(ii) By a representative (or representtives acting jointly) of a group for the se of such group (provided no such repesentative is professionally engaged in he formation of groups for transportaion or in the solicitation or sale of ransportation services); or

(2) Less than the entire capacity of an ircraft has been engaged:

(i) By a person for his own use (inluding a direct air carrier when such aircraft is engaged solely for the transportation of company personnel and heir personal baggage, or in cases of mergency, of commercial passenger raffic);

(ii) By a person (no part of whose ›usiness is the formation of groups or the consolidation of shipments for transporation or the solicitation or sale of ransportation services) for the transportation of a group of persons and their personal baggage, as agent or representative of such group;

(iii) By two or more persons acting jointly for the transporation of themselves and their personal baggage or a group of persons and their personal baggage;

Provided, That the definition of "charter flight" in subparagraph (2) of this paragraph shall not apply with respect to any foreign air carrier to the extent that its permit authorizes it to engage in "planeload" charter foreign air transportation of persons: Provided, also, That with respect to subparagraph (2) of this paragraph, a maximum of three groups may be chartered on one aircraft and each group shall consist of 40 or more passengers: And provided further, That with the consent of the charterer, the direct foreign air carrier may utilize any unused space for the transportation of (i) the carrier's own personnel and property and/or (ii) the directors, officers, and employees of an air carrier or another foreign air carrier traveling pursuant to a pass interchange arrangement.

(c) "Pro rata charter" means a charter the cost of which is divided among the passengers transported.

(d) "Single entity charter" means a charter the cost of which is borne by the charterer and not by individual passengers, directly or indirectly.

(e) "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.

09-132 0-09

(f) "Person" means any individual, firm, association, partnership, or corporation.

(g) "Travel agent" means any person engaged in the formation of groups for transportation, or in the solicitation or sale of transportation services.

(h) "Charter group" means that body of individuals who shall actually participate in the charter flight.

(1) "Charter organization" means that organization, group, or other entity from whose members (and their immediate families) a charter group is derived.

(j) "Immediate family" means only the following persons who are living in the household of a member of a charter organization, namely, the spouse, dependent children, and parents, of such member.

(k) "Bona fide members" means those members of a charter organization who have not joined the organization merely to participate in the charter as the result of solicitation directed to the general public. Presumptively, persons are not bona fide members of a charter organization unless they are members at the time the organization first gives notice to its members of firm charter plans and unless they have actually been members for a minimum period of 6 months prior to the starting flight date. This presumption will not be applicable in the case of charters composed of (1) students and educational staff of a single school, and immediate families thereof, (2) employees of a single Government agency, industrial plant, or mercantile establishment, and immediate families thereof, or (3) participants in a study group. In the case of all other charters, rebuttal to this presumption may be offered for the Board's consideration by request for waiver.

(1) "Solicitation of the general public" means:

(1) A solicitation going beyond the bona fide members of an organization (and their immediate families). This includes air transportation services offered by a foreign air carrier under circumstances in which the services are advertised in mass media, whether or not the advertisement is addressed to members of a specific organization, and regardless of who places or pays for the advertising. Mass media shall be deemed to include radio and television, and newspapers and magazines. Advertising in such media as newsletters

or periodicals of membership organizations, industrial plant newsletters, college radio stations and college newspapers shall not be considered advertising in mass media to the extent that

(i) The advertising is placed in a medium of communication circulated mainly to members of an organization that would be eligible to obtain charter service, and

(ii) The advertising states that the charter is open only to members of the organization referred to in subdivision (i) of this subparagraph, or only to members of a subgroup thereof. In this context, a subgroup shall be any group with membership drawn primarily from members of the organization referred to in subdivision (i) of this subparagraph: Provided, That this paragraph shall not be construed as prohibiting air carrier advertising which offers charter services to bona fide organizations, without reference to a particular organization or flight.

(2) The solicitation, without limitation, of the members of an organization so constituted as to ease of admission to membership, and nature of membership, as to be in substance more in the nature of a segment of the public than a private entity.

(m) "Study group" means a charter group comprised of bona fide participants in a formal academic study course abroad and in which (1) the charterer is an educational institution or (2) such study course is for a period of at least 4 weeks' duration at an educational institution abroad. As used in this paragraph, the term "educational institution" means a bona fide school which (i) is empowered to grant college degrees or secondary school diplomas by the government of one of the 50 States of the United States, the District of Columbia, a U.S. territory or possession or a foreign country and (ii) is operated as a school on a year-round basis. An aircraft may carry a maximum of three study groups: Provided, That if more than one group is carried each of the groups shall consist of 40 or more study group participants: And provided, further, That the entire aircraft is chartered to a single study group charterer.

(Sec. 403, 72 Stat. 758, as amended by 74 Stat. 445, 49 U.S.C. 1373) [ER-457, 31 F.R. 5348, Apr. 5, 1966, as amended by ER-466, 31 F.R. 8951, June 29, 1966; ER-489, 32 F.R. 6438, Apr. 26, 1967; ER-532, 33 F.R. 5154, Mar. 29, 1968]

If any provision of this part or the ap plication thereof to any air transporta tion, person, class of persons, or circum stance is held invalid, neither the re mainder of the part nor the application of such provision to other air transporta tion, persons, classes of persons, or cir cumstances shall be affected thereby. § 214.6 Record retention.

(a) Every foreign air carrier operat ing pursuant to this part shall retain tru copies of the following documents for a period of 2 years at its principal or gen eral office and shall make them available in the United States upon request at any proper time by an authorized representa tive of the Board or the Federal Aviation Agency: Every charter contract, all pas senger manifests including those filed by charterers, and proof of the commis sion paid to any travel agent by th carrier.

(b) Each foreign air carrier operatin pursuant to this part shall pursuant Part 221 of this subchapter maintain a its principal or general office a complet file of all tariffs issued by it and by it agents and those issued by other carrier in which it concurs. Each tariff shall b retained until 3 years after the expiratio or cancellation thereof.

(c) Each foreign air carrier opera ing pursuant to this part shall, pursua to Part 223 of this subchapter, maintai for 3 years in its general offices a recor of all passes issued by it and used fo free or reduced-rate transportation ove its routes.

Subpart A-Provisions Relating to
Pro Rata Charters

§ 214.10 Applicability of this subpar This subpart sets forth the special rul applicable to pro rata charters.

(a) A carrier shall not engage, directly or indirectly, in any solicitation of individuals (through personal contact, advertising, or otherwise) as distinguished from the solicitation of an organization for a charter trip, except after a charter contract has been signed.

(b) A carrier shall not employ, directly or indirectly, any person for the purpose of organizing and assembling members of any organization, club, or other entity into a group to make the charter flight, except after a charter contract has been signed.

[ER-501, 32 FR. 11156, Aug. 1, 1967] § 214.12 Pretrip notification.

Upon a charter flight date being reserved by the carrier or its agent, the carrier shall provide the prospective charterer with a copy of this Part 214.1 The charter contract shall include a provision that the charterer, and any agent thereof, shall only act with regard to the charter in a manner consistent with this part and that the charterer shall within due time submit to the carrier such information as specified in § 214.35.

§ 214.13 Tariffs to be on file.

Prior to performing any foreign air transportation governed by this part, a foreign air carrier shall have on file with the Board a currently effective tariff filed in accordance with Part 221 of the Economic Regulations (Part 221 of this subchapter) showing all rates, fares, and charges for the use of the entire capacity t of one or more aircraft in such foreign air transportation and showing all rules, regulations, practices and services in connection with such foreign air transportation, including eligibility requirements for charter groups not inconsistent with those established in this part. A foreign air carrier which is authorized to operate charter flights as defined in § 214.2(b) (2) shall not operate any such charters in foreign air transportation until the foreign air carrier has on file with the Board, in accordance with Part 221 of

1Copies of this part are available by purchase from the Superintendent of Documents, Washington, D.C., 20402. Single copies will be furnished without charge on written request to the Publications Section, Civil Aeronautics Board, Washington, D.C., 20428.

the Economic Regulations (Part 221 of this subchapter), a tariff showing all rates, fares, and charges for the use of one-half the capacity of one or more aircraft in such foreign air transportation and showing all rules, regulations, practices and services in connection with such foreign air transportation, including eligibility requirements for charter groups not inconsistent with those established in this part.

§ 214.13a Written contracts with char

terers.

(a) Every agreement to perform a charter trip shall be in writing and signed by an authorized representative of the foreign charter 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:

(1) Date and place of execution of the contract or agreement;

(2) Signature, printed or typed name of each signatory, and official position of each;

(3) Dates of flights and points involved;

(4) Type of aircraft and number of passenger seats available; and

(5) Rates, fares, and charges applicable to the charter trip, including the charter price, live and ferry mileage charges, and layover and other nonflight charges.

(b) No term or condition of the charter contract shall, on its face, be inconsistent with any provision of the carrier's published tariff.

(Sec. 403, 72 Stat. 758, 49 U.S.C. 1373) [ER-509, 32 F.R. 13861, Oct. 5, 1967]

§ 214.14 Terms of service.

(a) The total charter price and other terms of service rendered pursuant to this part shall conform to those set forth in the applicable tariff on file with the Board and in force at the time of the respective charter flight and the contract must be for the entire capacity of one or more aircraft (in the case of foreign carriers authorized to operate charter flights as defined in § 214.2(b) (2) the contract may be for one-half the capacity of one or more aircraft). Where a car

rier's charter charge computed according to a mileage tariff includes a charge for ferry mileage, the carrier shall refund to the charterer any sum charged for ferry mileage which is not in fact flown in the performance of the charter: Provided, That the carrier shall not charge the charterer for ferry mileage flown in addition to that stated in the contract unless such mileage is flown for the convenience of and at the express direction of the charterer.

(b) The carrier shall require full payment of the total charter price or the posting of a satisfactory bond for full payment prior to the commencement of the air transportation.

(c) In the case of a round-trip charter, 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. 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. the case of a charter contract calling for two or more round trips, there shall be no intermingling of passengers and each plane-load group (or in the case of carriers authorized to operate charter flights as defined in § 214.2(b) (2) each one-half plane-load group) shall move as a unit in both directions.

§ 214.15 Agent's commission.

In

The carrier shall not pay its agent a commission or any other benefits, directly or indirectly, in excess of 5 percent of the total charter price as set forth in the carrier's charter tariff on file with the Board, or more than the commission related to charter flights paid to an agent by a carrier certificated to render regular service on the same route, whichever is greater. The carrier shall not pay any commission whatsoever to an agent if the agent receives a commission from the charterer for the same service.

§ 214.16 Prohibition against payments or gratuities.

A carrier shall make no payments nor extend gratuities of any kind, directly, or indirectly, to any member of a chartering organization in relation either to air transportation or land tours or otherwise. Nothing in this section shall preclude a carrier from paying a commission (within the limits of § 214.15) to a member of a chartering organization if such member is its agent, or restrict a

A travel agent shall make no payment nor extend gratuities of any kind, di rectly, or indirectly, to any member of chartering organization whether in rela tion to air transportation or otherwise Nothing in this section shall restrict travel agent from offering to each mem ber of the charter group such advertis ing and goodwill items as are custom arily extended to individually ticketed passengers (e.g., a canvas traveling bag or a money exchange computer). REQUIREMENTS RELATING TO THE CHAR TERING ORGANIZATION

§ 214.30 Solicitation of charter par ticipants.

As the following terms are defined i § 214.2, members of the charter grou may be solicited only from among th bona fide members of an organization club, or other entity, and their imme diate families, and may not be brough together by means of a solicitation the general public.

§ 214.31 Passengers on charter flight

Only bona fide members of the cha terer, and their immediate families (ex cept as provided in § 214.32), may pai ticipate as passengers on a charter fligh The charterer must maintain a centra membership list, available for inspectio by the carrier or Board representative which shows the date each person be came a member. Where the chartere is engaging round-trip transportation one-way passengers shall not participat in the charter flight except as provide

Where the charter is based on employ ment in one entity or student status at college, records of the corporation, agency or college will suffice to meet this require ment.

in § 214.14 (c). When more than one round trip is contracted for, intermingling between flights or reforming of planeload groups (or in the case of carriers authorized to operate charter flights under § 214.2(b) (2) one-half

planeload groups) shall not be permitted and each such group must move as a unit in both directions.

(Sec. 403, 72 Stat. 758, as amended by 74 Stat. 445, 49 U.S.C. 1373) [ER-489, 32 FR. 6438, Apr. 26, 1967]

§ 214.32

Participation of immediate families in charter flights.

The immediate family of any bona fide member of a charter organization may participate in a charter flight: Provided, however, That this section shall not apply to study group charters as defined herein € (§ 214.2(m)).

(Sec. 403, 72 Stat. 758, as amended by 74 Stat. 445, 49 U.S.C. 1373) [ER-489, 32 FR. 6438, Apr. 26, 1967]

§ 214.33 Charter costs.

(a) The costs of charter flights shall be prorated equally among all charter passengers and no charter passenger shall be allowed free transportation; except that (1) children under 12 years of age may be transported at a charge less than the equally prorated charge; (2) children under 2 years of age may be transported free of charge.

All

(b) The charterer shall not make charges to the charter participants which exceed the actual costs incurred in consummating the charter arrangements, nor include as a part of the assessment for the charter flight any charge for purposes of charitable donations. charges related to the charter flight arrangements collected from the charter participants which exceed the actual costs thereof shall be refunded to the participants in the same ratio as the charges were collected.

(c) Reasonable administrative costs of organizing the charter may be divided among the charter participants. Such costs may include a reasonable charge for compensation to members of the charter organization for actual labor and personal expenses incurred by them. Such charge shall not exceed $300 (or $500 where the charter participants number more than 80) per round-trip flight. Neither the organizers of the charter, nor any member of the chartering organization, may receive any gratuities or compensation, direct or indirect, from the carrier, the travel agent, or any orga

nization which provides any service to the chartering organization whether of an air transportation nature or otherwise. Nothing in this section shall preclude a member of a chartering organization who is the carrier's agent from receiving a commission from the carrier (within the limits of § 214.15), or prevent any member of the charter group from accepting such advertising and good will items as are customarily extended to individually ticketed passengers (e.g., a canvas traveling bag or a money exchange computer).

(d) If the total expenditures, including among other items compensation to members of the chartering organization, referred to in paragraph (c) of this section, but exclusive of expenses for air transportation or land tours, exceed $750 per round-trip flight, such expenditures shall be supported by properly authenticated vouchers.

§ 214.34 Statements of charges.

Any announcements or statements by the charterer to prospective charter participants of the anticipated individual charge for the charter shall clearly identify the portion of the charges to be separately paid for the air transportation, for the land tour, and for the administrative expenses of the charter.

§ 214.35 Passenger manifests.

(a) Prior to each one-way or roundtrip flight a manifest shall be filed by the charterer with the foreign air carrier showing the names and addresses of the persons to be transported and specifying the relationship of each such person to the charterer (by designating opposite his name one of the three relationship categories hereinafter described). The manifest may include "stand-by" participants (by name, address, and relationship to charterer).

(b) The relationship of a prospective passenger shall be classified under one of the following categories and specified on the passenger manifest as follows:

(1) A bona fide member of the chartering organization at the time the organization first gave notice to its members of firm charter plans and will have been a bona fide member of the chartering organization for at least 6 months prior to the starting flight date. Specify on the passenger manifest as "(1) member."

(2) The spouse, dependent child, or parent of a bona fide member who lives in such member's household. Specify on