is excluded or limited in accordance with the terms, exceptions, waivers, and caps set out in those Sections. 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. Given the potential financial consequences of delay, cancellation, or documentation issues (including the cost of missed onward travel, accommodation, or events), passengers are strongly encouraged to obtain trip cancellation, delay, and travel insurance covering these risks before departure.

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. In the event of any conflict between these Terms and Conditions and an incorporated FAQ, these Terms and Conditions prevail. The FAQs supplement operational procedures and passenger obligations only and do not create any additional guarantee, remedy, or liability for Vicuna Air beyond those expressly set out in this Contract.

19.1 Pet Welfare & Travel Policy; List Amendments

The Pet Welfare & Travel Policy, including the Prohibited Breed and Screened Breed lists referred to in Section 13, is incorporated by reference into this Contract on the same basis as the FAQs described above. Vicuna Air may amend the Prohibited Breed and Screened Breed lists from time to time, and will notify you of any such amendment that affects a confirmed booking in accordance with this Section. Where an amendment causes a dog within a confirmed booking to become a Prohibited Breed, you may cancel that booking and receive a full refund of the fare paid, notwithstanding Section 3.1.

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 Operating 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. Vicuna Air may assign, transfer, or novate this Contract, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganisation, financing, or sale of all or substantially all of its business or assets.

22. Miscellaneous

The version of this Contract in force when your booking is confirmed will continue to govern that booking. Later versions apply only to future bookings. Vicuna Air may nevertheless make changes affecting an existing booking where reasonably necessary for safety, legal or regulatory compliance, or operational requirements, provided that any such change 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, the incorporated FAQs and the Pet Welfare & Travel Policy constitute the entire agreement between you and Vicuna Air regarding your public charter seat purchase.