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weather or other operational conditions shall be excluded if, and while, the air carrier had an airworthy aircraft which is capable of transporting the charter group in a condition of operational readiness posted at such airport.

(V) Air carriers may subcontract the performance of transatlantic passenger charter services which they have contracted to perform, only to air carriers authorized by the Board to perform such services.

(2) Incidental expenses.la (i) On all charter flights bound from a point outside the continent where the charter originated to the point where it terminates, unless the air carrier causes an aircraft to finally enplane each passenger and commence the take-off procedures at the airport of departure before the sixth hour following the time scheduled for the departure of such flight, it shall pay incidental expenses in accordance with the provisions of this subparagraph. Such payments shall be made at the air. port of departure as soon as they become due to the charterer, or its duly authorized agent, for the account of each passenger, including infants and children traveling at reduced fares.

(ii) Such payments shall be made at the rate of $16.00 for each full twentyfour hour period of delay following the scheduled departure time. However, the sum of $8.00 shall be paid for each passenger delayed six hours following the scheduled departure time. Thereafter, during the succeeding 18 hours of delay, an additional sum of $8.00 shall be paid for each passenger delayed in installments of $4.00 for the first and second succeeding six-hour period of delay, or any fractional part thereof. If the delay continues beyond a period of 24 hours following the scheduled departure time, such payments shall be made in equal installments of $4.00 for each further sixhour period of delay, or any fractional part thereof: Provided, however, That

the air carrier may, at its option, discharge this obligation by providing free meals and lodging in lieu of making such payments. The obligation of the air carrier to pay incidental expenses or provide free meals and lodging shall cease when substitute air transportation is provided in accordance with the provisions of subparagraph (1) of this paragraph.

(d) Each and every contract for a transatlantic charter to be operated hereunder shall incorporate the provisions of paragraphs (b) and (c) of this section concerning insurance, substitute transportation, and incidental expenses.

(e) 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.

(f) In the case of a round-trip charter, one-way passengers shall not be carried except that up to five 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 five percent limitation aforesaid. In the case of a charter contract calling for two or more round trips, there shall be no intermingling of passengers and each planeload or one-half plane-load group shall move as a unit in both directions. (ER_408, 29 F.R. 6005, May 7, 1964, as amended by ER-431, 30 F.R. 3353, Mar. 12, 1965] $ 295.15 Agent's commission.

The carrier shall not pay its agent a commission or any other benefits, directly or indirectly, in excess of five 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. $ 295.16 Prohibition against payments

or gratuities. A carrier shall make no payments nor extend gratuities of any kind, directly

la Although the requirements with respect to providing incidental expenses are made expressly applicable only to the return leg of a charter flight, the air carriers are expected, in the case of delay in departure of the originating leg of a flight, to furnish such incidental expenses to charter passengers whose homes are not located within a reasonable distance from the point of origination of the charter.

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 $ 295.15) to a member of a chartering organization if such member is its agent, or restrict a carrier from offering to each member of the charter group such advertising and good will items as are customarily extended to individually ticketed passengers (e.g., canvas traveling bag or a money exchange computer). REQUIREMENTS RELATING TO TRAVEL

AGENTS § 295.20 Prohibition against double

compensation. A travel agent may not receive a commission from both the direct air carrier and the charterer for the same service. § 295.21 Prohibition against payments

or gratuities. A travel agent shall make no payments nor extend gratuities of any kind, directly or indirectly, to any member of a chartering organization whether in relation to air transportation or otherwise. Nothing in this section shall restrict a travel agent from offering to each member of the charter group 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). & 295.22 Statement of supporting in

formation. Travel agents shall execute, and furnish to air carriers, Section A of Part II of the Statement of Supporting Information attached hereto and made a part hereof, at such time prior to flight as required by the carrier to afford it due time for review thereof. REQUIREMENTS RELATING TO THE

CHARTERING ORGANIZATION $ 295.30 Solicitation of charter partici

pants. As the following terms are defined in § 295.2, members of the charter group may be solicited only from among the bona fide members of an organization, club or other entity, and their immediate families, and may not be brought to

gether by means of a solicitation of the general public. § 295.31 Passengers on charter flights.

Only bona fide members of the charterer, and their immediate families (except as provided in § 295.32), may participate as passengers on a charter flight. The charterer must maintain a central membership list, available for inspection by the carrier or Board representative, which shows the date each person became a member. Where the charterer is engaging round-trip transportation, one-way passengers shall not participate in the charter flight except as provided in § 295.14(f). When more than one round trip is contracted for, intermingling between flights of reforming of plane-load or one-half plane-load groups shall not be permitted and each such group must move as a unit in both directions. (ER-450, 31 F.R. 558, Jan. 18, 1966]

NOTE: ER-452, 31 F.R. 2681, Feb. 12, 1966, postponed the effective date of ER-450 until the pending petitions for reconsideration are acted upon. 8 295.32 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 ($ 295.2 (m)). [ER-450, 31 F.R. 558, Jan. 18, 1966)

NOTE: ER-452, 31 F.R. 2681, Feb. 12, 1966, postponed the effective date of ER-450 until the pending petitions for reconsideration are acted upon. $ 295.33

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 twelve years of age may be transported at a charge less than the equally prorated charge; (2) children under two years of age may be transported free of charge.

4 Where the charter is based on employment in one entity or student status at & college, records of the corporation, agency, or college will suffice to meet the requirement.

(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. All 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 organization which provides any service to the chartering organization whether of an air transportation nature or otherwise. Nothing in this section shall preclude a nember of a chartering organization who s the carrier's agent from receiving a Commission from the carrier (within the imits of $ 295.15), or prevent any memper of the charter group from accepting such advertising and good will items as are customarily extended to individually icketed passengers (e.g., a canvas trav:ling bag

or a money exchange computer).

(d) If the total expenditures, includng among other items compensation to nembers of the chartering organization, referred to in paragraph (c) of this secion, but exclusive of expenses for air ransportation or land tours, exceed $750 Der round-trip flight, such expenditures shall be supported by properly authenicated vouchers to be given to the carier with the "Post Flight Report” rejuired pursuant to § 295.34. $295.34 Statements of charges.

(a) Any announcements or statements by the charterer to prospective charter participants of the anticipated individual harge for the charter shall clearly iden

tify the portion of the charges to be separately paid for the air transportation, for the land tour, and for the administrative expenses of the charterer.

(b) Within 15 days after completion of each one-way or round-trip flight the charterer shall complete and supply to each charter participant and the air carrier involved a detailed report showing the charge per passenger transported and the charterer's total receipts and expenditures. The report shall be submitted in the form of, and contain such information including the above as more fully specified by, the "Transatlantic Charter-Post Flight Report” annexed hereto and made a part hereof. § 295.35 Passenger manifests.

(a) Prior to each one-way or roundtrip flight a manifest shall be filed by the charterer with the 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 six 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 the passenger manifest as “(2) spouse" or “(2) dependent child” or “(2) parent.” Also give name and address of member relative where such member is not a prospective passenger.

(3) Bona fide members of entities consisting only of persons from a study group, or a college campus, or employed by a single Government agency, industrial plant, or mercantile company, or persons whose proposed participation in the charter flight was permitted by the

Board pursuant to request for waiver. Specify on the passenger manifest as “(3) special” or “(3) member" (where participants are from a study or campus group or from a Government agency, industrial plant or mercantile company).

(c) In the case of a round-trip flight, the above information must be shown for each leg of the flight and any variations between the eastbound and westbound trips must be explained on the manifest.

(d) Attached to such manifest must be a certification, signed by a duly authorized representative of the charterer, reading:

The attached list of persons includes every individual who may participate in the charter flight. Every person as identified on the attached list (1) was a bona fide member of the chartering organization at the time the chartering organization first gave notice to its members of firm charter plans, and will have been a member for at least 6 months prior to the starting fight date, or (2) is a bona fide member of an entity consisting of (a) students and educational staff of a single school, or (b) employees of a single Government agency, industrial plant, or mercantile establishment, or (3) is a person whose participation has been specifically permitted by the Civil Aeronautics Board, or (4) is the spouse, dependent child, or parent of a person described hereinbefore and lives in such person's household, or (5) is a bona fide participant in a study group charter.

§ 295.40 Tariffs to be on file.

The provisions of § 295.13 shall apply to charters under this subpart. $ 295.41 Terms of service.

(a) The total charter price and other terms of service shall conform to those set forth in the applicable tariff filed in accordance herewith and the contract shall be for the entire capacity or onehalf the capacity of one or more aircraft.

(b) The terms of service prescribed in § 295.14 (b), (c), and (d) shall be applicable in the case of single entity charters. $ 295.42 Commissions paid to travel

agents. No direct air carrier shall pay a travel agent any commission in excess of five percent of the total charter price or more than the commission related to charter flights paid to an agent by a carrier certificated to fly the same route, whichever is greater. Subpart C-Provisions Relating to

Mixed Charters § 295.50 Applicable rules.

The rules set forth in Subpart A of this part shall apply in the case of mixed charters. Subpart D-Procedure for Advisory

Opinion on the Eligibility of a

Charterer $ 295.60 Advisory opinion.

An air carrier or prospective charterer may request an advisory opinion from the Bureau of Economic Regulation, Civil Aeronautics Board, Washington, D.C., 20428, regarding the eligibility of the prospective charterer to obtain charter service in accordance with this part. The Bureau's opinion will be based on the representations submitted and shall not be binding upon the Board in any proceeding in which the lawfulness of the respective charter may be in issue. Such representations should include as much of the information specified by Section B, Part II, of the Statement of Supporting Information as is available to the person requesting the advisory opinion.

NOTE: The reporting requirements cone tained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

(Signature)

(ER-408, 29 F.R. 6005, May 7, 1964, as amended by ER-450, 31 F.R. 558, Jan. 18, 1966]

NOTE: ER-452, 31 F.R. 2681, Feb. 12, 1966, postponed the effective date of ER-450 ($295.2(d)) until the pending petitions are acted upon. § 295.36 Statement of supporting infor

mation.

Charterers shall execute and furnish to air carriers Section B of Part II of the Statement of Supporting Information attached hereto and made a part hereof at such time prior to flight as required by the carrier to afford it due time for review thereof.

Subpart B—Provisions Relating to

Single Entity Charters § 295.39 Applicability of subpart.

This subpart sets forth the special rules applicable to single entity charters.

9. If charter is single entity, indicate purpose of flight:

STATEMENT OF SUPPORTING INFORMATION

Part I-To be completed by air carrier for each single entity, mixed, or pro rata charter. (Where more than one round-trip flight is to be performed under the charter contract, clearly indicate applicability of answers.)

1. Name of transporting carrier: 2. Commencement date(s) of proposed flight(s):

(a) Going (b) Returning 3. Points to be included in proposed fight(s): (a) From

to (b) Returning from

to (c) Other stops required by charterer:

10. On what date was the charter contract executed?

11. If the charter is pro rata, has a copy of Part 295 of the Civil Aeronautics Board's Economic Regulations been mailed to or delivered to the prospective charterer? Yes o NO

Part II—To be completed for pro rata or mixed charters only.

Section A--To be supplied by travel agent, or, where none, by the air carrier or an affiliate under its control where either of the latter performs or provides any travel agency function or service (excluding air transportation sales but including land tour arrangements).

1. What specific services have been or will be provided by agent to charterer on a group basis?

(d) Technical stops required by carrier:

(e) Planned routing:

4. (a) Type of aircraft to be used: (b) Seating capacity: (c) Number of persons to be transported:

[blocks in formation]

7. (a) Will the carrier or any affiliate provide any services or perform any functions in addition to the actual air transportation? Yes I No

(b) If "yes,” describe services or functions:

8. Name and address of charterer:

1 Whoever, having taken an oath before a competent-person-that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall, except as otherwise expressly provided by law, be fined not more than $2,000 or imprisoned not more than five years, or both. Title 18, U.S.C. $ 1621.

*This must be retained by the air carrier for two years pursuant to the requirements of Part 249, but open to Board inspection, and to be filed with the Board on demand.

66-031—67-21

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