Terms of Service

Effective Date: January 1, 2026

These Terms of Service ("Terms") govern access to and use of the Breezy Aviation platform, including all websites, mobile applications, and related services (collectively, the "Platform"). By using the Platform, you agree to these Terms, including the Cancellation Policy and Weather Cancellation Addendum incorporated herein by reference.

1. Platform Role and Aviation Disclaimer

Breezy Aviation LLC ("Breezy") operates a neutral online marketplace that enables independent aircraft owners ("Owners") and pilots ("Pilots") to connect and facilitate reservation-based dry lease transactions. Breezy does not own, lease, charter, manage, dispatch, crew, maintain, inspect, or operate aircraft; provide air transportation, pilot services, or flight instruction; or exercise operational control over any aircraft or flight operation. All flights conducted through the Platform are intended to be private operations under 14 C.F.R. Part 91 pursuant to dry lease agreements entered into directly between Owners and Pilots.

Users may submit information, documents, images, reviews, communications, listings, profile information, aircraft information, and other content through the Platform ("User Content"). User retains ownership of all User Content submitted to the Platform.

By submitting User Content, User grants Breezy a non-exclusive, worldwide, royalty-free, revocable license to host, store, reproduce, display, transmit, and use such User Content solely as reasonably necessary to maintain, improve, secure, market, and provide the Platform and related services. User represents and warrants that: (a) User owns or has the necessary rights and permissions to submit the User Content; (b) the User Content does not violate any law or third-party rights; and (c) the User Content is accurate to the best of User's knowledge.

Breezy may remove, restrict, or disable User Content that violates these Terms, applicable law, or Platform policies.

Breezy is under no obligation to display, publish, or maintain any User Content and may remove, restrict, or disable User Content at any time in its sole discretion, including for violations of these Terms, applicable law, fraud prevention, payment issues, or platform integrity purposes. User represents and warrants that User owns or otherwise has all necessary rights, permissions, and authority to submit the User Content to the Platform and to grant the rights described in this section.

2. Eligibility and Accounts

Users must be at least 18 years old and legally capable of contracting. Pilots must hold valid FAA certificates, ratings, and currency. Owners must ensure lawful ownership, registration, airworthiness, and insurance. Breezy may conduct administrative validation of submitted information solely for completeness, readability, consistency, fraud prevention, identity verification, payment processing, and platform recordkeeping purposes. Breezy does not verify, certify, endorse, or determine the legal sufficiency, validity, airworthiness, operational suitability, or fitness of any aircraft, pilot, certificate, rating, endorsement, insurance policy, or flight operation.

3. Reservations and Dry Lease Structure

All reservations made through the Platform result in a dry lease between the Owner and Pilot. The Pilot-in-Command assumes sole operational control and responsibility for the flight pursuant to 14 C.F.R. § 91.3. Breezy does not exercise operational control over any flight or aircraft operation. Owners determine aircraft availability, checkout requirements, and listing terms.

4. Payments and Fees

Payments are processed through third-party processors. Platform fees, listing fees, security deposits, and payout timing are disclosed at checkout or in applicable Owner or Pilot agreements. Breezy does not escrow funds beyond administrative processing.

5. Privacy

Your use of the Platform is subject to Breezy's Privacy Policy. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices, including electronic communications.

Visiting the Platform or sending emails to Breezy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

6. Cancellations (Incorporated Policy)

All reservations are subject to the Breezy Aviation Cancellation Policy and Weather Cancellation Addendum, which are incorporated into these Terms by reference. Key principles include:

  • Safety-related cancellations are always permitted.
  • The Pilot-in-Command has final authority over safety decisions.
  • Reservations are subject to Breezy's Cancellation Policy and any aircraft-specific operational limitations or requirements disclosed by the Owner.
  • Breezy may, but has no duty or obligation to, suspend or cancel reservations for administrative, compliance, fraud-prevention, documentation, payment-processing, or platform-integrity reasons. Refund eligibility is an administrative determination only.

Nothing in the Cancellation Policy alters PIC authority or creates operational control.

7. Insurance and Risk Allocation

Breezy does not provide insurance and does not evaluate the adequacy, scope, validity, or applicability of any insurance coverage. Any insurance information displayed on the Platform is provided by the applicable user for informational purposes only. Owners and Pilots are solely responsible for maintaining any insurance required by applicable law, airport requirements, lender obligations, insurers, or their own risk management preferences. Breezy disclaims liability for loss, damage, injury, or death arising from aircraft operations.

8. Platform Disclaimer and Limitation of Liability

THE PLATFORM, INCLUDING ALL INFORMATION, LISTINGS, COMMUNICATIONS, SOFTWARE, MARKETPLACE TOOLS, AND RELATED SERVICES, IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

BREEZY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING: (A) THE CONDITION, AIRWORTHINESS, LEGALITY, SAFETY, MAINTENANCE STATUS, OR SUITABILITY OF ANY AIRCRAFT; (B) THE QUALIFICATIONS, EXPERIENCE, LEGALITY, OR FITNESS OF ANY PILOT OR OWNER; (C) THE ACCURACY OR COMPLETENESS OF USER CONTENT OR LISTINGS; OR (D) THE AVAILABILITY, RELIABILITY, OR UNINTERRUPTED OPERATION OF THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREEZY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREEZY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, AIRCRAFT DAMAGE, PERSONAL INJURY, OR DEATH ARISING OUT OF OR RELATING TO THE PLATFORM, ANY RESERVATION, ANY DRY LEASE ARRANGEMENT, OR ANY AIRCRAFT OPERATION.

Users are encouraged to report platform transaction disputes promptly, within 24 hours of the applicable reservation or transaction. Breezy may request supporting documentation, including weather information, communications, payment records, or other relevant materials, solely for administrative review relating to platform refunds, cancellations, fraud prevention, or policy enforcement. Any determination made by Breezy is limited solely to administrative platform matters, including refund eligibility and platform policy enforcement, and does not determine legal rights, liability, fault, airworthiness, operational compliance, or obligations arising under any dry lease agreement or applicable law.

9. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BREEZY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTIES, FOR ANY DEMANDS, CLAIMS, LAWSUITS, PENALTIES, FINES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, OR REGULATIONS. WE RESERVE THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS INDEMNITY APPLIES REGARDLESS OF ANY ALLEGED NEGLIGENCE OF ANY RELEASED PARTY AND DOES NOT EXTEND TO THE PORTION OF LIABILITY ATTRIBUTABLE TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT TO THE EXTENT TEXAS LAW PROHIBITS SUCH INDEMNIFICATION.

10. Arbitration and Governing Law

All disputes with Breezy shall be resolved by binding arbitration in Texas under applicable AAA rules. Texas law governs these Terms. To the maximum extent permitted by law, the parties waive any right to a jury trial or to participate in any class action, collective action, or representative proceeding. The parties agree that arbitration shall be the exclusive remedy to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any related activity (collectively, "Disputes"). Before initiating arbitration, the aggrieved party shall provide written notice of the Dispute to the other party and a reasonable opportunity for informal resolution. If the Dispute is not resolved within thirty (30) days thereafter, either party may refer the Dispute to the American Arbitration Association ("AAA") for arbitration.

The arbitrator shall be selected, and the arbitration shall be conducted in accordance with the applicable AAA rules then in effect. Arbitration fees shall be allocated in accordance with applicable law and AAA rules. Arbitration shall take place in Harris County, Texas, unless otherwise agreed by the parties. The arbitrator shall apply these Terms as written except to the extent prohibited by applicable law. The arbitrator may award remedies available under applicable law and these Terms; provided, however, that punitive, exemplary, indirect, incidental, special, and consequential damages shall be waived to the maximum extent permitted by law. The award of the arbitrator shall be final and binding on the parties.

The parties agree that any court proceeding permitted under these Terms, including proceedings to compel arbitration or confirm, enforce, or enter judgment upon any arbitration award, shall be brought exclusively in a state or federal court located in Harris County, Texas. These arbitration provisions shall survive termination of these Terms or any user account.

11. Termination and Enforcement

Breezy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, any court proceeding permitted under these Terms shall be brought exclusively in a state or federal court located in Harris County, Texas, and the parties consent to the personal jurisdiction of such courts for purposes of compelling arbitration or enforcing any arbitration award. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Breezy as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

12. Modifications

Breezy may update these Terms with notice. Continued use constitutes acceptance of revised Terms. Breezy reserves the right, in its sole discretion, to change the Terms under which the Platform is offered. The most current version of the Terms will supersede all previous versions. Breezy encourages you to periodically review the Terms to stay informed of our updates.

By continuing to use the Breezy Aviation platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. For questions, contact support@breezyaviation.com.