[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR212.5]



[Page 32]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 212_CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS--Table 

of Contents

 

Sec. 212.5  Operation of affinity (pro rata) charters.



    An affinity (pro rata) charter operated by a certificated or foreign 

air carrier must meet the following criteria:

    (a) The aircraft must be chartered by an organization, no part of 

whose business is the formation of groups for transportation or 

solicitation or sale of transportation services, for the purpose of 

providing air transportation to its members and their immediate 

families.

    (b) The charter must be organized by the organization itself, or by 

a person or company who acts not as a principal, but as an agent for the 

chartering organization or the certificated or foreign air carrier.

    (c) No solicitation, sales, or participation may take place beyond 

the bona fide members of an eligible chartering organization, and their 

immediate families (spouse, children, and parents). All printed 

solicitation materials shall contain the following notice in boldface, 

10-point or larger type--

    Some of the Federal rules that protect against tour changes and loss 

of passengers' money in publicly sold charters do not apply to this 

charter flight.

    (d) ``Bona fide members'' are members of an organization who: Have 

not joined the organization merely to travel on a charter flight; and 

who have been members of the chartering organization for a minimum of 

six months prior to the date of commencement of the affected flight; 

provided, that the ``six month'' rule does not apply to:

    (1) Employees of a single commercial establishment, industrial 

plant, or government agency, or

    (2) Students and employees of a single school.

    (e) The charter price due the direct air carrier shall be prorated 

equally among all the charter passengers, except that children under 12 

may be offered discounted or free transportation.

    (f) The certificated or foreign air carrier shall make reasonable 

efforts to assure that passengers transported meet the eligibility 

requirements of this section. The certificated or foreign air carrier 

shall also obtain (no later than the date of departure), and maintain 

for two years, a certification by an authorized representative of the 

chartering organization that all passengers are eligible for 

transportation under this section.