FAA 14 CFR PART 250-2011 OVERSALES《海外销售》.pdf

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1、193 Office of the Secretary, DOT Pt. 250 SCHEDULE OF RECORDSContinued See footnote at end of table Category of records Retention period 10. Correspondence and working papers relating to rate and route proceedings . 3 years. 1One year-mail-property; 2 years-passengers. ER1214, 46 FR 25415, May 6, 198

2、1, as amended at 60 FR 66726, Dec. 26, 1995 249.21 Preservation of records by public charter operators and over-seas military personnel charter op-erators. Each operator authorized under parts 372 and 380 of this chapter shall retain the following records for 6 months after completion or cancellatio

3、n of the flight or series of flights. The records shall be made available upon request of an authorized representative of the DOT. (a) All receipts and statements of travel agents and all other documents which show deposits made by each charter participant or which show re-funds to charter participa

4、nts. (b) All receipts and statements of travel agents and all other documents which show or reflect commissions re-ceived, paid to, or deducted by travel agents in connection with the flight or series of flights. (c) All statements, invoices, bills, and receipts from suppliers for fur-nishing of goo

5、ds or services in connec-tion with the tour or series of tours. (d) All customer reservations records for each flight. (e) All contracts with individual tour participants. (f) All bank statements and reconcili-ations for escrow bank accounts opened and maintained in accordance with DOT regulations.

6、ER1214, 46 FR 25415, May 6, 1981, as amend-ed at 60 FR 66726, Dec. 26, 1995 Subpart CRegulations Relating to the Truth-in-Lending Act 249.30 Applicability. This subpart is applicable to all air carriers and foreign air carriers as de-fined in 49 U.S.C. 40102, including, with-out limitation, direct c

7、arriers, air taxi operators registered under part 298 of this chapter, indirect air carriers reg-istered under part 296 of this chapter, charter operators authorized under parts 372 and 380 of this chapter, and foreign air carriers holding permits to engage in indirect foreign air transpor-tation is

8、sued under 49 U.S.C. 41302. ER1214, 46 FR 25415, May 6, 1981, as amend-ed at 60 FR 66726, Dec. 26, 1995 249.31 Preservation and inspection of evidence of compliance. Air carriers and foreign air carriers shall preserve evidence of compliance with the requirements imposed under Regulation Z of the Bo

9、ard of Governors of the Federal Reserve System (12 CFR part 226), implementing the provisions of Title I (Truth in Lending) and Title V (General Provisions) of the Consumer Credit Protection Act, as amended (15 U.S.C. 1601 et seq.) other than the ad-vertising requirements under 226.10 of regulation

10、Z. This evidence shall be preserved for no less than 2 years after the date each disclosure is required to be made and shall be made available for inspection by authorized represent-atives of the DOT. ER1214, 46 FR 25415, May 6, 1981, as amend-ed at 60 FR 66726, Dec. 26, 1995 PART 250OVERSALES Sec.

11、250.1 Definitions. 250.2 Applicability. 250.2a Policy regarding denied boarding. 250.2b Carriers to request volunteers for de-nied boarding. 250.3 Boarding priority rules. 250.5 Amount of denied boarding compensa-tion for passengers denied boarding in-voluntarily. 250.6 Exceptions to eligibility for

12、 denied boarding compensation. 250.7 Reserved 250.8 Denied boarding compensation. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted wi

13、thout license from IHS-,-,-194 14 CFR Ch. II (1111 Edition) 250.1 250.9 Written explanation of denied board-ing compensation and boarding prior-ities. 250.10 Report of passengers denied con-firmed space. 250.11 Public disclosure of deliberate over-booking and boarding procedures. AUTHORITY: 49 U.S.C

14、. 329 and chapters 41102, 41301, 41708, 41709, and 41712. SOURCE: ER1306, 47 FR 52985, Nov. 24, 1982, unless otherwise noted. 250.1 Definitions. Airport means the airport at which the direct or connecting flight, on which the passenger holds confirmed reserved space, is planned to arrive or some oth

15、er airport serving the same metropolitan area, provided that trans-portation to the other airport is ac-cepted (i.e., used) by the passenger. Carrier means: (1) a direct air carrier, except a helicopter operator, holding a certificate issued by the Department of Transportation pursuant to 49 U.S.C.

16、41102 or that has been found fit to con-duct commuter operations under 49 U.S.C. 41738, or an exemption from 49 U.S.C. 41102, authorizing the scheduled transportation of persons; or (2) a for-eign air carrier holding a permit issued by the Department pursuant to 49 U.S.C. 41302, or an exemption from

17、 that provision, authorizing the scheduled foreign air transportation of persons. Comparable air transportation means transportation provided to passengers at no extra cost by a carrier as defined above. Confirmed reserved space, means space on a specific date and on a specific flight and class of s

18、ervice of a carrier which has been requested by a pas-senger and which the carrier or its agent has verified, by appropriate nota-tion on the ticket or in any other man-ner provided therefor by the carrier, as being reserved for the accommodation of the passenger. Stopover means a deliberate interru

19、p-tion of a journey by the passenger, scheduled to exceed 4 hours, at a point between the place of departure and the final destination. Sum of the values of the remaining flight coupons means the sum of the ap-plicable one-way fares, including any surcharges and air transportation taxes, less any ap

20、plicable discounts. ER1306, 47 FR 52985, Nov. 24, 1982, as amend-ed by ER1337, 48 FR 29680, June 28, 1983; 68 FR 52836, Sept. 8, 2003; Doc. No. DOT OST 019325, 73 FR 21033, Apr. 18, 2008 250.2 Applicability. This part applies to every carrier, as defined in 250.1, with respect to sched-uled flight s

21、egments using an aircraft that has a designed passenger capacity of 30 or more passenger seats, oper-ating in (1) interstate air transpor-tation or (2) foreign air transportation with respect to nonstop flight seg-ments originating at a point within the United States. Docket No. DOTOST019325, 73 FR

22、21033, Apr. 18, 2008 250.2a Policy regarding denied boarding. In the event of an oversold flight, every carrier shall ensure that the smallest practicable number of persons holding confirmed reserved space on that flight are denied boarding invol-untarily. 250.2b Carriers to request volunteers for d

23、enied boarding. (a) In the event of an oversold flight, every carrier shall request volunteers for denied boarding before using any other boarding priority. A volunteer is a person who responds to the car-riers request for volunteers and who willingly accepts the carriers offer of compensation, in a

24、ny amount, in ex-change for relinquishing the confirmed reserved space. Any other passenger de-nied boarding is considered for pur-poses of this part to have been denied boarding involuntarily, even if that passenger accepts the denied boarding compensation. (b) Every carrier shall advise each passe

25、nger solicited to volunteer for de-nied boarding, no later than the time the carrier solicits that passenger to volunteer, whether he or she is in dan-ger of being involuntarily denied boarding and, if so, the compensation the carrier is obligated to pay if the passenger is involuntarily denied boar

26、ding. If an insufficient number of volunteers come forward, the carrier may deny boarding to other passengers VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproductio

27、n or networking permitted without license from IHS-,-,-195 Office of the Secretary, DOT 250.6 in accordance with its boarding pri-ority rules. ER1337, 48 FR 29680, June 28, 1983, as amended at 68 FR 52836, Sept. 8, 2003; Docket No. DOTOST019325, 73 FR 21034, Apr. 18, 2008 250.3 Boarding priority rul

28、es. (a) Every carrier shall establish pri-ority rules and criteria for determining which passengers holding confirmed re-served space shall be denied boarding on an oversold flight in the event that an insufficient number of volunteers come forward. Such rules and criteria shall reflect the obligati

29、ons of the car-rier set forth in 250.2a and 250.2b to minimize involuntary denied boarding and to request volunteers, and shall be written in such manner as to be under-standable and meaningful to the aver-age passenger. Such rules and criteria shall not make, give, or cause any undue or unreasonabl

30、e preference or advantage to any particular person or subject any particular person to any unjust or unreasonable prejudice or disadvantage in any respect whatso-ever. (b) Boarding priority factors may in-clude, but are not limited to, the fol-lowing: (1) A passengers time of check-in; (2) Whether a

31、 passenger has a seat as-signment before reaching the departure gate for carriers that assign seats; (3) The fare paid by a passenger; (4) A passengers frequent-flyer sta-tus; and (5) A passengers disability or status as an unaccompanied minor. ER1306, 47 FR 52985, Nov. 24, 1982, as amend-ed by ER13

32、37, 48 FR 29680, June 28, 1983; Docket No. DOTOST019325, 73 FR 21034, Apr. 18, 2008 250.5 Amount of denied boarding compensation for passengers de-nied boarding involuntarily. (a) Subject to the exceptions pro-vided in 250.6, a carrier to whom this part applies as described in 250.2 shall pay compen

33、sation to passengers denied boarding involuntarily from an over-sold flight at the rate of 200 percent of the fare (including any surcharges and air transportation taxes) to the pas-sengers next stopover, or if none, to the passengers final destination, with a maximum of $800. However, the com-pensa

34、tion shall be one-half the amount described above, with a $400 maximum, if the carrier arranges for comparable air transportation see 250.1, or other transportation used by the passenger that, at the time either such arrange-ment is made, is planned to arrive at the airport of the passengers next st

35、opover, or if none, the airport of the passengers final destination, not later than 2 hours after the time the direct or connecting flight from which the passenger was denied boarding is planned to arrive in the case of inter-state air transportation, or 4 hours after such time in the case of foreig

36、n air transportation. (b) Carriers may offer free or reduced rate air transportation in lieu of the cash due under paragraph (a) of this section, if (1) the value of the transpor-tation benefit offered is equal to or greater than the cash payment other-wise required, and (2) the carrier in-forms the

37、 passenger of the amount of cash compensation that would other-wise be due and that the passenger may decline the transportation benefit and receive the cash payment. ER1337, 48 FR 29680, June 28, 1983, as amended at 68 FR 52836, Sept. 8, 2003; Docket No. DOTOST019325, 73 FR 21034, Apr. 18, 2008 250

38、.6 Exceptions to eligibility for de-nied boarding compensation. A passenger denied boarding involun-tarily from an oversold flight shall not be eligible for denied boarding com-pensation if: (a) The passenger does not comply fully with the carriers contract of car-riage or tariff provisions regardin

39、g ticketing, reconfirmation, check-in, and acceptability for transportation; (b) The flight for which the passenger holds confirmed reserved space is un-able to accommodate that passenger because of substitution of equipment of lesser capacity when required by oper-ational or safety reasons; or, on

40、an air-craft with a designed passenger capac-ity of 60 or fewer seats, the flight for which the passenger holds confirmed reserved space is unable to accommo-date that passenger due to weight/bal-ance restrictions when required by operational or safety reasons; VerDate Mar2010 13:23 Feb 23, 2011 Jkt

41、 223046 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-196 14 CFR Ch. II (1111 Edition) 250.7 (c) The passenger is offered accom-modations or is sea

42、ted in a section of the aircraft other than that specified on the ticket at no extra charge, ex-cept that a passenger seated in a sec-tion for which a lower fare is charged shall be entitled to an appropriate re-fund; or (d) The carrier arranges comparable air transportation, or other transpor-tatio

43、n used by the passenger at no extra cost to the passenger, that at the time such arrangements are made is planned to arrive at the airport of the passengers next stopover or, if none, at the airport of the final destination not later than 1 hour after the planned arrival time of the passengers origi

44、nal flight or flights. ER1337, 48 FR 29680, June 28, 1983, as amended at Docket No. DOTOST019325, 73 FR 21034, Apr. 18, 2008 250.7 Reserved 250.8 Denied boarding compensation. (a) Every carrier shall tender to a passenger eligible for denied boarding compensation, on the day and place the denied boa

45、rding occurs, except as pro-vided in paragraph (b), cash or an im-mediately negotiable check for the ap-propriate amount of compensation pro-vided in 250.5. (b) Where a carrier arranges, for the passengers convenience, alternate means of transportation that departs before the payment can be prepared

46、 and given to the passenger, tender shall be made by mail or other means within 24 hours after the time the de-nied boarding occurs. ER1394, 49 FR 43625, Oct. 31, 1984 250.9 Written explanation of denied boarding compensation and board-ing priorities. (a) Every carrier shall furnish pas-sengers who

47、are denied boarding invol-untarily from flights on which they hold confirmed reserved space imme-diately after the denied boarding oc-curs, a written statement explaining the terms, conditions, and limitations of denied boarding compensation, and describing the carriers boarding pri-ority rules and

48、criteria. The carrier shall also furnish the statement to any person upon request at all airport tick-et selling positions which are in the charge of a person employed exclu-sively by the carrier, or by it jointly with another person or persons, and at all boarding locations being used by the carrie

49、r. (b) The statement shall read as fol-lows: COMPENSATION FOR DENIED BOARDING If you have been denied a reserved seat on (name of air carrier), you are probably entitled to monetary com-pensation. This notice explains the air-lines obligation and the passengers rights in the case of an oversold flight, in accordance with regulations of the U.S. Department of Transportation. VO