Flying private doesn’t eliminate your rights. This exhaustive guide explains FAA Part 135 regulations, pilot hour requirements, safety laws, contracts, discrimination protections—and how EU laws like EC 261 apply to private jet passengers too.
Introduction
Luxury does not mean lawless.
Some passengers step onto a private jet and assume they’re outside the rulebook — no TSA, no gate agents, no loudspeaker announcements. They think it’s pure freedom in the air. Until something goes wrong. A mechanical cancellation. A pilot with low flight hours. A discriminatory refusal. Suddenly they realize: regulation still exists — it’s just quieter.
This is the reality of private aviation. Charters may feel personal, but they still sit under a complex regulatory umbrella — FAA in the United States, EASA and national CAAs across Europe. Those rules determine everything from who can fly the aircraft, to whether alcohol is legal onboard, to how compensation works if your flight is disrupted.
Most passengers never see the legal side — until they need it. And by then, it’s often too late.
So here it is: the most comprehensive, step-by-step breakdown of passenger protections in private jet travel, covering both the U.S. and European landscapes, updated for 2025 — including regulations most brokers won’t explain unless asked.
Part 1 – U.S. Private Jet Regulations under the FAA (Federal Aviation Administration)
The FAA draws a hard legal line between private operations and commercial charter operations. That distinction determines what rights passengers have — and what obligations an operator owes.
FAA Operational Categories
| Category | Regulation | Description |
|---|---|---|
| Part 91 | Private operations | Flights not for hire. Owner-operated, corporate-owned flights. |
| Part 135 | Commercial charter | Flights where passengers pay for travel. This includes on-demand jet charters. |
If you pay to fly on a private jet — it must operate under Part 135. If you’re flying under Part 91, you’re either the owner or an employee of the company that owns the aircraft.
Why This Matters for Passenger Rights
Part 135 triggers a long list of FAA requirements that protect paying passengers — safety, pilot standards, maintenance checks, disclosure of coverage, drug testing, emergency procedures, insurance, etc.
Part 91 has far fewer obligations. It’s private — essentially your own aircraft. If you fly under Part 91, you waive most rights because you’re not a paying passenger.
FAA Part 135: Required Safety & Pilot Standards
- Pilot-in-Command (PIC): must hold a commercial license and instrument rating
- Typical minimum flight hours: 1,200+ hours total, including 500 hours cross-country, 100 hours at night, 75 hours instrumental
- Drug & alcohol tests: required under DOT regulations (random testing)
- Rest time: duty not to exceed 14 hours in a day, 10 hours rest off-duty
- Training: recurrent simulator training every 6 months
Maintenance Rules
Part 135 requires:
- 100-hour inspections
- Detailed logs of airframe, engine, and avionics service
- Compliance with FAA Airworthiness Directives (ADs)
- Pre-flight checklists, emergency equipment checks before each flight
- If an instrument is inoperative, aircraft may not depart until it’s repaired — unless a MEL (minimum equipment list) is in place and approved
Operational Transparency
Passengers have the right to ask for:
- Operator’s official FAA Part 135 certificate
- Name of actual air carrier (not just the broker)
- Insurance coverage summary (many carry $100M+ liability policies)
- Pilot names, flight hours, medical certificates
What Are You NOT Entitled To? (Unlike Commercial Airlines)
The U.S. DOT’s Airline Customer Bill of Rights (tarmac delay compensation, involuntary boarding bump, refund for long delays) typically does not apply to Part 135 charter flights.
These protections were written for scheduled commercial airlines — not bespoke on-demand charters.
Contractual Rights (Your Real Protection)
Your contract with the charter operator (or broker) determines refund policy, cancellation, rerouting, weather delays, positioning flights, etc.
Rule of thumb:
If it’s not written in your charter agreement, you’re legally exposed.
Always request:
- Cancellation clause (operator-initiated vs passenger-initiated)
- “Force majeure” terms
- Contingency plan if the jet becomes unairworthy
- Whether you get refund or flight credit
FAA, TSA & Onboard Rules
- Seat Belts: must be worn during taxi, takeoff, landing
- Alcohol: Only crew can serve; FAA prohibits passengers from self-serving alcohol (even if you bring your own)
- Smoking: Only permitted if aircraft signage and operator allow AND destination rules permit
- Pets: allowed but must be restrained or crated as per pilot’s discretion
- Discrimination: Title II of the Civil Rights Act still applies — operators cannot refuse on grounds of race, religion, etc.
Part 2 – EU & EASA Regulations for Private Jet Charters
Europe regulates charter flights under EASA (European Union Aviation Safety Agency). Member states also have national Civil Aviation Authorities (CAA) like the UK’s CAA, France’s DGAC, etc.
EASA vs FAA: Similarities and Differences
| Area | EASA (EU) | FAA (U.S.) |
|---|---|---|
| Commercial charter | CAT (Commercial Air Transport) / AOC | Part 135 |
| Maintenance | CAMO systems, Continuing Airworthiness | 100-hour inspections, AD compliance |
| Pilot hours | EASA Flight Time Limitations | FAA PIC minimums |
| Consumer compensation | EC 261 | Rare unless contractual |
Passenger Rights Under EU Law (EC 261)
EC 261/2004 is the EU regulation that mandates compensation (up to €600) for flight cancellations, long delays, or denied boarding.
However — it only applies to private jets when:
- The operator sells tickets to the general public (air-taxi seat service, shared charters)
- The departure is from an EU airport OR arrival into EU on an EU-based operator
If you charter the entire aircraft privately as a business or private group, EC 261 usually does NOT apply. The flight is considered private transport, subject only to contract and aviation safety laws.
When EC 261 Might Apply to Private Jet Travelers
- Booking via seat-share on platforms like XO or VistaJet under a public fare model
- Flights marketed as “public charter” within the EU
In those cases, you may be entitled to financial compensation for:
- Flight cancellation less than 14 days prior to departure
- Delays over 3 hours at arrival
- Denied boarding due to overbooking (rare in private aviation)
European Passenger Protections Beyond EC 261
- Anti-discrimination: Charter must comply with EU anti-discrimination laws (religion, race, disability)
- GDPR Privacy Compliance: Any personal data processed by the operator must comply with EU data privacy laws
- Passenger manifested information: must be filed with appropriate border control agencies per Schengen rules
Security, Customs & Border Rules (Schengen, UK, U.S. Preclearance)
- Passengers must carry valid travel documentation; private jet DOES NOT override immigration laws
- Many EU charters include customs pre-clearance but you may still be subject to passport control
- U.S. travelers often require APIS information submitted in advance, similar to commercial flights
Hypothetical Scenarios & What Rights You Actually Have
| Scenario | Are You Protected? |
|---|---|
| Mechanical cancellation an hour before departure (U.S.) | Charter contract determines refund; FAA no automatic compensation |
| Pilot arrives intoxicated | Immediate cancellation with refund; operator violates Part 135 & DOT drug testing rules |
| Discrimination refusal | Protected under U.S. Federal law or EU national law; can file legal claim |
| 5-hour delay on runway | No refund required under FAA; some operators will refund by goodwill |
| Denied boarding due to aircraft weight (pilot decides too heavy) | Safety override — no compensation under law, handled by contract terms |
How to File a Complaint or Report Violation
In the U.S.:
- File a report with the FAA Flight Standards District Office (FSDO)
- For discrimination: file complaint with DOT Office of Aviation Consumer Protection (OACP)
- Also contact National Business Aviation Association if operator misrepresented credentials
In the EU:
- File complaint with national CAA of country where flight departed (e.g., French DGAC)
- For EC 261 claims: use airline operator’s complaint form; escalate to national enforcement body
Conclusion
Private jet travel is freedom — but it’s not a free-for-all. Under FAA Part 135 and EASA’s Air OPS rules, charter operators are legally obligated to protect paying passengers with strict safety standards, crew qualifications, maintenance checks, insurance coverage, and anti-discrimination practices.
However, many consumer rights (refunds, delay compensation) are dictated by your contract, not statutory law — unless you fall under EC 261 in the EU for publicly marketed flights.
Protect yourself by asking for documentation in advance. Ask for the Part 135 certificate or EU AOC. Read the cancellation terms. Confirm pilot hours. Request proof of liability coverage. Reputable brokers and operators will happily oblige.
The golden rule in private aviation:
Luxury is optional. Safety and transparency are not.