§ 206.2 Omission of stop at route junction points. Notwithstanding the provisions of section 401(a) of the act, an air carrier on any flight which is regularly scheduled to be operated between points on two or more of its certificated routes, via a junction point of such routes, may omit a stop at such junction point whenever weather conditions at such junction point otherwise would require the cancellation or postponement of any portion of such flight. (Secs. 204, 416, 72 Stat. 743, 771; 49 U.S.C. 1324, 1386) [ER-246, 24 FR 95, Jan. 6, 1959] § 206.3 Transportation of newsmen by allcargo carriers. Notwithstanding the provisions of sections 401(a) and 403 of the Act and Part 221 of the Board's economic regulations, an air carrier holding a certificate of public convenience and necessity for the transportation of property and mail only may provide transportation to persons between points in its certificate on regularly scheduled cargo flights for the purpose of collecting data for preparation of feature news, pictorial or like articles provided that: (a) The transportation is limited to the writer, journalist, or photographer engaged in the preparation of data for use in feature news, pictorial, or like articles which are to appear in newspapers or magazines, or on radio or television programs and which will publicize the regularly scheduled cargo operations of the carrier; (b) The air carrier shall collect from each person transported the lowest individual adult fare in effect by any carrier authorized to transport persons in regularly scheduled passenger service between the points involved; (c) The air carrier shall file with the Board's Bureau of Pricing and Domestic Aviation, at least 10 days before commencement of the transportation, a notice setting forth the name and affiliation of the writer, journalist or photographer, the routing to be followed, and the amount of fare to be collected. 207.2 Applicability of part. 207.3 Scope of authorization. 207.4 Payments to persons receiving commissions. 207.4a Written contracts with charterers. 207.7 Charter trips and other special services within the State of Alaska. 207.8 Notice of proposed special services. 207.9 Records and record retention. 207.10 Reports of emergency commercial charters for other direct carriers. 207.11 Charter flight limitations. 207.13 Terms of service. 207.14 Substitute transportation in emergencies. 207.15 Payments, gratuities and donations. 207.16 Waiver. 207.17 Protection of customers' deposits. 207.18 Baggage liability. 207.19 Transportation of persons who may need help during aircraft evacuation. Subpart B-Provisions Relating to Pro Rata Charters 207.20 Applicability of subpart. REQUIREMENTS RELATING TO AIR CARRIERS 207.21 Solicitation and formation of a chartering group. 207.22 Pretrip notification and charter contract. 207.23 Agent's commission. 207.24 Statement of Supporting Information. 207.25 Charter trips originating in the United States. 207.26 Air carrier to identify enplanements. REQUIREMENTS RELATING TO TRAVEL AGENTS 207.30 Prohibition against double compen sation. 207.31 Statement of Supporting Information. REQUIREMENTS RELATING TO CHARTERING ORGANIZATION 207.40 Solicitation of charter participants. 207.41 Passengers on charter flights. 207.42 Participation of immediate families in charter flights. Sec. 207.43 Charter costs. 207.44 Statement of charges. 207.45 Passenger lists. 207.46 Application for a charter. 207.47 Statement of Supporting Information. Subpart C-Provisions Relating to Single Entity Charters 207.50 Applicability of subpart. 207.51 [Reserved] 207.52 Commissions paid to travel agents. 207.53 Statement of Supporting Information. Subpart D-Provisions Relating to Mixed Charters 207.60 Applicable rules. Subpart E-Direct Sales by Air Carriers 207.70 Applicability of subpart. STATEMENT OF SUPPORTING INFORMATION AUTHORITY: Secs. 204, 401, 403, 404(b), 407, 411, 416(b), 72 Stat. 743, 754 (as amended by 76 Stat. 143, 82 Stat. 867), 758 (as amended by 74 Stat. 445), 760, 766, 769, 771; 49 U.S.C. 1324, 1371, 1373, 1374, 1377, 1381, 1386 unless otherwise noted. SOURCE: ER-802, 38 FR 14157, May 30, 1973, unless otherwise noted. As used in this part, unless the context otherwise requires: "All-cargo carrier" means an air carrier holding a certificate of public convenience and necessity issued pursuant to section 401(d) (1) or (2), which authorizes the carriage of property only or property and mail only. "Base Revenue Plane Miles" means revenue mileage operated by an air carrier in scheduled services, extra sections, and on-route charter trips or special services. "Base revenue seat-mile" means the total available revenue seat-miles on flights operated by an air carrier in scheduled services, extra sections, and on-route charter trips or special services. "Charter flight" means air transportation performed in accordance with § 207.11. "Charter group" means that body of individuals who shall actually participate in the charter flight. "Charter organization" means that organization, group, or other entity from whose members (and their immediate families) a charter group is derived. "Charter trip" means air transportation performed in accordance with § 207.11. "Combination carrier" means an air carrier holding a certificate of public convenience and necessity issued pursuant to section 401(d) (1) or (2) which authorizes the carriage of persons, property and mail property only. or persons and "Islands of the Caribbean" means points in Jamaica, the Bahama Islands, Bermuda, Haiti, the Dominican Republic, Puerto Rico, the Virgin Islands, Trinidad and Tobago, the Cayman Islands, Aruba, the Leeward and Windward Islands, Barbados, and Curacao. "Mixed charter" means a charter, the cost of which is borne, or pursuant to contract may be borne, partly by the charter participants and partly by the charterer. "Point" means any airport or place where an aircraft may be landed or taken off, including the area within a 50-mile radius of such airport or place. "Pro rata charter" means a charter, the cost of which is divided among the passengers transported. "Single entity charter" means a charter, the cost of which is borne by the charterer and not by individual passengers, directly or indirectly. "Special services" are all services rendered in air transportation which are authorized by section 401(e)(6) of the Act by an air carrier holding a certificate of public convenience and necessity other than (1) services rendered in air transportation over the route or routes designated in its certificate(s), (2) charter services as defined in this section, and (3) services authorized by special exemption under section 416(b) of the Act. "Travel agent" means any person engaged in the formation of groups for transportation or in the solicitation or sale of transportation services. (Secs. 204, 401, 418, Federal Aviation Act of 1958, as amended, 72 Stat. 743, 754, 91 Stat. 1278, 49 U.S.C. 1326, 1371, 1388) [ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1075, 43 FR 42740, Sept. 21, 1978; ER-1190, 45 FR 53363, Aug. 11, 1980] § 207.2 Applicability of part. This part shall apply to all air carriers (other than Alaskan air carriers and air carriers certificated for supplemental air service) who hold currently effective certificates of public convenience and necessity issued by the Board pursuant to section 401 of the act. § 207.3 Scope of authorization. Charter trips and other special services may be performed by air carriers, subject to the limitations and regulations set forth in this part. The limitations and regulations herein specified as applicable to charter trips shall be applicable to all charter trips regardless of whether the authority to conduct such trips derives from section 401(e)(6) of the Act or the carrier's certificate of public convenience and necessity or from a special or general exemption issued by the Board. [ER-1190, 45 FR 53363, Aug. 11, 1980] § 207.4 Payments to persons receiving commissions. Payments for a U.S. originating charter flight made to any person to whom the carrier, directly or indirectly, has paid a commission or has agreed to pay a commission for that flight shall be considered payments to the carrier. (Secs. 102, 204, 403, and 416 of the Federal Aviation Act of 1958, as amended by Pub. L. 95-504, 72 Stat. 740, 743, 758, 771, 92 Stat. 1731, 1732; 49 U.S.C. 1302, 1324, 1373, and 1386) [ER-1126, 44 FR 33053, June 8, 1979] § 207.4a Written contracts with charterers. Every agreement to perform a charter trip, except charters for the Department of Defense, shall be in writing and signed by an authorized representative of the air carrier and the charterer prior to operation of a charter flight: Provided, That where execution of a contract prior to commencement of flight is impracticable because the charter has been arranged on short notice, compliance with the provision hereof shall be effected within seven (7) days after commencement of the flight. The written agreement shall include, without limitation: (a) Date and place of execution of the contract or agreement; (b) Signature, printed or typed name of each signatory, and official position of each; (c) Dates of flights and points involved; (d) Type and capacity of aircraft: Number of passenger seats available or pounds of cargo capacity; (e) Rates, fares, and charges applicable to the charter trip, including the charter price, live and ferry mileage charges, and layover and other nonflight charges; and (f) The name and address of either the surety whose bond secures advance charter payments received by the carrier or of the carrier's depository bank to which checks or money orders for advance charter payments are to be made payable as escrow holder, pending completion of the charter trip. (g) A statement that unless the charterer files a claim with the carrier, or, if he is unavailable, with the surety, within sixty (60) days after the cancellation of a charter trip with respect to which the charterer's advance payments are secured by the bond, the surety shall be released from all liability under the bond to such charterer for such charter trip (see § 207.17(e)). (Secs. 102, 204, 403, and 416 of the Federal Aviation Act of 1958, as amended by Pub. L. 95-504, 72 Stat. 740, 743, 758, 771, 92 Stat. 1731, 1732; 49 U.S.C. 1302, 1324, 1373, and 1386) [ER-809, 38 FR 20254, July 30, 1973, as amended by ER-1126, 44 FR 33053, June 8, 1979] § 207.7 Charter trips and other special services within the State of Alaska. An air carrier shall not perform any charter trip or other special service in interstate air commerce within the State of Alaska. § 207.8 Notice of proposed special services. No air carrier shall perform any special service in interstate, overseas or foreign air transportation unless at the time of filing of a tariff applicable to such special service or at the time of filing of an application for a special tariff permission, such air carrier shall have submitted to the Board a statement setting forth a full description of the proposed service and shall have mailed copies thereof to the air carriers authorized by certificates of public convenience and necessity render service to any point designated to receive the proposed special service. The proposed special service shall not be inaugurated if prior to the effective date of the tariff applicable to such special service, or at the time of action on the application for special tariff permission, the Board shall have notified such air carrier that the performance of such special service does not appear to be consistent with the public interest. § 207.9 Records and record retention. Each air carrier shall obtain and retain the following records in accordance with Part 249 of this subchapter: (a) A record of the names, addresses, and telephone numbers of all passengers transported on each pro rata charter trip. (b) A copy of every charter contract. (c) Every statement of supporting information and proof of the commission paid to any travel agent for each pro rata charter trip. (d) The written confirmation, and accompanying passenger list, received from another carrier pursuant to § 207.25; and a copy of its written request, and accompanying passenger list, to such other carrier for such confirmation. § 207.10 Reports of emergency commercial charters for other direct carriers. Each air carrier that performs an emergency charter transporting commercial traffic for another direct carrier shall file a report with the Bureau of Domestic Aviation within 30 days following each charter trip, containing the following information: (a) Name of direct carrier performing the charter and name of direct carrier for which the charter was performed; (b) Date of flight or flights; (c) Points of origin and destination, and intermediate points, in any; (d) Number of passengers and/or tons of cargo transported; (e) Description of circumstances creating the emergency; (f) Date of initial contact by the chartering carrier regarding the charter; (g) Reasons why the traffic in question was not or could not be carried by other carriers certificated to serve the particular market. NOTE: The reporting requirements contained in § 207.10 have been approved by the U.S. General Accounting Office under No. B-180226 (R0107). [FR-802, 38 FR 14157, May 30, 1973, as amended by ER-1040, 43 FR 3086, Jan. 23, 1978; ER-1190, 45 FR 53363, Aug. 11, 1980] § 207.11 Charter flight limitations. (a) Passenger charter flights (trips) in air transportation shall be limited to the following: (1) Air transportation pursuant to contracts with the Department of Defense where all of that portion of the capacity configured for passengers of an aircraft has been engaged by the Department; (2) Air transportation performed on a time, mileage, or trip basis where all or part of the capacity of an aircraft has been engaged by any of the following persons, except that the passenger charterers must together engage all of that portion of the capacity of the aircraft configured for passengers other than any portion intended by the carrier for direct sales to the general public under paragraph (a)(3) of this section; (i) By a person for his own use (including a direct air carrier or a direct foreign air carrier when such aircraft is engaged solely for the transportation of company personnel and their personal baggage, or in cases of emergency, of commercial traffic: Provided, That emergency charters for commer cial traffic shall be reported in accordance with § 207.10); (ii) By a person (no part of whose business is the formation of groups or the consolidation of shipments for transportation or the solicitation or sale of transportation services) for the transportation of a group of persons, as agent or representative of such group; (iii) By an overseas military personnel charter operator as defined in Part 372 of this chapter. (iv) By a charter operator or foreign charter operator as defined in Part 380 of this chapter. (3) Air transportation performed on a time, mileage, or trip basis by a direct air carrier in accordance with Subpart E. Any person may engage all or any portion of an aircraft from a direct carrier. However, the direct carrier must specify in its charter prospectus (§ 380.28) the number of seats available for sale directly to the general public, and if that number is less than the entire capacity of the aircraft configured for passengers, the remaining seats must be engaged as provided in paragraph (a)(2) of this section. (b)(1) Each person engaging less than the entire capacity of an aircraft for the movement of persons and their personal baggage pursuant to paragraph (a)(2) of this section shall contract and pay for 20 or more seats. (2) [Reserved] (3) This section permits the carriage of charter cargo on the main deck or in the belly of a passenger charter flight. (4) Charter passengers shall not be transported on flights carrying individually-waybilled or individually-ticketed traffic. (c) Cargo charter flights in air transportation are permitted without limitation, except that emergency charters of commercial traffic by a direct air carrier or a direct foreign air carrier shall be reported in accordance with § 207.10. Charter cargo may be transported both on schedule flights carrying individually-ticketed and/or individually-waybilled traffic and flights carrying charter traffic only. [ER-1190, 45 FR 53363, Aug. 11, 1980] on § 207.13 Terms of service. (a) [Reserved] (b) The carrier shall require full payment of the total charter price, including payment for the return portion of a round trip, or the posting of a satisfactory bond for full payment, prior to the commencement of any portion of the air transportation: Provided, however, That in the case of a passenger charter for less than the entire capacity of an aircraft pursuant to § 207.11(a)(3), the carrier shall require full payment of the total charter price, including payment for the return portion of a round trip, from the passenger charterers not less than 10 days prior to the commencement of any portion of the transportation, and such payment shall not be refundable unless the charter is canceled by the carrier or unless the carrier accepts a substitute charterer for one which has canceled a charter, in which case the amount paid by the latter shall be refunded. For the purpose of this paragraph payment to the carrier's depository bank, as designated in the charter contract, shall be deemed payment to the carrier. (c) Where four or more round trip flights per calendar year are conducted on behalf of a chartering organization by a carrier or carriers, one-way passengers shall not be carried except that up to 5 percent of the charter group may be transported one way in each direction, there shall be no intermingling of passengers and each planeload group, or less than planeload group (see § 207.11(a)(3)), shall move as a unit in both directions, except as provided in § 207.14. This provision shall not be construed as permitting knowing participation in any plan whereby each leg of a round trip is chartered separately in order to avoid the 5-percent limitation aforesaid. (Secs. 102, 204, 401 of the Federal Aviation Act of 1958, as amended, 92 Stat. 1706, 72 Stat. 743, 92 Stat. 1710; 49 U.S.C. 1302, 1324, 1371) [ER-1145, 44 FR 50595, Aug. 29, 1979] |