[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: 14CFR221.107]



[Page 73-74]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

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

                         (AVIATION PROCEEDINGS)

 

PART 221_TARIFFS--Table of Contents

 

   Subpart K_Availability of Tariff Publications for Public Inspection

 

Sec. 221.107  Notice of contract terms.



    (a) Terms incorporated in the contract of carriage. (1) A ticket, or 

other written instrument that embodies the contract of carriage for 

foreign air transportation shall contain or be accompanied by notice to 

the passenger as required in paragraphs (b) and (d) of this section.

    (2) Each carrier shall make the full text of all terms that are 

incorporated in a contract of carriage readily available for public 

inspection at each airport or other ticket sales office of the carrier: 

Provided, That the medium, i.e., printed or electronic, in which the 

incorporated terms and conditions are made available to the consumer 

shall be at the discretion of the carrier.

    (3) Each carrier shall display continuously in a conspicuous public 

place at each airport or other ticket sales office of the carrier a 

notice printed in large type reading as follows:



                      Explanation of Contract Terms



    All passenger (and/or cargo as applicable) contract terms 

incorporated into the contract of carriage to which this company is a 

party are available in this office. These provisions may be inspected by 

any person upon request and for any reason. The employees of this office 

will lend assistance in securing information, and explaining any terms.

    In addition, a file of all tariffs of this company, with indexes 

thereof, from which incorporated contract terms may be obtained is 

maintained and kept available for public inspection at. (Here indicate 

the place or places where tariff files are maintained, including the 

street address and, where appropriate, the room number.)



    (4) Each carrier shall provide to the passenger a complete copy of 

the text of any/all terms and conditions applicable to the contract of 

carriage, free of charge, immediately, if feasible, or otherwise 

promptly by mail or other delivery service, upon request at any airport 

or other ticket sales office of the carrier. In addition, all other 

locations where the carrier's tickets may be issued shall have available 

at all times, free of charge, information sufficient to enable the 

passenger to request a copy of such term(s).

    (b) Notice of incorporated terms. Each carrier and ticket agent 

shall include on or with a ticket or other written instrument given to 

the passenger, that embodies the contract of carriage, a conspicuous 

notice that:

    (1) The contract of carriage may incorporate terms and conditions by 

reference; passengers may inspect the full text of each applicable 

incorporated term at any of the carrier's airport locations or other 

ticket sales offices of the carrier; and passengers, shippers and 

consignees have the right to receive, upon request at any airport or 

other ticket sales office of the carrier, a free copy of the full text 

of any/all such terms by mail or other delivery service;



[[Page 74]]



    (2) The incorporated terms may include, among others, the terms 

shown in paragraphs (b)(2) (i) through (iv) of this section. Passengers 

may obtain a concise and immediate explanation of the terms shown in 

paragraphs (b)(2) (i) through (iv) of this section from any location 

where the carrier's tickets are sold.

    (i) Limits on the carrier's liability for personal injury or death 

of passengers (subject to Sec. 221.105), and for loss, damage, or delay 

of goods and baggage, including fragile or perishable goods.

    (ii) Claim restrictions, including time periods within which 

passengers must file a claim or bring an action against the carrier for 

its acts or omissions or those of its agents.

    (iii) Rules about re-confirmations or reservations, check-in times, 

and refusal to carry.

    (iv) Rights of the carrier and limitations concerning delay or 

failure to perform service, including schedule changes, substitution of 

alternate carrier or aircraft, and rerouting.

    (c) Explanation of incorporated terms. Each carrier shall ensure 

that any passenger can obtain from any location where its tickets are 

sold or any similar documents are issued, a concise and immediate 

explanation of any term incorporated concerning the subjects listed in 

paragraph (b)(2) or identified in paragraph (d) of this section.

    (d) Direct notice of certain terms. A passenger must receive 

conspicuous written notice, on or with the ticket, or other similar 

document, of the salient features of any terms that restrict refunds of 

the price of the transportation, impose monetary penalties on customers, 

or permit a carrier to raise the price or impose more restrictive 

conditions of contract after issuance of the ticket.