378a.105, and 378a.107(c) (2), (3), and (4). [SPR-105, 41 FR 35162, Aug. 20, 1976] § 378a.41 Direct air carrier to identify enplanements. (a) A direct air carrier shall retain a true copy of each document which it has received from the charter operator pursuant to § 378a.25, and shall make reasonable efforts to verify the identity of all enplaning passengers by use of a document bearing an identifying number, in order to ensure that enplanements are limited to persons whose names appear on its copy of the passenger list. For international flights, the identity of each enplaning passenger shall be verified by means of a passport, or if there be none, by means of any other travel identity document. For domestic flights a passport or other travel identity document should be used, if available, to identify enplaning passengers, but if no such document is available, then any other numbered document such as a Social Security card may be used. (b) The direct air carrier shall, at the time of enplanement, enter, on its copy of the passenger list, the documentary source of the identification required by paragraph (a) of this section, including the number appearing on the document. [SPR-105, 41 FR 35162, Aug. 20, 1976] § 378a.42 Tariffs to be on file for charter trips. No direct air carrier shall perform any charter trips pursuant to this part unless such air carrier shall have on file with the Board a currently effective tariff showing all rates, fares and charges for such charter trips. § 378a.43 No commissions to be paid. No commissions, fees, or other compensation shall be paid by the direct air carrier to the tour operator or any other person in connection with a charter trip. § 378a.44 One-stop-inclusive tours operated by U.S. certificated air carriers or foreign air carriers for foreign tour operators. At least 45 days in advance of the date of departure of a proposed foreignoriginated OTC or series of OTC's to be operated by a U.S. certificated air carrier or foreign air carrier for a foreign tour operator, such carrier shall file with the Board (Supplementary Services Divi 90-055-77-43 sion, Bureau of Operating Rights) a Tour Prospectus which shall contain the following information: (a) The name and address of the foreign tour operator; (b) The proposed date and time of each flight; (c) The aircraft type to be used for each flight including the number of seats; (d) The charter price for the aircraft; (e) The duration of each tour, the tour itinerary, including the name of hotels, and any sightseeing or other arrangements included in the tour; and (f) The tour price per passenger. [SPR-94, 40 FR 51417, Nov. 5, 1975] § 378a.45 Record retention. A direct air carrier shall retain the information transmitted to it pursuant to § 378a.25, including its annotated copies of the passenger list, at its principal office within the United States for a period of two years: Provided, however, That if the direct air carrier does not maintain an office in the United States, it shall return the documents transmitted to it pursuant to § 378a.25 to the Bureau of Enforcement within 7 days of performing the flight to which those documents pertain. [SPR-105, 41 FR 35162, Aug. 20, 1976] Subpart E-Charter Trip Reporting § 378a.50 Charter trip reporting. (b) The direct air carrier shall promptly notify the Board (Supplementary Services Division, Bureau of Operating Rights) regarding any charters covered by a Prospectus filed under § 378a.28, or a Statement of Authorization issued pursuant to § 378a.106, that are later canceled. (c) Within 30 days after termination of a tour or series of tours, or, in the case of a series of tours extending over a period longer than 30 days, every 30 days, the direct air carrier and tour operator or foreign tour operator shall jointly file a report with the Board (Supplementary Services Division, Bureau of Operating Rights), on CAB Form 378a-2, which appears as appendix C to this Part. The report shall indicate whether or not the tours authorized hereunder were, in fact, performed. For each tour operated, the report shall indicate the origin, destination(s), and number of passengers carried. To the extent that the operations differed from those described in the Prospectus filed under § 378a.28 or the Application for a Statement of Authorization under § 378a.107, such differences will be fully detailed, including the reasons therefor. However, the making of such an explanation shall not of itself operate as authority for or excuse any such deviation. [SPR-85, 40 FR 34100, Aug. 14, 1975, as amended by SPR-90, 40 FR 50521, Oct. 30, 1975; SPR-105, 41 FR 35163, Aug. 20, 1976] Subpart F-Requirements Applicable to Special Event Charters § 378a.101 Applicability. This subpart establishes the terms and conditions governing the furnishing of special event charters in air transportation by direct air carriers and foreign air carriers and by one-stop-inclusive tour operators. Except as modified herein or as required by the context, all terms, conditions, and requirements applicable to the operation of one-stop-inclusive tours under other subparts of this Part shall apply to operations pursuant to this subpart. As used in this subpart, unless the context otherwise requires "Charter" means a special event charter. "Charter participant" means a member of a group consisting solely of persons having the common purpose of attending a special event, who are assembled by a tour operator to participate as a single unit in a special event charter. "Ground accommodations and services" include, but are not limited to, sleeping accommodations for each night of the tour, necessary surface transportation, and admission to the special event, through the furnishing of tickets or other documents necessary to enable a charter participant to attend the event for each day of the charter during which attendance is feasible, but may not include rental cars, rail passes, or other types of prepaid individual transportation. "Special event" means a significant specific event, including events of a sporting, social, religious, educational, cultural, or political nature which (1) does not extend over ten (10) days in duration, and (2) is neither sponsored by a direct air carrier nor created for the purpose of justifying the operation of a charter under this rule. In determining whether any given event shall be considered a special event for the purposes of receiving charter traffic under this subpart, the Board will consider, along with other relevant factors, how long in advance of the date of the event: (1) The event was publicly known; (2) The participants in the event could be ascertained; (3) The significance of the event became publicly recognized. [SPR-85, 40 FR 34100, Aug. 4, 1975; 40 FR 41093, Sept. 5, 1975] § 378a.103 Provisions not applicable to operations under this subpart. The following provisions will not apply to Special Event Charters operated pursuant to this subpart: (a) Section 378a.25; (d) Section 378a.10(g), but only with regard to Special Event Charters in which the return flight departs the event site on the same day that the departing flight arrives. § 378a.104 Duration of special event charters. (a) The maximum duration of a Special Event Charter shall be (6) days: Provided, however, That the maximum duration of a North American charter shall be three (3) days. For purposes of computing number of days, as specified herein, the first day shall be the day the originating flight takes off; the last day shall be the day the returning flight lands. (b) The departing flight shall arrive at the destination no earlier than 36 hours prior to the commencement of attendance at the event by the charter participants and the returning flight shall take off no later than 36 hours after termination of such attendance. § 378a.105 Solicitation and advertising. (a) A tour operator shall not sell or offer to sell, solicit or advertise a charter or charters until and unless a Statement of Authorization to conduct such charter or charters has been issued to the direct air carrier, as provided in § 378a. 106. (b) All sales, advertising and solicitation materials employed by the tour operator shall state the name of the direct air carrier or carriers utilized. (c) Advertising by tour operators of charter trip prices shall be limited to the total trip price including all prepaid ground accommodations and services, without a breakdown into component parts, except that additional charges for optional services or facilities may be reflected. (d) When the combined surety bonddepository agreement, as provided in § 378a.31(b), is used in connection with a special event charter, a statement as to whom checks and money orders are to be made payable, as provided in § 378a.30 (k), shall be placed in all solicitation material, reservation coupons, etc. (a) Application for a Statement of Authorization shall be submitted by the direct air carrier or carriers, on CAB Form 85, which appears as appendix D to this Part, addressed to the Attention of the Director, Bureau of Operating Rights. If a series of charters is to be operated for one tour operator pursuant to one charter contract, the application may cover the entire series. (b) The application shall be filed at least 30 days before commencement of the charter or series of charters. Late filing of the application will not be permitted except for good cause shown. (c) The application shall be filed in triplicate and shall include two copies of the following: (1) The charter contract between the direct air carrier and the tour operator; (2) The contract between the tour operator and the charter participants; (3) Samples of solicitation material proposed to be used by the tour operator; (4) The tour operator's surety bond (an original bond and a copy thereof) and, where applicable, the depository agreement with a bank, as provided in § 378a.31. [SPR-85, 40 FR 34100, Aug. 14, 1975, as amended by SPR-90, 40 FR 50521, Oct. 30, 1975] APPENDIX 81 EXAMPLES OF EVENTS NOT DEEMED TO BE "SPECIAL" FOR THE PURPOSES OF PART 3788, SUBPART F The following list consists of a selection of events not deemed to be "special" for the purposes of Part 378a, Subpart F. It is intended as guidance for the public and the industry as to what kinds of events are deemed outside the scope of the Special Event Charter rule. The list is by no means exhaustive. 1. Conventions, Meetings, or Seminars: a. Annual conventions of business firms, professional organizations, and other entities. 2. Regularly Scheduled Athletic Events: a. Regular season games for baseball, basketball, football, soccer, etc. b. Playoffs that are scheduled to last more than 10 days would be excluded from consideration as a Special Event. However, if a playoff series, were to le scheduled for a total of 11 days (including travel), then each set of games at the opposing teams' home cities will qualify as a separate special event. c. The Olympics since the total number of days involved exceeds 10 days. NOTE: The Super Bowl, College Bowl Games (Rose, Orange, etc.) NFL Playoffs, NCAA Basketball Regionals or semi-finals or finals, among others, would be considered Special since the participants would not normally be known more than a month in advance. 3. Annual Festivals, Jamborees or Revival Meetings: a. Cherry Blossom Festival, Mardi Gras, and similar events, since these are normally recurring events on an annual basis. b. Scout Jamborees, etc., since these are also recurring annual events. 4. Religious Pilgrimages: The shrines which these persons visit can be visited at any time. In addition, there are usually no specific activities associated with such tours other than, for example, general prayer sessions. (herinafter called Surety) are held and firmly bound unto the United States of America in the sum of (see § 378a.31 of Part 378a) for which payment, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, the Principal intends to become a One-Stop-Inclusive Tour Charter (OTC) operator pursuant to the provisions of Part 378a of the Board's Special Regulations and other rules and regulations of the Board relating to insurance or other security for the protection of OTC charter participants, and has elected to file with the Civil Aeronautics Board such a bond as will insure financial responsibility with respect to all monies received from tour participants for services in connection with an OTC to be operated subject to Part 378a of the Board's Special Regulations in accordance with contracts, agreements, or arrangements therefor, and Whereas, this bond is written to assure compliance by the Principal as an authorized tour operator with Part 378a of the Board's Special Regulations, and other rules and regulations of the Board relating to insurance or other security for the protection of tour participants, and shall inure to the benefit of any and all tour participants to whom the Principal may be held legally liable for any of the damages herein described. Now, therefore, the condition of this obligation is such that if the Principal shall pay or cause to be paid to tour participants any sum or sums for which the Principal may be held legally liable by reason of the Principal's failure faithfully to perform, fulfill, and carry out all contracts, agreements, and arrangements made by the Principal while this bond is in effect with respect to the receipt of monies from tour participants and proper disbursement thereof pursuant to and in accordance with the provisions of Part 378a of the Board's Special Regulations, then this obligation shall be void, otherwise to remain in full force and effect. The liability of the Surety with respect to any tour participant shall not exceed the tour price (as defined in Part 378a of the Board's Special Regulations) paid by or on behalf of such participant. The liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penalty of the bond, but in no event shall the Surety's obligation hereunder exceed the amount of said penalty. The Surety agrees to furnish written notice to the Civil Aeronautics Board forthwith of all suits filed, judgments rendered, and payments made by said Surety under this bond. ---) This bond is effective the ------ day of 19_-, 12:01 a.m., standard time at the address of the Principal as stated herein and shall continue in force until terminated as hereinafter provided. The Principal or the Surety may at any time terminate this bond by written notice to the Civil Aeronautics Board at its office in Washington, D.C., such termination to become effective thirty (30) days after actual receipt of said notice by the Board. The Surety shall not be liable hereunder for the payment of any of the damages hereinbefore described which arise as the result of any contracts, agreements, undertakings, or arrangements for the supplying of transportation and other services made by the Principal after the termination of this bond as herein provided, but such termination shall not affect the liability of the Surety hereunder for the payment of any such damages arising as the result of contracts, agreements, or arrangements for the supplying of transportation and other services made by the Principal prior to the date such termination becomes effective. Liability of the Surety under this bond shall in all events be limited only to a tour participant or tour participants who shall within sixty (60) days after the termination of the particular tour described herein give written notice of claim to the tour operator or, if he is unavailable, to the Surety; and all liability on this bond shall automatically terminate; sixty (60) days after the termination date of the particular tour covered by this bond except for claims filed within the time provided herein. In witness whereof, the said Principal and Surety have executed this instrument on the day of 19... Passport No. Tvl Doc. No. Passport No. Tvl Doc. Na Other No. Passport No. Tvi Doc. No Other No. Passport No. Tvi Doc. No. Other No. Passport No. Tvl Doc. No. Other No. Passport No. Tvl Doc. No. Other No. Passport No. Tvl Doc. No. Other No. Passport No. Tvl Doc. No. Other No. Passport No. Tvl Doc. No. Other Mo. Passport No. Tvl Doc. No. Other No. Passport No. Tvl Doc No. Other No. Passport No. Tvl Doc. No. Other No. Passport No. Tvi Doc. No. Other No. |