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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 con. nection 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 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 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 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. In 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.

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 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 cept that (1) children under 12 years of chartering organization whether in rela age may be transported at a charge less tion to air transportation or otherwise. than the equally prorated charge; (2) Nothing in this section shall restrict a children under 2 years of age may be travel agent from offering to each mem transported free of charge. ber of the charter group such advertis (b) The charterer shall not make ing and goodwill items as are custom charges to the charter participants which arily extended to individually ticketed exceed the actual costs incu in conpassengers (e.g., a canvas traveling bag summating the charter arrangements, or a money exchange computer).

nor include as a part of the assessment

for the charter flight any charge for REQUIREMENTS RELATING TO THE CHAR

purposes of charitable donations. All TERING ORGANIZATION

charges related to the charter flight ar$ 214.30 Solicitation of charter par rangements collected from the charter ticipants.

participants which exceed the actual As the following terms are defined in

costs thereof shall be refunded to the par$ 214.2, members of the charter group

ticipants in the same ratio as the charges may be solicited only from among the

were collected. bona fide members of an organization,

(c) Reasonable administrative costs club, or other entity, and their imme

of organizing the charter may be divided diate families, and may not be brought

among the charter participants. Such

costs may include a reasonable charge together by means of a solicitation of the general public.

for compensation to members of the

charter organization for actual labor $ 214.31 Passengers on charter flights. and personal expenses incurred by them. Only bona fide members of the char

Such charge shall not exceed $300 (or terer, and their immediate families, may

$500 where the charter participants numparticipate as passengers on a charter

ber more than 80) per round-trip flight. flight. The charterer must maintain a

Neither the organizers of the charter, nor central membership list, available for

any member of the chartering organizainspection by the carrier or Board repre

tion, may receive any gratuities or comsentative, which shows the date each pensation, direct or indirect, from the person became a member. Where the carrier, the travel agent, or any orgacharterer is engaging round-trip trans

nization which provides any service to the portation, one-way passengers shall not chartering organization whether of an participate in the charter flight except

air transportation nature or otherwise. as provided in § 214.14(c). When more

Nothing in this section shall preclude a than one round trip is contracted for, member of a chartering organization who intermingling between flights or reform

is the carrier's agent from receiving & ing of plane-load groups (or in the case

commission from the carrier (within the of carriers authorized to operate charter

limits of § 214.15), or prevent any memflights under § 214.2(b) (2) one-half

ber of the charter group from accepting plane-load groups) shall not be permit

such advertising and good will items as ted and each such group must move as

are customarily extended to individually a unit in both directions.

ticketed passengers (e.g., a canvas trav

eling bag or a money exchange com§ 214.32 Participation of immediate

puter). families in charter flights.

(d) If the total expenditures, including The immediate family of any bona fide among other items compensation to member of a charter organization may members of the chartering organization, participate in a charter flight.

referred to in paragraph (c) of this sec

tion, but exclusive of expenses for air $ 214.33 Charter costs.

transportation or land tours, exceed $750 (a) The costs of charter flights shall per round-trip flight, such expenditures be prorated equally among all charter shall be supported by properly authentipassengers and no charter passenger

cated vouchers. shall be allowed free transportation; ex

$ 214.34 Statements of charges. 3 Where the charter is based on employ

Any announcements or statements ment in one entity or student status at a

by the charterer to prospective charter college, records of the corporation, agency

to will sufice

meet or

this college

participants of the anticipated individual requirement.

charge for the charter shall clearly

identify the portion of the charges to be The attached list of persons includes every separately paid for the air transporta individual who may participate in the chartion, for the land tour, and for the ad

ter flight. Every person as identified on the

attached list (1) was a bona fide member of ministrative expenses of the charter.

the chartering organization at the time the $ 214.35 Passenger manifests.

chartering organization first gave notice to

its members of firm charter plans, and will (a) Prior to each one-way or round have been a member for at least 6 months trip flight a manifest shall be filed by the prior to the starting flight date, or (2) is a charterer with the foreign air carrier bona fide member of an entity consisting of showing the names and addresses of the (a) students and educational staff of a single persons to be transported and specifying

school, or (b) employees of a single Govern

ment agency, industrial plant, or mercantile the relationship of each such person to

establishment, or (3) is a person whose parthe charterer (by designating opposite

ticipation has been specifically permitted by his name one of the three relationship the Civil Aeronautics Board, or (4) is the categories hereinafter described). The spouse, dependent child, or parent of a permanifest may include “stand-by" son described hereinbefore and lives in such participants (by name, address, and person's household, or (5) is a bona fide parrelationship to charterer).

ticipant in a charter composed of partici

pants in a formal academic study course (b) The relationship of a prospective

abroad. passenger shall be classified under one of the following categories and specified

(Signature) on the passenger manifest as follows: (1) A bona fide member of the char

Subpart B-Provisions Relating to tering organization at the time the or

Single Entity Charters ganization first gave notice to its members of firm charter plans and will $ 214.39 Applicability of subpart. have been a bona fide member of the

This subpart sets forth the special rules chartering organization for at least 6

applicable to single entity charters. months prior to the starting flight date. Specify on the passenger manifest as $ 214.40 Tariffs to be on file. “(1) member.”

The provisions of $ 214.13 shall apply (2) The spouse, dependent child, or

to charters under this subpart. parent of a bona fide member who lives in such member's household. Specify on $ 214.41 Terms of service. the passenger manifest as “(2) spouse"

The total charter price and other or “(2) dependent child” or “(2) par

terms of service shall conform to those ent.” Also give name and address of

set forth in the applicable tariff filed in member relative where such member is

accordance herewith and the contract not a prospective passenger.

shall be for the entire capacity of one or (3) Bona fide members of entities con

more aircraft, or, if a foreign air carrier sisting only of persons from a study

is authorized to operate charters as degroup, or a college campus, or employed

fined in § 214.2(b) (2), for one-half the by a single Government agency, indus

capacity of one or more aircraft. trial plant, or mercantile company, or persons whose proposed participation in § 214.42 Commissions paid to travel the charter flight was permitted by the agents. Board pursuant to request for waiver.

No direct foreign air carrier shall pay a Specify on the passenger manifest as

travel agent any commission in excess “(3) special” or “(3) member" (where

of 5 percent of the total charter price or participants are from a study or cam

more than the commission related to pus group, or from a Government agency,

charter flights paid to an agent by a industrial plant, or mercantile company).

carrier certificated to fly the same route, (c) In the case of a round-trip flight,

whichever is greater. the above information must be shown for each leg of the flight and any variations Subpart C-Provisions Relating to between the outbound and inbound

Mixed Charters trips must be explained on the manifest.

$ 214.50 Applicable rules. (d) Attached to such manifest must be a certification, signed by a duly author The rules set forth in Subpart A of this ized representative of the charterer, part shall apply in the case of mixed reading:

charters. 66-031-67 4

43

as provided in $ $ 221.21(j) and 221.35(d) of this chapter (Economic Regulations), minor variations in the use of this name including abbreviations, contractions, initial letters, or other variations of such name which are readily identifiable therewith are permitted. Slogans and service marks shall not be considered names for the purposes of this part, and their use is not restricted hereby. $ 215.3 Change of name or use of trade

an

name.

Subpart D-Procedure for Advisory

Opinion on the Eligibility of a Char

terer § 214.60 Advisory opinion.

A foreign air carrier or prospective charterer may request advisory opinion from the Bureau of Operating Rights, 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 complete information as to the chartering organization (purposes, activities, date founded, membership requirements, and fees); the purpose of the charter trip; the requirements for participation in the charter; how charter participants were solicited; and the anticipated charges to the participants.

NOTE: The reporting and record-retention requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

1

PART 215_NAMES OF AIR CARRIERS

AND FOREIGN AIR CARRIERS Sec. 215.1 Applicability. 215.2 Use of name. 215.3 Change of name or use of trade name. 215.4 Procedure in cases of similarity of

names. AUTHORITY: The provisions of this Part 215 issued under secs. 101(3), 204(a), 401, 402, 411, 416, 417, 72 Stat. 737, 743, 754, 757, 769, 771, 76 Stat. 145; 49 U.S.C. 1301, 1324, 1371, 1372, 1381, 1386, 1387.

SOURCE: The provisions of this Part 215 contained in ER-386, 28 F.R. 9201, Aug. 21, 1963, unless otherwise noted. 8 215.1 Applicability.

This part applies to all direct and indirect air carriers and foreign air carriers, except air taxi operators. § 215.2 Use of name.

In holding out to the public and in performing air transportation services, an air carrier or foreign air carrier subject to this part shall use only the name in which its operating authorization is issued, or a name the use of which has been authorized by the Board. Except

(a) Applications. Any carrier subject to this part which desires to change the name in which its operating authoriza- 1 tion has been issued or a name the use of which has previously been authorized by the Board, or to use a trade name, may file with the Board an application for permission to do so. The application: shall comply with $$ 302.3 and 302.4 of this chapter (Board's Procedural Regulations) but need not be served on any person unless the Board so directs.

(b) Disposition. Upon proceedings pursuant to $ 215.4 (a), (b), (c) and (d), the Board will grant permission for the change of name or use of a trade name if it finds that the use of such name is not contrary to the public interest. Any such permission may be conditioned upon the abandonment of the use of the currently authorized name or names in air transportation service by the party concerned, or otherwise be made subject to such reasonable terms and conditions as the Board may find necessary to protect the public interest. If the name originally applied for is one in which the applicant has a prior business interest, the applicant may be permitted by the Board to advertise his affiliation with his other business, even though his operating authority has not been issued under that original name because of the public confusion problem. For example:

(1) If an applicant is in business as a surface freight forwarder under a name which might cause confusion, and he wishes to organize a new company for his air freight forwarder business, he may be permitted to represent to the public that the new company is an “affili. ate of

a surface freight forwarder." The new company name shall always be displayed more prominently than the name of the company with which the carrier is affiliated, and, as illustrated, the nature of the business of the company with which the new company is affiliated shall always be

displayed as prominently as its name.

(2) If an applicant intends to undertake air transportation activities under an existing company name which would cause confusion, he may be required to hold out his air transportation activities under a trade name. However, it may be necessary to include a requirement that the existing company name as well as the trade name appear on all airwaybills and contracts entered into by the company, as well as on all insurance policies in a form which will obviate any possible confusion, such as:

-Forwarding Co.

d/b/&

Ajax Air Freight In such instances, the trade name selected shall at all times be displayed more prominently than the company name, and the company name shall not be used in any way for advertising purposes, unless the fact that there is no affiliation with another air carrier is prominently spelled out. § 215.4 Procedure in cases of similarity

of names. (a) Initiation of proceeding. When processing an application for an exemption to perform air transportation services, a letter of registration, an operating authorization, or for any other operating rights except certificates of public convenience and necessity and foreign air carrier permits, or when processing an application for permission to change names or to use a trade name, the Board will compare the proposed name with a list of names used by existing and former air carriers and foreign air carriers, other than air taxi operators. Names not used for a considerable length of time may be deleted from the list. If it appears that a possibility of public confusion with a name or names on the list exists, the Board will notify the carrier or carriers which may be affected because of present or past use of such names by themselves or by carriers which they have absorbed. The notification will identify the applicant and state its proposed name or the name requested, area of operation, location of agencies and terminals, type of business, and other pertinent matters. A copy of this notification will also be sent to the applicant.

NOTE: Non-action under this provision shall not be construed as a determination by the Board that there is confusion

similarity or as an adjudication of any rights or liabilities.

(b) Answer. Within 15 days the notified carrier or any other interested person may submit to the Board and serve upon the applicant an answer in writing setting forth its position as to whether public confusion will result because of similarity of names, along with relevant factual information. Such answers should set forth facts with respect to the following matters, among others: (1) The similarity of the names; (2) expected geographical overlap and relationship between the two carriers; (3) comparison of the types of operations of the respective carriers; and (4) the extent to which any or all of the words in the applicant's name or the name requested, or such words in any combination, have been identified by the public, with the other carrier. In this connection, the statement should point out (1) length of time the carrier has been operating; (ii) other carriers using the same words or combinations of them in their name; and (iii) relevant court or Board decisions concerning confusingly similar names. Where there is no notification by the Board, any interested person may file an answer within 30 days after the date of filing of the application.

(c) Reply. Within 15 days from the date of service of the answer, the applicant may submit a reply to the Board and serve it upon the persons who have filed answers.

(d) General requirements of pleadings. Answers and replies shall be filed with the Board in accordance with the requirements of $$ 302.3 and 302.4 of this chapter (Board's Procedural Regulations).

(e) Determination in case of applications for operating authority. If the Board determines that an applicant's name will not result in public confusion the application will be examined and acted upon according to its other merits. If it is determined that said name may result in public confusion, the applicant may, within 15 days, (1) amend the application by changing the proposed name, or (2) withdraw the application, or (3) request that the issue of similarity of names be assigned for hearing or considered as an issue if there is to be a hearing on the merits of the application. If the applicant asks for a hearing, he shall outline the evidence to be presented on this issue and shall show the need for hearing thereon. The Board may there

no

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