Agreement to the Terms
These Website Terms and Conditions (“Terms”) are an agreement between you and Élan Aviation LLC, doing business as Élan Aviation. By accessing or using elanaviation.com, submitting a form, or otherwise interacting with website features, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the website.
These Terms address the website only. A requested or arranged charter may be governed by a separate quote confirmation, charter agreement, direct air carrier terms, passenger rules, and trip-specific disclosures.
Website Purpose
The website provides information about Élan Aviation’s air charter brokerage services, destinations, airports, aircraft categories, and travel considerations, and allows visitors to submit inquiries. Website content is general and informational. It is not an offer of a particular aircraft, route, schedule, operator, or price and does not guarantee that any requested service can be arranged.
Élan Aviation’s Role as an Air Charter Broker
Élan Aviation acts as an air charter broker and is not a direct air carrier. We do not own, operate, maintain, crew, dispatch, or exercise operational control over aircraft. Air transportation is provided by properly licensed third-party direct air carriers. The direct air carrier identified for a trip retains operational control and exclusive authority over flight-safety and operational decisions.
Website descriptions and communications do not themselves create a charter contract. Operator identity, aircraft information, total cost, and other disclosures required for a particular arrangement will be provided during the booking process in accordance with applicable requirements. These Terms do not replace disclosures or agreements required before contracting for a charter flight.
Quote Requests
A submitted contact, route, airport, destination, or trip-detail form is an inquiry only. It is not a confirmed reservation, acceptance of a quote, or promise that an aircraft or operator is available. Élan Aviation may contact you to clarify trip requirements, evaluate potential options, or request additional documentation.
Any initial price, range, aircraft suggestion, or availability indication may be preliminary, estimated, unavailable, or subject to change. A reservation becomes binding only through the applicable written booking process and required agreement, acceptance, payment, and trip disclosures.
Quotes, Pricing, and Availability
Charter pricing and availability depend on trip-specific conditions that can change before confirmation. These may include aircraft and crew availability, positioning, airport and handling fees, fuel, taxes, deicing, catering, ground services, international fees, permits, parking, overnight requirements, itinerary changes, and other operating or service costs.
A quote will identify what is included to the extent then known. It may expire, be withdrawn, or be revised if availability or trip details change. Cancellation, refund, substitution, payment, and change terms belong in the trip-specific written agreement and are not created by these website Terms. If that agreement conflicts with these Terms on a trip-specific subject, the trip-specific agreement controls.
Third-Party Air Carriers and Service Providers
Élan Aviation may communicate with direct air carriers, fixed-base operators, caterers, ground transportation providers, and other independent parties to evaluate or coordinate requested services. Those parties are not Élan Aviation employees and may impose separate terms, rules, limitations, privacy practices, or charges. Their performance is subject to their own legal and operational responsibilities, and nothing on the website creates an agency relationship beyond the specific brokerage role stated in the applicable written documents.
Operational Control and Safety Decisions
The direct air carrier and its authorized crew retain operational control and make all decisions concerning aircraft acceptance, flight release, routing, payload, weather, crew duty, security, safety, and regulatory compliance. Élan Aviation cannot direct a crew to operate a flight or override a safety decision.
A flight may be delayed, diverted, rescheduled, substituted, or canceled because of weather, maintenance, crew availability, airport restrictions, regulatory action, security, force majeure, safety, or other operational conditions. Resulting rights and responsibilities are governed by applicable law and trip-specific documents.
Passenger Responsibilities
Users and passengers are responsible for:
- providing accurate, complete, and timely passenger, contact, itinerary, baggage, pet, and assistance information;
- obtaining and carrying valid identification and all travel documents required for the itinerary;
- disclosing baggage characteristics, hazardous materials, prohibited items, weapons, pets, and special equipment as required;
- following carrier, crew, airport, customs, immigration, security, and governmental instructions; and
- conduct that does not endanger people or property, interfere with operations, or violate applicable law.
A carrier may refuse carriage or limit baggage, pets, equipment, or passenger activity in accordance with law, safety requirements, and its policies. Failure to provide accurate information may affect feasibility, cost, timing, or performance of a requested trip.
International Travel
Each traveler is responsible for passports, visas, entry or transit permissions, customs declarations, immigration requirements, health documentation, and any other documentation required by the countries involved. Requirements can change and may differ by citizenship, residency, age, or itinerary. Website content and Élan Aviation communications are not legal, health, or immigration advice; consult the relevant government authorities and qualified advisers before travel.
Website Information
Airport details, weather conditions, route distances, estimated flight times, destination information, aircraft specifications, photographs, amenities, and other travel content may be approximate, delayed, incomplete, or supplied by third parties. Aircraft shown may not be available for a requested trip, and a displayed route does not promise nonstop service or a guaranteed duration.
Not for operational use
Weather, airport, and route information on the website is for general planning context only. It is not an official briefing, dispatch tool, or substitute for information used by a direct air carrier or flight crew.
No Professional Advice
Website content is not legal, tax, financial, medical, immigration, security, or aviation-operational advice. You should obtain advice from an appropriately qualified professional or authority for decisions requiring such expertise. Reliance on general website information is at your own judgment, subject to rights that cannot be limited under applicable law.
Acceptable Use
You may not use the website to:
- violate law, submit a false or fraudulent quote request, impersonate another person, or misrepresent authority;
- introduce malware, overload the site, interfere with security, probe vulnerabilities, or access restricted systems or data;
- scrape, crawl, harvest, or use automated means to extract content or personal information without written permission;
- copy, republish, resell, frame, or commercially exploit website content except as expressly permitted; or
- interfere with another person’s use, rights, safety, or privacy.
We may restrict access, preserve evidence, or refer conduct to appropriate authorities when reasonably necessary to protect the website, users, third parties, or legal rights.
Intellectual Property
The website and its original text, graphics, logos, design, arrangement, software, and other content are owned by or licensed to Élan Aviation and are protected by intellectual-property laws. Subject to these Terms, you may use the site for personal or internal business evaluation of our services. No trademark, copyright, database, or other right is transferred to you. Third-party names and materials remain the property of their respective owners.
User Submissions
You retain ownership of information and materials you submit. You grant Élan Aviation a non-exclusive license to receive, copy, use, transmit, and disclose those submissions as reasonably necessary to respond to the inquiry, evaluate and facilitate requested services, operate the website, comply with law, and protect legitimate interests.
You represent that your submission is accurate to the best of your knowledge, does not violate another person’s rights, and that you have authority to provide information about other passengers. Do not submit unlawful, infringing, or unnecessary sensitive material.
Electronic Communications
When you contact us electronically, you consent to receive responsive communications at the email address or telephone number provided, subject to the choices and consent language presented with the form. Electronic records and signatures may satisfy writing requirements to the extent permitted by law, but no website interaction confirms a charter unless the applicable booking requirements are completed.
Third-Party Links
Links to regulatory sources, airports, weather providers, maps, destinations, carriers, or other external services are provided for convenience. Élan Aviation does not control and is not responsible for external content, availability, security, or practices. A link does not constitute endorsement. Use of an external service is governed by its own terms.
Disclaimers
To the fullest extent permitted by applicable law, the website is provided on an “as available” basis for general information and inquiry submission. Élan Aviation disclaims implied warranties concerning the website, including merchantability, fitness for a particular purpose, and non-infringement, to the extent those warranties may lawfully be disclaimed. We do not warrant uninterrupted access, error-free content, or availability of a requested charter.
Nothing in these Terms excludes a warranty, duty, or remedy that cannot be excluded under applicable law or alters obligations expressly accepted in a separate written charter-related agreement.
Limitation of Liability
To the fullest extent permitted by applicable law, Élan Aviation and its members, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from use of or inability to use the website, or reliance on general website content, even if advised that such damage may occur. This limitation does not apply where prohibited by law and does not establish an arbitrary monetary cap. Liability concerning an arranged charter is governed by applicable law and the trip-specific written agreements.
Indemnification
To the extent permitted by law, you agree to defend and indemnify Élan Aviation from third-party claims, damages, and reasonable costs arising from your unlawful misuse of the website, fraudulent or materially false submission, infringement of another person’s rights, or material breach of these Terms. This obligation does not extend to a claim caused by Élan Aviation’s own conduct to the extent responsibility cannot lawfully be shifted.
Governing Law and Venue
These website Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where another law must apply. Subject to any venue right that cannot be waived, proceedings concerning these Terms may be brought in a court of competent jurisdiction in Florida. These Terms do not impose mandatory arbitration, a jury-trial waiver, or a class-action waiver.
Severability
If a court finds a provision of these Terms invalid or unenforceable, the provision will be enforced to the maximum extent permitted or severed, and the remaining provisions will continue in effect.
Waiver
A failure or delay in enforcing a provision is not a waiver of that provision or any other right. A waiver must be express and applies only to the specific circumstance for which it is given.
Assignment
You may not assign rights or obligations under these Terms without our prior written consent. Élan Aviation may assign these Terms in connection with a merger, reorganization, financing, sale, or transfer of the relevant business, subject to applicable law.
Entire Agreement
These Terms and the policies incorporated by reference form the agreement concerning use of the website. Separate quote confirmations, charter agreements, operator terms, payment documents, and trip disclosures may apply to a requested service and may control their subject matter. These Terms do not replace those documents.
Changes to These Terms
We may revise these Terms to reflect changes in the website, services, law, or business practices. The updated version will be posted with a revised date. Continued use after an update constitutes acceptance to the extent permitted by law; material changes will receive additional notice when required.
Contact Information
Questions about these website Terms may be sent to:
Élan Aviation LLC
Legal and website terms inquiries
legal@elanaviation.com