July 9, 2025
Making private jet flights cheaper via selling empty seats is getting a bigger spotlight. Do programs actually allow it? Is it even legal?
The covert market of online groups where members buy and sell unused seats and crowdsource private jet flights is getting a bigger spotlight following an article in The Wall Street Journal.
Recent PR outreach from a trio of websites providing platforms for users who want to fly privately on the cheap or offset some of the considerable expense is also bringing new attention to the jet-sharing market.
The online groups are mainly formed of people who fly regularly between a few select destinations with large numbers of HNWs.
There are groups that feature seats for sale between South Florida and New York, as well as New York and Aspen.
A large group of flyers traveling between Aspen and Miami makes up another group.
There is a group of Texas to Cabo travelers.
Several of the groups have hundreds of members.
The Wall Street Journal noted that there is also a group for flyers who look to share flights to Turks & Caicos.
It has just 23 members.
Some groups have dozens of active listings at any one time.
In a highly regulated industry, it’s unclear which listings are violating government rules and regulations.
It’s often referred to as illegal charter, which can carry hefty penalties.
With one listing, you can get on the wrong side of the Federal Aviation Administration, the Department of Transportation, and the Internal Revenue Service.
‘If there is an incident or accident, the insurance claim can be denied if the flight was operated illegally.’
– Amanda Applegate, Soar Aviation Law
Sellers could also be violating the terms of their charter, jet card, or fractional flight contracts.
Most jet card contracts allow the provider to terminate members who break the rules.
They can also keep unused funds.
Lawyers say if you are breaking program rules in posting your flights, you are probably crossing legal boundaries as well.
The jet-sharing services think they are helping the industry by bringing new customers.
Industry executives believe only around 15% of those in the U.S. who can afford private jet flights fly privately.
The significant benefit of flying privately is that you save time.
Often, there are more convenient airports than the ones the airlines use.
There’s less time at the airport.
You arrive 15 or 20 minutes before departure.
If everyone is there, let the pilots know, and you can generally leave early.
You don’t have to connect via congested hubs.
There is no waiting for your gate to open when you land.
There are no trains to baggage claim.
Lost luggage is a rarity.
When a bag is left behind, it’s en route via FedEx to your next stop before you land.
Within minutes of pulling up to the private terminal, called FBOs, you are on your way.
The saying is that the one thing you can’t buy is time.
Private jet flyers know that’s a lie.
READ: The Top 10 Reasons For Choosing Private Jet Flights
Flying privately is addictive.
Over 95% of Private Jet Card Comparisons’ subscribers who started flying privately during COVID and since have stayed with it.
It’s also not cheap.
According to the most recent analysis of jet card charter pricing by Private Jet Card Comparisons, the average hourly rate at the end of Q2 2025 was $11,273.
Light jets, which typically seat six passengers, averaged $8,344 per hour for programs that guarantee pricing.
Ultra-long-haul jets with seating for around 16 passengers run $19,028 per hour.
At 64.5%, increasing prices is the number one reason subscribers say they are considering switching flight programs.
Flight delays, changes, and cancellations are a distant second at under 25%.
Typical private jet flights have two to four passengers, meaning private jets often depart with more than half of their seats empty.
Like the airlines, some view every seat left empty on a private jet as a lost opportunity.
In 2017, the National Business Aviation Association, the industry’s trade group, published a white paper titled “Guide to Selling Charter by the Seat.”
Even back then, it noted:
‘With the proven and recognized benefits of chartering aircraft, brokers and operators have for years been searching for business models that will permit them to market charters on business aircraft to the public on a per-seat basis rather than chartering the whole aircraft.
This effort has been spurred by the internet and technological advances such as smartphone apps that enhance marketers’ abilities to match passengers with available aircraft.
Entrepreneurs who witness success in other industries are eager to apply crowdsourcing, sharing economy, and other technological solutions to the on-demand charter industry.’
In fact, JetSmarter had already gained a billion-dollar valuation.
The so-called Unicorn enabled customers to crowdsource flights.
Customers who chartered the entire jet could sell extra seats.
Others could take those seats for a fraction of the full charter cost.
| Route | Specific Dates/Time | Specific Aircraft Type | Specific Operator Mentioned | Number of Seats/Price |
| Miami – New York City | Yes/No | Yes | Yes | 6 seats at $4,000 each |
| Boca Raton – Aspen | Yes/Yes | Yes | Yes | 4 seats at $5,000 each |
| Teterboro – Aspen | Yes/Yes | Yes | No | 2 seats; Price Not Given |
| Teterboro – Aspen | Yes/Yes | Yes | Yes | 4 seats; Price Not Given |
| South Florida – Hamptons | Yes/No | No | No | 1 seat; Price Not Given |
| Miami – Vail | Yes/No | Yes | Yes | 5 seats at $5,000 each |
| Aspen – Westchester County | Yes/Yes | Yes | Yes | 4 seats; Price Not Given |
A 2017 investor’s deck showed 1,500 daily downloads of its app.
What’s more, users checked the app 12.5 times per day.
JetSmarter was bought by Vista Global in 2019.
Its sharing platform was merged into the acquirer’s XO private jet charter brokerage.
XO said it sold over 160,000 single seats on shared flights.
By that time, Wheels Up had launched a sharing program.
It even created the Connect membership to attract jet-sharing clients.
Jet Linx, one of the 10 largest U.S. charter operators, launched a jet-sharing program for members.
Jet Linx said it had flown 40,000 empty seats in the previous year.
Selling just 10% of those empty seats at $5,000 a pop would save its jet card customers, who were booking the flights, $20 million.
The hope was that they would then take more jet card charter flights.
Jet Linx doesn’t own private jets.
It manages private jets for owners.
The owners make them available for charter when they are not using them.
More charter revenue offsets some of the ownership expense.
Happy owners don’t switch management companies.
READ: Private Jet Owners speak about the good and bad of ownership
Executives from companies engaged in the jet-sharing model at the time were naturally bullish.
Vista Global’s Ian Moore said, “The answer to whether it’s going to be a niche thing or not is probably answered that you have two more (big) companies that believe in this part of the market.”
He added, “It’s not only one or two routes in North America, but taking it on a global scale.”
JetSmarter had already launched shared flights in Europe.
Not everyone agreed.
WingX Director Christoph Koher told me back then, “Flight sharing is contradictory logic when it comes to using business aviation. Usually, the reason you join one of these programs or charter a private jet is because you want to define your schedule.”
| Option | What To Know |
| Self-Aggregation/Interest | The group of individuals who are going to share costs needs to form before booking the shared flight, which needs to be flown by a Part 135 operator, for the discussion here. Jet card contracts explicitly prohibit selling seats, so you won’t be able to use your jet card to self-aggregate unless your provider offers it. Experts say that how you get the word out to put your group together matters. It is not clearly defined, but avoid what is called “holding out.” The less specific about departure times, particular airports, and pricing, the better. Being part of a private group or members-only website doesn’t necessarily equate to legality. |
| Part 380 Public Charter | You can, in some cases, convert an existing charter to a booking under DOT Regulation 14 CFR 380. The rule runs 24 pages. That’s the section that JSX, Aero, and Slate Aviation use. Vista’s XO also uses this for its crowdsourced flights. It includes filing with the DOT, escrowing funds, or a letter of credit. |
| Part 91 Cost Sharing | There are limited exceptions that enable sharing expenses such as fuel and fees, which must be broken out. |
Both Jet Linx and Wheels Up have since ended their sharing programs.
XO has scaled back the focus of its crowdsourced flights.
While the big players were used to complying with complicated Department of Transportation and Federal Aviation Administration rules and regulations that govern these types of flights, NBAA, in its white paper, warned that the penalties for getting it wrong are severe.
Fines can easily exceed six figures.
Proposed fines for alleged illegal charter have run over $1 million.
READ: You might be running an illegal charter (and not know it)
Before the article in The Wall Street Journal, two of the websites that provide a matchmaking service for members, FlyJets and Katana, had already been getting media coverage.
Both have had features by leading national and local media outlets, as well as the trade press.
(However, The Wall Street Journal’s article, published online July 9, 2025, and in print yesterday, was the first to touch on the regulatory aspects of jet-sharing, although not in a meaningful way.)
The third website, Eye In The Sky, according to its founder Chapman Ducote, is an evolution of several WhatsApp groups like those mentioned in the WSJ.
Ducote says he started his online groups nearly eight years ago.
When he first reached out in early May, pitching coverage of his website, he said the online groups had over three thousand members.
He wrote, in part, “Did we invent private jet ridesharing? No. Were we one of the early pioneers of it? Absolutely. Have we proven that people want to ride-share on jets? Without question.”
That dovetails with the 35.8% of subscribers to this website who say they are interested in buying seats and sharing flights.
The jet-sharing websites earn revenue by charging a membership fee.
They also have services beyond just the jet sharing.
Executives of the websites don’t believe they are doing anything wrong.
Much as the NBAA outlined, they see themselves as innovators.
They believe they are bringing new customers and efficiency to an antiquated industry.
They pitch sharing as being environmentally friendly.
Beyond legal concerns, sellers of seats, jet cards, and fractional hours could be violating the terms they agreed to when they signed contracts to join their programs or charter flights.
Jet Law attorney Kent Jackson says, “Seat sellers may be in violation of their contracts with the charter or fractional operators,” which would mean, “They would also be in violation of DOT regulations.”
The Wall Street Journal story was titled “The Secret Group Chats Where the Rich Score Seats on Private Jets.”
One group member is quoted as saying, “I do understand that sometimes you don’t want to spend $25,000 to $30,000 going up to New York, but you’re OK spending three or four [thousand dollars],”
Jacquie Dalton, CEO of charter broker Sparrow Jets, reposted the story on her LinkedIn page.
She commented, “People literally went on record in The Wall Street Journal admitting they’re engaging in illegal charter…and it appears they, along with the reporter, may not even realize it!”
Experts say both buyers and sellers may not understand the safety, legal, and reputational risks.
Jessie Naor is the former president of charter operator GrandView Aviation.
She recently launched the Private Aviation Safety Alliance and addressed the article on social media.
Naor prefaced her comments, “When The Wall Street Journal casually posts illegal charter flight activity, Private Aviation Safety Alliance responds.”
She continued, “We will be submitting our research on this issue to Federal regulators as soon as possible. Operators, please be aware of this trend and check with your attorneys and insurers on how to protect yourself from these cases.”
While Naor noted the siren’s song of cheap private flights “may seem like a savvy workaround for high-cost flying,” she called the practice potentially “a serious safety and legal issue.”
Naor wrote, “Private aviation must not be the Wild West. If you’re selling or buying a seat – even via group chat – you may be breaking federal law.”
At the top of the list, experts say, is your safety.
You could be buying seats on aircraft that may not be maintained to the regulatory standards required of charter operators and fractional ownership programs.
Pilots for aircraft operating under what’s referred to as Part 91 don’t have the same duty rest or training requirements as charter operators.
Part 135 rules govern ad hoc charter and jet card flights.
Fractional operators fly under Part 91K regulations.
They have similar safety requirements to Part 135.
Owners of Part 91 aircraft have less rigorous rules regarding maintenance.
Because they are not allowed to transport people or freight commercially, the owners pay less for insurance.
That means in the case of a mishap, insurance companies could deny coverage if the aircraft was being used outside of policy.
As noted by NBAA, there are also civil penalties for what’s referred to as illegal charter.
There’s also potential scrutiny from the Internal Revenue Service over taxes that need to be collected for commercial flights.
That most of the private jet sharing is taking place on just a few high-density routes makes it easier for regulators to track, something multiple sources say is now happening.
The DOT regulates the marketing side.
The FAA monitors safety compliance.
And then the IRS wants to make sure taxes charged on commercial flights are paid.
In other words, there is scrutiny from three angles.
Stewart Herman, an aviation attorney with Aero Law Center, like many in the industry who read The Wall Street Journal article, thought there were strings left untied when it comes to the legality of what’s being done.
Per the article, which appeared in Saturday’s print edition:
‘Whether these trips comply with Federal Aviation Administration regulations is murky. Plane operators typically must be certified as Part 135 if they receive any money over their pro rata share of cost, according to aviation attorney Steve Taber. Part 135 is a section of the Federal Aviation Regulations, setting rules and safety standards for on-demand, nonscheduled operators. If aircraft operators are found in violation of these rules, they can face actions like monetary civil penalties, according to aviation attorney Mary-Caitlin Ray. Taber added that FAA officials have pursued Instagram accounts and Facebook groups where users sell private jet seats for profit.’
Herman told us:
‘As an owner or dry lessee of a private aircraft maintaining and operating the aircraft under the relaxed standards of Part 91 of the Federal Aviation Regulations, you may not charge your passengers for the flight except for certain very limited expense reimbursements.
If you do (charge), you must do it under the heightened maintenance and operating requirements of Part 135. Part 135 relates to passenger safety. This regulation is administered by the FAA, which is a safety agency. This is what the lawyers quoted in the article were discussing.
If you have chartered a flight that will be operated by a charter operator under Part 135, and you sell seats on that flight, you don’t run afoul of the FAA’s safety requirements.
However, you run afoul of the DOT’s consumer-protection regulations. The DOT says that you may not sell seats unless you are a Part 121 scheduled air carrier or a Part 380 public charter operator.’
Herman said screenshots of posts we provided from one of the WhatsApp groups were “clearly problematic.”
He provided examples of what could pass muster and what would likely be illegal.
Herman said a message such as “I would like to fly from Teterboro to Palm Beach on the morning of July 15. Is anyone out there interested in sharing the cost of a flight? If so, let me know and I’ll talk with a broker to see if a charter flight’s available and how much it would cost,” would likely be fine.
On the other hand, posting “I have booked a charter flight from Teterboro to Palm Beach for the morning of July 15. The aircraft holds eight passengers, and I’m just flying with my wife and son, so I am looking for up to five passengers, and I’ll charge $5,000 each,” would be illegal.
Herman says, “The first message is allowed because the activity is getting a group together (referred to as self-aggregation or flight interest) and then purchasing the charter flight. The second is not allowed because the activity is selling seats on a booked charter flight.”
However, lawyers say the more specific you are, the more it could appear to the DOT that you are “holding out,” which crosses the line.
Don’t put your pencil down yet.
Naor says, “When the new (Part 295) broker rules came out…there was a lot of back and forth on the interpretation of self-aggregation, and it doesn’t appear that was ever resolved officially. The DOT determines it on a case-by-case basis, so it’s not cut and dried.”
In a LinkedIn post, she wrote:
‘While the DOT allows a narrow exception for individuals to ‘self-aggregate’ and charter a small aircraft together (allowed under a single-entity charter exemption), this only applies when the group is pre-formed, private, and not advertised to the public. In contrast, if someone sends a group text, posts in a WhatsApp thread, or otherwise broadcasts seat availability to dozens or hundreds of people, that crosses into what the FAA and DOT can define as ‘holding out,’ a regulated activity requiring commercial certification.’
The NBAA white paper notes, “The standard within a given business model is not always patently clear and can be subject to prosecutorial discretion.”
Many in the industry say the Katana, FlyJets, and Eye In The Sky websites are merely commercializing something that has long been operating below the radar.
While JetSmarter, XO, and Wheels Up generated plenty of media coverage, they were only trying to capitalize on what has been happening for decades.
Deals between individuals selling unused seats on private jet flights and unused jet cards and fractional hours have long existed.
Pre-Internet, they were transacted between neighbors, co-workers, and golf club buddies.
One executive quoted the late Secretary of Defense Donald Rumsfeld, calling the breadth of the informal agreements a “known unknown.”
Social media expanded the practice via online groups.
While major players have not cracked the code, the start-ups believe that’s due to the fragmented nature of the private aviation market.
The five largest operators in the U.S., measured by charter and fractional flight hours, have just over 20% of the market for total flight hours.
The 30 largest only have about 30%.
In other words, the big players don’t have the critical mass on specific routes to make it work.
Whether the latest trio can make it work remains to be seen.
45% of total flight hours in the U.S. last year were operated under Part 91, according to ARGUS TraqPak.
Fractional operators that fly under Part 91k make up another chunk.
Lawyers say there are no legal avenues to commercially resell seats, places, spaces, whatever they want to call them, on flights operated under either Part 91 or Part 91K.
The nature of how Part 135 charter flights are sold makes for a tricky path if you intend to offset expenses by selling empty seats in a way that complies with the law.
HCH Legal’s Greg Cirillo, who advised FlyJets, says, “The regulatory hoops that make it difficult to resell seats on a booked charter flight are there for good reasons. The steps necessary to clear those hoops are all for consumer benefit. It’s not a case where the rules are archaic and obstructive.”
Representatives of the three jet-sharing websites, Katana, FlyJets, and Eye In The Sky, say they have structured their businesses so they won’t have legal issues.
Both Katana and Eye In The Sky say that, as platforms, it is up to users to ensure their compliance with both the law and the rules of their flight programs.
The websites say sharing is just part of what they do.
Katana’s most recent PR effort started earlier this year with an outside agency contacting me in January.
The pitch:
‘Katana is the perfect solution for travelers seeking convenience and luxury. The platform enables last-minute travel plans and provides flexible options, ensuring that you can reach your destination without the hassles of commercial flights. Katana’s unique inventory provides travelers with luxury aviation options while addressing the industry’s efficiency challenges, particularly during peak travel times.’
The top benefit listed was “buying and selling seats on private planes.”
Katana has listings of empty-leg private jet flights.
It also lists the semi-private flights offered by JSX, Aero, Slate, and pet-sharing flights from Bark.
Earlier this year, Founder Bryan Verona said Katana would add first and business class booking.
“As for (private jet) seats, we assist members looking to self-aggregate by allowing them to connect with other members who have the same flight intentions and are looking to share a charter-flight interest,” Verona says.
He adds, “We don’t allow members to offer seats on planes they have chartered at a price, but instead offer to connect them to share information without our participation.”
In early June, Katana emailed members telling them, “As we continue to grow and refine our operations, we want to keep you informed about some important updates to better align with current regulations.”
The email continued, “The one service in our offering that falls into the regulatory’ grey area’ is members listing seats for sale; Our commitment is to operate with transparency, integrity, and strict adherence to all regulatory standards-never stepping over any line, especially a fuzzy one.”
The email advised Katana members:
‘As such, we are making changes to how we describe and manage the sharing of seats on members’ Part 135 charter flights. Here’s what you need to know:
Updated Terminology: From ‘Sell’ to ‘Share’
Instead of referring to ‘selling’ seats, we will now use the term ‘sharing’ seats. This better reflects the nature and purpose of Katana.
Eliminating Per-Seat Pricing in Public Communications
We are removing specific per-seat pricing on Members’ seats. When sharing seats on a charter, the flight’s initiator may provide cost-sharing details (taxes, fees, etc.) with the interested member.
Recommendation: Create or Join a Member Group
To protect the private nature of your charters, we recommend organizing your charter flights with Friends or Groups you belong to by selecting ‘Private.’
You can:
– If you haven’t already, invite Friends to join your network so they will see your private flights and you can see theirs.
– Join a relevant Group, such as Aspen Extreme or similar communities, where members have a common purpose or interest. Just ask me and I’ll let you know how.
– Establish a new Group if one doesn’t already exist, tailored to your travel preferences.
We asked Verona about how, if at all, it prevents members from listing flights that would violate DOT or FAA rules and regulations.
He told us, “Our terms and conditions push the responsibility to members. We don’t have pricing, and ask our members to connect with each other to self-organize.”
Verona told us the website does not allow for the resale of jet cards or fractional flight hours.
By the way, a Katana is a long, single-edged sword used by Japanese samurai.
In March, FlyJets launched its latest PR initiative.
From a press release on BusinessWire:
‘Charter aviation marketplace and exchange FlyJets has announced the pre-launch of its secondary exchange, which enables peer-to-peer sales of spaces on charter flights, extra jet card hours, and the transfer of pre-purchased empty legs.’
Included is “both real-time bidding – in addition to outright purchasing – and time-based auction features for listed assets on the app.”
The release gives an example of how the service works:
‘Flyer books a flight from, for example, Teterboro to Opa-Locka on a super-midsize jet for $20,000.00 via FLYJETS’ marketplace (or elsewhere); Flyer – in partnership with the Aircraft Provider of the said flight – re-sells three spaces on the flight for a total cost of $9,000, reducing his/her overall spend to $11,000.’
FlyJets CEO Jessica Fisher says, “We currently have a waitlist of more than 350 people, in addition to our FlyJets user base of about 30,000 flyers and close to 100 dedicated members.”
There is also a traditional charter brokerage arm.
FlyJets is also a full-service, IATA-certified travel agency.
One concept involves selling empty legs, where aircraft return to base, by pairing two members traveling in opposite directions.
Fisher says the company has put reselling jet card hours on the back burner for now.
Virtually all jet card contracts forbid the resale or transfer of hours without written permission.
Of course, the main attraction is being able to share flights.
Fisher says that the way FlyJets enables customers to transact is within the applicable government regulations.
In a written statement, Fisher told us:
‘The FlyJets Exchange facilitates multi-customer charters using two methods, each of which is expressly permitted by laws and regulations administered by the US DOT and FAA. First, the Exchange allows members to match their itineraries and form a group, and then the group books a charter flight. This is recognized by the FAA as “self-aggregation” where charter costs are shared among multiple passengers under a single-entity charter, as defined at 14 CFR Section 295.5(h).
Second, the Exchange allows a single-entity charter booking to be converted into a public charter that can be offered and sold to the public (or, in this case, members of the Exchange). A public charter is recognized and regulated by the DOT (under 14 CFR Part 380) as a lawful way to offer and sell by-the-seat transportation.
In both scenarios, the flights are operated by FAA-certificated Part 135 air carriers. In the case of public charters, the transportation is offered by a public charter operator working with the Part 135 direct air carrier. The Exchange is an interface and application that facilitates these charter flights and does not offer nor provide transportation services itself.’
Fisher says FlyJets contacts members after they post a sharing opportunity to ensure that what they are posting is compliant with regulations.
Currently, there are no apparent warnings or alerts that would help platform users understand what they can and cannot post.
Fisher plans to address that by adding educational content soon.
The initial pitch by Eye In The Sky’s Ducote back in May boasted, “We have lots of FlexJet, NetJet(s), and other fractional owners and jet card clients on our platform.”
NetJets and Flexjet are the two largest private jet flight providers in the U.S., measured by charter and fractional flight hours.
While principally flying under Part 91K, both do operate flights under Part 135.
A spokesperson for the unit of Berkshire Hathaway says, “NetJets’ agreements with our customers prohibit the selling of hours or seats to ensure compliance with all applicable FAA and IRS regulations. An inherent benefit of the NetJets program is that an owner can choose who uses their share or card. Upon request, we can coordinate the sharing of costs between NetJets customers’ contracts, but the selling of hours or seats is expressly prohibited.”
A Flexjet spokesperson says, “Although our fractional owners own the asset, as the operator of the flight, selling seats on their aircraft — even if the titled owner is present — is not a practice we condone, help to facilitate, or believe to be in alignment with the intent of FAA regulations.”
Initially, Ducote emailed, “[We’re] preparing to market our network more broadly, and I’d love to have a conversation with you to tell you a little bit more about Eye In The Sky.”
He added, “Eye In The Sky was born-not as a pitch deck, but as a purpose-built solution for a broken system.”
His pitch:
‘Eye In The Sky is an exclusive marketplace with a verified community of private jet owners, operators, and flyers where members can seamlessly buy and sell seats or empty legs, all on a single integrated platform.
Alternatively, if you can’t find the flight you’re looking for, you can post a Flight Interest, creating a group chat within the platform to connect with others of similar searches and needs-letting the demand create the supply!
Whether you’re a frequent first-class flyer looking to enjoy all the benefits and convenience of private aviation without the full cost of chartering an entire aircraft, or a private jet owner, fractional owner, charter customer, or private jet card holder wanting to offset costs by offering your available seats, this platform is your one-stop shop.’
Ducote says Eye In The Sky is an evolution of several WhatsApp groups he started.
Screenshots provided by Private Jet Card Comparisons of an online group where Ducote is one of the administrators show members posting specific routes, with departure and arrival airports, dates, date ranges, exact time slots, and per-seat pricing.
In some cases, they state the programs that are operating the flight, something that would violate program rules and could be an illegal charter.
We asked Ducote on June 12th and 19th how his website handled regulatory compliance issues that appeared in the online groups.
Ducote did not respond to our questions until after The Wall Street Journal’s article was published, when we contacted him again.
Ducote then referred us to Anthony Fatone, who is president of sales for Eye In The Sky.
The founder also said he considered his emails to be off-the-record.
He did not want to be named in the article.
However, it wasn’t until his fourth email that Ducote said he wanted to remain behind the scenes.
We never agreed that our email exchanges were off-the-record or that he would not be included by name.
In Fatone’s response to us, he answered our questions.
He provided screenshots showing the joining process for the Eye In The Sky website.
Members posting interests need to check a box which states, “I certify this flight is operated in compliance with all FAA rules, regulations, and requirements.”
Fatone added, “We do not determine anything regarding flights. We also don’t provide regulatory compliance advice for platform users.”
He wrote, “The most glaring difference I want to point out between sites you are likely looking at and Eye In The Sky is we don’t sell anything! We are a private aviation membership community platform.”
Fatone continued, “We are a software-as-a-service business. We don’t create flights, but are rather a private network open marketplace. Flyers – buyers – directly contact Hosts – sellers, but Hosts – sellers – also directly contact Flyers -buyers.”
Fatone wrote, “Hosts must acknowledge and accept our terms and conditions, privacy policy, and legal pages confirming they are in operational control of any flights they post and are fully compliant with FAA regulations – Part 135, 91, or other.”
He believes, “This indemnifies us for non-compliance.”
He added, “Travel sold on Eye In The Sky, be it charter, empty leg sales, or per seat charter, is generally on flights operated under Part 135, not Part 91 or 91k. Additionally, there are limited circumstances in which limited reimbursement of expenses is permitted under Part 91.”
Naor wrote on LinkedIn, “In aviation, true cost-sharing refers to a limited exception under FAA rules that allows private – non-commercial, Part 91 – pilots to share the direct operating expenses of a flight with their passengers. This applies only under strict conditions: the pilot cannot make a profit, all parties must have a common purpose, and the pilot must pay their pro-rata share. This is typically used by private individuals flying for personal reasons, not by operators or charter customers.”
As to members violating their program’s rules, Fatone told us, “We are not a party to contracts our users may have entered, other than their agreements with Eye In The Sky. Users are solely responsible for ensuring the activity they engage in on our platform does not violate any contractual obligations they may have to third parties.”
In terms of Ducote’s role as an administrator to several of the online groups, Fatone wrote, “There are a number of administrators on these other mediums, but there remains no control as to who is present, or what gets said there, creating a number of questions and concerns surrounding security, privacy and infinite issues on endless scrolling; a very inefficient way to connect and spend your time.”
Fatone said security and privacy issues, as well as endless scrolling, are reasons members pay to join the website.
“Eye In The Sky doesn’t have those problems, as we are not open to the public,” he says.
Like the others, Eye In The Sky executives say they have had what they are doing scrutinized by lawyers, and believe what they are doing is beneficial to the industry.
Sources tell Private Jet Card Comparisons that there have been multiple complaints filed with the regulators about online groups, something also mentioned by The Wall Street Journal.
How cognizant participants are of the rules and when they could be crossing the line is hard to tell.
An executive with one aircraft management company said he was aware of a private jet owner who moved his aircraft to another management company after being warned about allegedly selling seats.
He was not aware of how the management company discovered the potential illegal activity; however, pilots perhaps have the most at stake, something jet owners need to consider.
A former private aviation pilot posting on Dalton’s LinkedIn thread wrote, “I flew a Falcon 2000LX owned by a billionaire and managed by one of the biggest jet management companies in the country. We were doing mysterious trips for ‘friends’ of the owner, and it sure looked like bootleg charter to me. The pilots were not involved. We were just told where to fly and when.”
The NBAA notes, “Pilots typically receive actions to suspend or revoke their airman certificates regardless of what they are told or whether they genuinely believe the operations to be lawful.”
Another poster added, “Have we learnt nothing since the tragic loss of Emiliano Sala in January 2019?”
While the European football star was not buying seats, the aircraft flying him and the pilot were not licensed for commercial operations.
A third respondent wrote, “I’ve come across so many illegal charters over the years, and it just makes my head ache when I think that most of the passengers do not even realize the risk they are taking.”
One aircraft management company executive said owners who adhere to the rules and spend the additional money to comply with Part 135 regulations, including pilot training and maintenance, are among those filing reports to the regulators.
Several insiders say the sharing of private jet flights ballooned during the COVID-19 surge in demand.
New consumers entered the market.
Existing customers invited a longer list of guests.
Owners of private jets can fill the seats with guests, provided they are not receiving compensation.
Fractional owners, jet card, and whole aircraft charter customers can do the same.
However, aviation attorneys say compensation is not just being paid in cash.
Flying someone in exchange for using their house at the lake would be the same as getting cash.
During the COVID-19 pandemic, the number of new and different names on flight manifests increased significantly.
Private flyers invited neighbors and their children who were at high risk.
They gave elderly parents of friends a ride to avoid crowded airport terminals.
The practice, they say, extended as airlines took the better part of three years to restore flights across their networks.
Several industry executives theorize that much of the activity started innocently.
It has since evolved into commercial relationships that would fall into the category of illegal charter.
One jet card executive with a large player says his firm does monitor activity.
It looks for a constant rotation of names on the manifest and switching lead passengers.
The fast answer is it’s hard to tell until they act.
In 2018, Business Insider wrote about a new entrant into private aviation.
The business website wrote, “The same way that Uber and Lyft offer lower-cost fares that match you with riders going your same direction, BlackBird matches passengers on the BlackBird app with pilots that are already flying toward their desired destination.”
You could book the entire airplane or just seats.
Prices for short hops started under $100.
Back in March 2019, BlackBird announced it had raised $10 million.
In the press release, Founder and CEO Rudd Davis wrote:
‘We started BlackBird to make personal aviation as accessible and affordable as driving. Today, I’m excited to announce, we’ve taken another huge step toward making this a reality with the close of a $10 million Series A. BlackBird is the world’s first aviation marketplace, connecting planes, pilots, and people…This means you can simply choose your plane, your pilot, and go! Or you can hop on a flight that’s already going. In just the past month, we’ve added hundreds of planes and pilots to the platform, giving you more options and the lowest prices.’
Davis was correct in that the platform was easy to use.
I tried it out.
I was able to complete a transaction in minutes.
However, I was not booking a charter flight.
When I hit the buy button, I had entered into a dry lease.
That meant I was assuming operational control.
With that comes legal responsibility for everything related to the flight.
That includes ensuring the aircraft was appropriately insured.
BlackBird’s terms and conditions spanned over 10,000 words across multiple documents.
The bottom line was that BlackBird was a platform.
It took no responsibility for what was bought and sold on its website.
By December, the FAA had written to the company’s lawyers.
The FAA wrote, “Despite BlackBird’s assertion that the pilots are not transporting persons or property, it is clear that they are being hired for that very purpose.”
In response, Davis said BlackBird would “pause” the activity under FAA scrutiny.
He called it “a minority of our business.”
In early 2020, Surf Air bought BlackBird for its technology.
In February 2022, amid industry concerns about illegal charter, the FAA issued a notice.
The FAA wrote, “Unauthorized 135 operations continue to be a problem nationwide, putting the flying public in danger, diluting safety in the national airspace system, and undercutting the business of legitimate operators.”
As the NBAA noted, the fines for breaking the rules can be steep.
Last year, a North Carolina entity paid $700,000 to settle allegations concerning operating illegal charter flights.
Earlier this year, charter broker Linear Air alleged that four other brokers had violated DOT rules.
So far, there has been no apparent action.
Yes, big players like Wheels Up, XO, and Jet Linx have pulled back on the concept.
FlyJets’ Fisher is still bullish about the future of flight-sharing, and not just between Aspen, Florida, and New York.
She envisions a new landscape once the industry unlocks the potential of urban mobility via eVTOLs.
Fisher tells us:
‘We have seen the positive effects of markets going electronic play out many times in the past – for instance, when the stock market first went electronic in the 1970s, and the New York Mercantile Exchange in the early ’90s and 2000s; when eBay began offering online asset auctions in 1995; and when StubHub began to facilitate ticket re-sales in 2000 and StreetEasy began publicizing home prices, albeit, without electronic transaction capabilities, in 2006.
When a market goes electronic, prices and details associated with specific assets can be easily seen by anyone, pricing becomes fairer, spreads get thinner, barriers to entry become lower, and, as a result, the marketplace operates more efficiently. Transparency promotes a large viewership, increased participation and effectiveness. This is why, in my belief, the charter industry of the future needs an electronic forum.’
While the prospect of flying privately on the cheap or offsetting costs sounds enticing, a veteran aviation attorney is less enthusiastic.
Amanda Applegate was previously in-house at NetJets before launching Soar Aviation.
She says, “I don’t think most people who are using chat groups to share rides on aircraft understand how complicated and regulated these types of activities are.”
Applegate adds, “The regulations exist to keep people safe. When they are violated by accepting payments like these, there are steep civil penalties on a per-flight basis.”
The downsides are big.
“If there is an incident or accident, the insurance claim can be denied if the flight was operated illegally,” she notes.
Before the change of administrations in Washington, D.C., in January, Part 380 was under scrutiny.
Part 121 airlines and labor unions had pushed those efforts and were particularly targeting JSX.
So, how much does it cost to join the private jet crowdsourcing websites?
Eye In The Sky is $65 per month.
You have to apply and go through a “quick biometric, ID, and background check process.”
Katana has free and paid access.
The paid membership starts at $10 per month or $100 per year.
FlyJets charges $70 per month or $720 per year.
The trio is not alone.
Other websites offer their versions of Match.com for sharing, including destination-focused sites such as Los Cabos-headed flyers.
Some have gone away, such as BlackBird.
Some have pulled back, such as Blade and XO.
Others have stopped offering their versions of jet-sharing, such as Jet Linx and Wheels Up.
There are also a handful of companies that operate as Part 380 public charters in a way that resembles the Part 121 airlines like American, United, and Delta.
JSX and Aero are examples. The significant benefit is using private terminals.
Slate Aviation is a similar new entrant.
Others, such as Tradewind Aviation, fly under different rules based on size and type of aircraft.
Overall, Private Jet Card Comparisons tracks over a dozen jet-sharing options, excluding the social media groups.
Naor’s Private Jet Safety Alliance offers both free and paid services.
You can search the safety records of Part 135 charter operators.
The paid service costs $150 per year.
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