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.

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

I (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.

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

academic study course abroad.1 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

1 The Board recently amended the provisions of Part 295 with respect to "study group charters" (ER-450, 31 F.R. 557), but postponed the effective date of the amendment pending disposition of the petitions for reconsideration thereof (ER-452, 31 F.R. 2681). If the Board subsequently makes effective the study group charter amendment to Part 295, appropriate changes will be made in Part 214.

A waiver of any of the provisions of this part may be granted by the Board upon the submission by a foreign air carrier of a written request therefor not less than 30 days prior to the flight to which it relates provided such a waiver is in the public interest and it appears to the Board that special or unusual circumstances warrant a departure from the provisions set forth herein.

§ 214.4 Separability.

If any provision of this part or the application thereof to any air transportation, person, class of persons, or circumstance is held invalid, neither the remainder of the part nor the application of such provision to other air transportation, persons, classes of persons, or circumstances shall be affected thereby.

(a) Every foreign air carrier operating pursuant to this part shall retain true copies of the following documents for a period of 2 years at its principal or general office and shall make them available in the United States upon request at any proper time by an authorized representative of the Board or the Federal Aviation Agency: Every charter contract, all passenger manifests including those filed by charterers, and proof of the commission paid to any travel agent by the carrier.

(b) Each foreign air carrier operating pursuant to this part shall pursuant to Part 221 of this subchapter maintain at its principal or general office a complete

file of all tariffs issued by it and by its agents and those issued by other carriers in which it concurs. Each tariff shall be retained until 3 years after the expiration or cancellation thereof.

(c) Each foreign air carrier operating pursuant to this part shall, pursuant to Part 223 of this subchapter, maintain for 3 years in its general offices a record of all passes issued by it and used for free or reduced-rate transportation over its routes.

Subpart A-Provisions Relating to Pro Rata Charters

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

REQUIREMENTS RELATING TO FOREIGN AIR CARRIERS

(a) A carrier shall not engage, directly, or indirectly, in any solicitation of individuals (through personal contact, otherwise) advertising, or 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.

§ 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 214.2 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.

Economic Regulations (Part 221 of this subchapter) showing all rates, fares, and charges for the use of the entire 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. 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 p Board, in accordance with Part 221 of 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.

§ 214.14 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 O 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 carrier'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 Echarter group may be transported one

In

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.

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 carrier from offering to each member of the charter group such advertising and goodwill items as are customarily extended to individually ticketed passengers (e.g., a canvas traveling bag or a money exchange computer).

REQUIREMENTS RELATING TO TRAVEL
AGENTS

§ 214.20 Prohibition against double compensation.

A travel agent may not receive a commission from both the direct foreign air carrier and the charterer for the same service.

§ 214.21 Prohibition against payments or gratuities.

A travel agent shall make no payments nor extend gratuities of any kind, di

rectly, 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 goodwill items as are customarily extended to individually ticketed passengers (e.g., a canvas traveling bag or a money exchange computer). REQUIREMENTS RELATING TO THE CHARTERING ORGANIZATION

§ 214.30 Solicitation of charter participants.

As the following terms are defined in § 214.2, 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 together by means of a solicitation of the general public.

§ 214.31 Passengers on charter flights.

Only bona fide members of the charterer, and their immediate families, 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 § 214.14(c). When more than one round trip is contracted for, intermingling between flights or reforming of plane-load groups (or in the case of carriers authorized to operate charter one-half flights under § 214.2(b) (2)

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

§ 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.

§ 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; ex

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

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 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 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).

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 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 outbound and inbound 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 flight 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 charter composed of participants in a formal academic study course abroad.

(Signature)

Subpart B-Provisions Relating to Single Entity Charters

§ 214.39

Applicability of subpart.

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

§ 214.40 Tariffs to be on file.

The provisions of § 214.13 shall apply to charters under this subpart. § 214.41 Terms of service.

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 of one or more aircraft, or, if a foreign air carrier is authorized to operate charters as defined in § 214.2(b) (2), for one-half the capacity of one or more aircraft. § 214.42

agents.

Commissions paid to travel

No direct foreign 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.

Subpart C-Provisions Relating to Mixed Charters

§ 214.50 Applicable rules.

The rules set forth in Subpart A of this part shall apply in the case of mixed charters.