[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR380.31]

[Page 402-403]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 380--PUBLIC CHARTERS--Table of Contents
 
         Subpart C--Requirements Applicable to Charter Operators
 
Sec. 380.31  General requirements for operator-participant contracts.

    (a) Except for telephone sales for which payment is made by credit 
card as described in paragraph (b) of this section, the charter operator 
shall not accept payment from or on behalf of a prospective participant 
unless the participant has agreed to the conditions of the charter by 
signing an operator-participant contract as described in Sec. 380.32. If 
a member of a group that will travel together pays for the group, that 
member may sign the contract on behalf of the group.
    (b) For telephone sales only, the charter operator may accept 
payment by credit card without the participant having first signed an 
operator-participant contract provided that the charter operator first 
advises the customer:
    (1) That he or she has the right to receive the operator-participant 
contract before making a booking;
    (2) That the operator-participant contract will be mailed to the 
participant within 24 hours of accepting payment by credit card; and
    (3) That the operator-participant contract must be signed, and the 
signed portion returned to the operator, before travel.
    (4) A full refund must be made of any amounts charged to a credit 
card for any participant who cancels before the operator-participant 
contract is signed.
    (c) The contract form may include a space that participants may 
check to authorize the charter operator to retain their money while 
attempting to make other arrangements for them if there is no space 
available on the flight or on specific alternative flights they have 
requested.
    (d) If there is no space available on the flight or specific 
alternative flights requested by the participant the operator shall 
return all the participant's money within 7 days after receiving it 
unless the participant, in accordance

[[Page 403]]

with paragraph (c) of this section, has authorized the operator to 
retain the payments while the operator attempts to make other 
arrangements for the participant. If the operator retains the payments 
while attempting to make other arrangements for the participant, it 
shall notify the participant of the fact within 7 days after receiving 
the payments, but in no event later than the departure. For the purpose 
of the time periods in this paragraph, receipt of money by a travel 
agent on behalf of a charter operator will not be considered as receipt 
by the operator.
    (e) Except as set forth in Sec. 380.33a for operator's option plan 
contracts, the operator-participant contract shall not specify 
alternative dates for the outbound or return flights, or alternative 
origin or destination cities for any flight leg.
    (f) The contract form shall be printed in 7-point or larger type. 
The statements required by paragraph (a), (f), (h), (l), (r), (s), and 
(x) of Sec. 380.32 shall be printed so as to contrast with the rest of 
the contract by the use of bold-faced type, capital letters, or a type 
size that is at least 50 percent larger than that used for the rest of 
the contract.
    (g) The contract form shall include a space that participants may 
check to indicate that they wish to be furnished details of trip 
cancellation, health, and accident insurance.
    (h) The contract form shall be designed so as to enable participants 
to retain a copy of the general terms and conditions after signing it. 
The specific information supplied by participants (such as choices of 
dates, cities, or other options) need not be retainable.