The Three Contract Approaches to Weather Cancellations
Weather-related disruptions caused 8,400 Part 135 charter cancellations in 2025, approximately 9% of all scheduled charter departures according to industry operations data. The financial impact on passengers ranged from zero (operators with force majeure clauses absorbed the cost) to $15,000+ (operators charging positioning fees and crew costs regardless of whether the revenue flight operated). Three charter contracts sitting on three different desks contain three different answers to the same question: who pays when the weather says no?
Approach 1: Full Refund for Weather (Most Favorable)
Some operators classify weather as a force majeure event and refund the entire charter cost if the flight cannot operate safely. The refund covers the flight, crew, and any prepaid handling fees. The operator absorbs any positioning costs already incurred. This approach is most common with large fleet operators (NetJets, XO, VistaJet) who can reallocate the aircraft to another trip if yours cancels.
Approach 2: Partial Charge for Weather
Many operators refund the flight time but charge for costs already incurred: positioning fees (if the aircraft flew empty to your departure airport), crew hotel/per diem, and FBO handling fees. A charter with a $5,000 positioning leg and $1,200 in crew costs would result in a $6,200 non-refundable charge even though the revenue flight never operated. This approach is common with single-aircraft operators and smaller charter companies.
Approach 3: No Refund Unless 72+ Hours Notice
Some contracts treat weather cancellations like any other cancellation. If you cancel less than 72 hours before departure (even due to weather), the standard cancellation fee (25-100% of the trip cost) applies. The rationale: the operator blocked the aircraft for your trip and cannot rebook it on short notice. This approach is most common with ad-hoc charter quotes where the operator guaranteed a specific aircraft and crew.
Who Makes the Go/No-Go Decision?
The pilot-in-command (PIC) has final authority over whether a flight operates. Under 14 CFR Part 91.3, the PIC is directly responsible for the safe operation of the aircraft. No charter broker, passenger, or aircraft owner can override a PIC's decision to cancel for weather. This authority is absolute and non-negotiable.
The dispatcher (on Part 135 operations) shares responsibility for flight release. The dispatcher evaluates weather, NOTAMs, runway conditions, alternate airports, and fuel planning. If the dispatcher does not release the flight, it does not operate. A flight can be cancelled by either the PIC or the dispatcher independently.
The passenger has no authority in the go/no-go decision but can choose not to board. If the PIC determines the flight is safe but the passenger is uncomfortable with the weather conditions, the passenger can decline to fly. This is treated as a passenger-initiated cancellation and subject to the contract's standard cancellation policy, not the weather cancellation policy. The distinction matters financially.
If the pilot cancels, it is a weather cancellation. If you cancel because you do not like the forecast, it is a passenger cancellation. Read your contract to understand which policy applies to each scenario.
How to Protect Yourself Before Signing
- Ask specifically: 'What is your weather cancellation policy?' before signing the charter agreement. Get the answer in writing, not verbal.
- Look for the force majeure clause. If weather is listed as a force majeure event, the operator bears the financial risk of cancellation. If weather is not mentioned, standard cancellation fees apply.
- Ask about repositioning fee exposure. If the operator must fly the aircraft to your departure airport, ask whether that positioning fee is refundable if weather cancels the trip. Many operators charge positioning regardless.
- Consider trip insurance. Aviation-specific trip insurance (not standard travel insurance) covers charter cancellation costs including non-refundable positioning fees, crew costs, and the flight itself. Premiums run 3-7% of the trip cost.
- Book with fleet operators when possible. Operators with 10+ aircraft can reassign your trip to a different aircraft or reschedule more flexibly than single-aircraft operators. Their weather cancellation policies tend to be more passenger-friendly because they can reallocate assets.

