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sion (within the limits of $ $ 208.202 and 208.302) to a member of a chartering organization if such member is its agent, or restrict a carrier or 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., canvas traveling bag or a money exchange computer). (ER-454, 31 F.R. 4772, Mar. 22, 1966, as amended by ER-462, 31 F.R. 6620, May 4, 1966)

delays shall be calculated without inclusion of any delay at departure but all additional delays at intermediate stops en route shall be added up in determining whether the limit of delay has been reached.

(c) In case of flight cancellations or flight delays, refunds shall be paid immediately upon presentation of an unused flight coupon or upon demand of the charterer or his representative (or in case of the engagement by one charterer of less than the capacity of an aircraft, upon demand of any one charterer or his representative) to the air carrier or its agent.

(d) The rules and regulations in the carrier's tariffs governing immediate refunds or alternative transportation may provide for an exception in case of unavoidable delays due solely to weather. (ER 454, 31 F.R. 4772, Mar. 22, 1966, as amended by ER-474, 31 F.R. 12948, Oct. 10, 1966] § 208.33a Substitution or subcontract

ing. Supplemental air carriers may subcontract the performance of services which they have contracted to perform only to air carriers authorized by the Board to perform such services. § 208.34 Record retention.

Each carrier operating pursuant to this part shall comply with the applicable record-retention provisions of Part 249 of this subchapter, as amended. (ER-462, 31 F.R. 6620, May 4, 1966] § 208.35 Payments, gratuities, and do

nations.

Subpart B—Provisions Relating to

Military Charters $ 208.100 Applicability of subpart.

This subpart sets forth the special rules applicable to military charters. 8 208.101 Minimum rates and compen

sation for air transportation performed for the military establish

ment.

The authority conferred upon a supplemental air carrier pursuant to section 7 of Public Law 87–528, and/or a certificate of public convenience and necessity issued under sec. 401(d) (3) of the Act, insofar as it encompasses the right to provide air transportation pursuant to contract with the military establishment of the United States or any branch thereof in foreign and overseas air transportation, and air transportation between the 48 contiguous States on the one hand and the States of Alaska and Hawaii on the other hand, shall be subject to the condition that the rate or compensation received by the carrier for any such air transportation is not less than that set forth in § 288.7 of this chapter, irrespective of whether such contract falls within the definition of short notice MATS charter service contained in § 288.1 of this chapter. § 208.102 Substitute service.

Supplemental air carriers are authorized to provide “substitute service" as defined in this part, subject to the provisions of Part 288 of this chapter. 8 208.103 Tariffs and terms of service.

The provisions of $ 208.32 shall apply to charters under this subpart except

(a) Neither a carrier nor a travel agent shall make any payments or 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.

(b) Neither a carrier nor a travel agent shall make any donation to a chartering organization or an individual charter participant.

(c) Nothing in this section shall preclude a carrier from paying a commis

that paragraphs (e) and (f) and the second sentence of paragraph (b) of such section shall not be applicable. (ER-462, 31 F.R. 6621, May 4, 1966)

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. REQUIREMENTS RELATING TO TRAVEL

AGENTS § 208.203 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.

Subpart C-Provisions Relating to

Pro Rata Charters $ 208.200 Applicability of subpart.

This subpart sets forth the special rules applicable to pro rata charters, other than those subject to Part 295 of this subchapter. REQUIREMENTS RELATING TO AIR CARRIERS 8 208.200a Solicitation and formation

of a chartering group. (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.

(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. § 208.201 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 208. 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 § 208 [ER-462, 31 F.R. 6621, May 4, 1966) § 208.202 Agent's commission.

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

REQUIREMENTS RELATING TO THE

CHARTERING ORGANIZATION § 208.210 Solicitation of charter partici

pants. As the following terms are defined in § 208.3, 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 together by means of a solicitation of the general public. Solicitation of, as well as participation by, members of an organization with respect to charter flights shall extend only to the organization, or the particular chapter or unit thereof, which signs the charter agreement with the air carrier as the charterer. § 208.211 Passengers on charter flights.

Only bona fide members of the charterer, and their immediate families (except as provided in § 208.212), 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. Solicitation of, as well as participation by, members of an organization with respect to charter flights shall extend only to the organization, or the particular chapter or unit thereof,

1 Copies 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.

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

which signs the charter agreement with the air carrier as the charter. Where the charterer is engaging in round-trip transportation, one-way passengers shall not participate in the charter flight except as provided in § 208.32(f). When more than one round trip is contracted for, intermingling between flights or reforming of plane-load or less than planeload charter groups shall not be permitted and each such group must move as a unit in both directions. $ 208.212 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. $ 208.213 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; ex:cept 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.

(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 ar

rangements 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 member of a chartering organization who is the carrier's agent from receiving a commission from the carrier (within the limits of § 208.202), or prevent any member of the charter group from accepting such advertising and goodwill 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 to be given to the carrier with the “Non-transatlantic CharterPost Flight Report” required pursuant to § 208.214. § 208.214 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 paid separately for air transportation, for the land tour, and for the administrative expenses of the charterer. (ER-462, 31 F.R. 6621, May 4, 1966] 208.215 Passenger manifests.

Prior to each one-way or round-trip flight manifest shall be filed by the charterer with the air carrier showing the names and addresses of persons to be transported in interstate or overseas air transportation. (ER–462, 31 F.R. 6621, May 4, 1966)

Subpart D-Provisions Relating to

Single Entity Charters 8 208.300 Applicability of subpart.

This subpart sets forth the special rules applicable to single entity charters, other than those subject to Part 295 of this subchapter.

& 208.301 Tariffs and terms of service.

The provisions of $ 208.32 shall apply to charters under this subpart except that paragraphs (e) and (f) and the second sentence of paragraph (b) of such section shall not be so applicable. (ER-462, 31 F.R. 6621, May 4, 1966] § 208.302 Commissions paid to travel

agents. No direct air carrier shall pay a travel agent any commission in excess of 5 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. [ER 454, 31 F.R. 4772, Mar. 22, 1966. Redesignated by ER-462, 31 F.R. 6621, May 4, 1966)

PART 211-APPLICATIONS FOR PER

MITS TO FOREIGN AIR CARRIERS Sec. 211.1 Formal requirements. 211.2 Filing and service. 211.3 Amendments. 211.4 Incorporation by reference. 211.5 General provisions regarding contents.

AUTHORITY: The provisions of this Part 211 issued under secs. 204, 402, 72 Stat. 743, 757; 49 U.S.C. 1324, 1372. § 211.1 Formal requirements.

Applications for permits to engage in foreign air transportation under the terms of section 402 of the act (called foreign air carrier permits in this part) shall meet the requirements set forth in $ 302.3 of this chapter as to execution, number of copies, formal specifications of papers, and verifications, except that Canadian operators filing applications for foreign air carrier permits authorizing casual, occasional and infrequent flights with small aircraft across the Canada-United States borders shall file one original and seven true copies of the application. The verifications shall be subscribed and sworn to before a Notary Public or other officer authorized to administer oaths in the jurisdiction in which such application is executed. Notwithstanding the laws of the country of applicant's citizenship, an application verified before a United States

consular officer will be deemed to have met the requirements of this section. All pages of an application shall be consecutively numbered, and the application shall clearly describe and identify each exhibit by a separate number or symbol. All exhibits shall be deemed to constitute a part of the application to which they are attached. (ER-385, 28 F.R. 8283, Aug. 13, 1963) § 211.2 Filing and service.

Applications for foreign air carrier permits shall be forwarded to the Board, through diplomatic channels, by the government of the applicant's country of citizenship, and shall be deemed to have been filed on the date such applications are actually received by the Board: Provided, That applications by Canadian operators for foreign air carrier permits authorizing casual, occasional and infrequent flights with small aircraft across the Canada-United States borders shall be filed directly with the Board. Each applicant shall furnish such additional copies of its application, and shall make such service thereof upon such other persons as the Board may at any time require. [ER-385, 28 F.R. 8283, Aug. 13, 1963] § 211.3 Amendments.

Any information which the Board may request of an applicant subsequent to receiving its application, or any information which the applicant deems appropriate to submit thereafter, shall be furnished in the form of an amendment to the original application. All amendments to applications shall be consecutively numbered and shall comply with the requirements of this part as to form, number of copies, verification, and in all other essential respects. (ER-146, 14 F.R. 3528, June 29, 1949] § 211.4. Incorporation by reference.

In general it is desirable that incorporation by reference shall be avoided. However, where two or more applications are filed by a single carrier, lengthy exhibits or other documents attached to one may be incorporated in the others by reference if that procedure will substantially reduce the cost to the applicant. Canadian operators filing ap

the type or types of service (mail, passenger, and property) to be rendered on each such route, and whether or not such services are to be rendered in sched. uled operations. The identification of each route shall name every terminal and intermediate point to be served by applicant in connection with the service for which a permit is sought.

(d) A map (which may be attached as an exhibit) drawn approximately to scale, showing all terminal and intermediate points, both in the United States and in all foreign countries to be served by applicant in connection with the service for which the permit is sought, giving the approximate air mileages between all adjacent points, and principal overall distances. (ER-146, 14 F.R. 3528, June 29, 1949, as amended by ER-367, 27 F.R. 11633, Nov. 24, 1962)

plications for renewal of previously granted foreign air carrier permits authorizing casual, occasional and infrequent flights across the Canada-United -States borders with small aircraft may

incorporate by reference supporting documents previously submitted in connection with their applications for original 402 permits where no substantial changes have occurred since the filing of the original documents. (ER-385, 28 F.R. 8284, Aug. 13, 1963) $211.5 General provisions regarding

contents. The statements contained in an ap:plication shall be restricted to significant and relevant facts. They shall be free from argumentation or from - expressions of opinion, except as such may be required by this part. Each ap

plication shall give full and adequate information with respect to each of the items set forth in this section. The application may contain such other information and data as the applicant shall deem necessary or appropriate in order to acquaint the Board fully with the particular circumstances of its case. Among other things, every such application shall contain the following information:

(a) The full name and address of the capplicant, the nature of its organization (individual, partnership, corporation, etc.), and, if other than an individual, the name of the country under the laws of which it is organized and the statutory citation of such laws, if any. The citizenship of the applicant should be shown, as well as the percentage of direct and indirect beneficial and non- beneficial interest in applicant held by each government and aggregate of nationals of each government, other than the government of applicant's citizenship. If the applicant is governmentally owned or controlled in whole or in part, the extent of such governmental ownership or control should be shown.

(b) The name and oficial address of the competent air authority of applicant's country of citizenship having regulatory jurisdiction over applicant.

(c) An identification of the route or routes to be covered by the permit for which application is made, specifying

PART 212_OFF-ROUTE CHARTER

TRIPS BY FOREIGN AIR CARRIERS Sec. 212.1 Definitions. 212.2 Scope of authorization. 212.3 Tariffs to be filled for off-route charter

trips. 212.4 Lim ation on the operation of off

route charter trips. 212.5 Statements of Authorization; appll

cation. 212.6 Issuance of Statement of Authoriza

tion. 212.7 Keeping of records.

AUTHORITY: The provisions of this Part 212 issued under secs. 204, 402, 72 Stat. 743, 757; 49 U.N.C. 1324, 1372.

SOURCE: The provisions of this part 212 contained in ER-236, 23 F.R. 7062, Sept. 12, 1958, unless otherwise noted. 8 212.1 Definitions.

For the purposes of this part:

(a) "Charter trip” means foreign air transportation performed by a foreign air carrier holding a foreign air carrier permit issued pursuant to section 402 of the Act authorizing such carrier to engage in foreign air transportation on an individually ticketed or individually waybilled basis where the entire capacity of one or more aircraft has been engaged for the movement of persons and their baggage or for the movement of property, on a time, mileage or trip basis.

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