1、200 14 CFR Ch. II (1111 Edition) 252.15 252.15 Cigars and pipes. Air carriers shall prohibit the smok-ing of cigars and pipes aboard aircraft. 252.17 Enforcement. Air carriers and foreign air carriers shall take such action as is necessary to ensure that smoking by passengers or crew is not permitte
2、d in the pas-senger cabin or lavatories on no-smok-ing flight segments. Air carriers shall take such action as is necessary to en-sure that smoking by passengers or crew is not permitted in no-smoking sections or at other times or places where smoking is prohibited by this part, and to maintain requ
3、ired separa-tion of passengers in smoking and no- smoking areas. 252.19 Single-entity charters. On single-entity charters operated pursuant to 207.50 or 208.300 of this title, air carriers need not comply with the procedures of this part 252 if such a request is made by the charterer, pro-vided that
4、 each passenger on such flights is given notice of the smoking procedures for the flight at the time he or she first makes arrangements to take the flight. PART 253NOTICE OF TERMS OF CONTRACT OF CARRIAGE Sec. 253.1 Purpose. 253.2 Applicability. 253.3 Definitions. 253.4 Incorporation by reference in
5、the con-tract of carriage. 253.5 Notice of incorporated terms. 253.6 Explanation of incorporated terms. 253.7 Direct notice of certain terms. 253.8 Qualifications to notice requirements. 253.9 Retroactive changes to contracts of carriage. AUTHORITY: 49 U.S.C. 40113; 49 U.S.C. Chap-ters 401, 415 and
6、417. SOURCE: ER1302, 47 FR 52134, Nov. 19, 1982, unless otherwise noted. 253.1 Purpose. The purpose of this rule is to set uni-form disclosure requirements, which preempt any State requirements on the same subject, for terms incorporated by reference into contracts of carriage for scheduled service
7、in interstate and overseas passenger air transportation. 253.2 Applicability. This rule applies to all scheduled di-rect air carrier operations in interstate and overseas air transportation. It ap-plies to all contracts with passengers, for those operations, that incorporate terms by reference. ER13
8、23, 48 FR 6318, Feb. 11, 1983 253.3 Definitions. Large aircraft means any aircraft de-signed to have a maximum passenger capacity of more than 60 seats. Passenger means any person who pur-chases, or who contacts a ticket office or travel agent for the purpose of pur-chasing, or considering the purch
9、ase of, air transportation. Ticket office means station, office, or other location where tickets are sold that is under the charge of a person employed exclusively by the carrier, or by it jointly with another person. 253.4 Incorporation by reference in the contract of carriage. (a) A ticket or othe
10、r written instru-ment that embodies the contract of carriage may incorporate contract terms by reference (i.e., without stat-ing their full text), and if it does so shall contain or be accompanied by no-tice to the passenger as required by this part. In addition to other remedies at law, an air carr
11、ier may not claim the benefit as against the passenger of, and the passenger shall not be bound by, any contract term incorporated by reference if notice of the term has not been provided to that passenger in ac-cordance with this part. (b) Each air carrier shall make the full text of each term that
12、 it incor-porates by reference in a contract of carriage available for public inspection at each of its airport and city ticket of-fices. (c) Each air carrier shall provide free of charge by mail or other delivery service to passengers, upon their re-quest, a copy of the full text of its terms incor
13、porated by reference in the contract. Each carrier shall keep avail-able at all times, free of charge, at all locations where its tickets are sold within the United States information VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Av
14、iles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-201 Office of the Secretary, DOT 253.8 sufficient to enable passengers to order the full text of such terms. (The notice requirements contained in para-graphs (b) and (c)
15、were approved by the Of-fice of Management and Budget under con-trol number 30240061) ER1302, 47 FR 52134, Nov. 19, 1982, as amend-ed by ER1309, 47 FR 54764, Dec. 6, 1982 253.5 Notice of incorporated terms. Except as provided in 253.8, each air carrier shall include on or with a tick-et, or other wr
16、itten instrument given to a passenger, that embodies the con-tract of carriage and incorporates terms by reference in that contract, a conspicuous notice that: (a) Any terms incorporated by ref-erence are part of the contract, pas-sengers may inspect the full text of each term incorporated by refere
17、nce at the carriers airport or city ticket of-fices, and passengers have the right, upon request at any location where the carriers tickets are sold within the United States, to receive free of charge by mail or other delivery service the full text of each such incorporated term; (b) The incorporate
18、d terms may in-clude and passengers may obtain from any location where the carriers tick-ets are sold within the United States further information concerning: (1) Limits on the air carriers liabil-ity for personal injury or death of pas-sengers, and for loss, damage, or delay of goods and baggage, i
19、ncluding fragile or perishable goods; (2) Claim restrictions, including time periods within which passengers must file a claim or bring an action against the carrier for its acts or omissions or those of its agents; (3) Rights of the carrier to change terms of the contract. (Rights to change the pri
20、ce, however, are gov-erned by 253.7); (4) Rules about reconfirmation of res-ervations, check-in times, and refusal to carry; (5) Rights of the carrier and limita-tions concerning delay or failure to perform service, including schedule changes, substitution of alternate air carrier or aircraft, and r
21、erouting. (Approved by the Office of Management and Budget under control number 30240061) ER1302, 47 FR 52134, Nov. 19, 1982, as amend-ed by ER1309, 47 FR 54764, Dec. 6, 1982; ER 1370, 48 FR 54591, Dec. 6, 1983; ER1375, 49 FR 5064, Feb. 10, 1984 253.6 Explanation of incorporated terms. Each air carr
22、ier shall ensure that any passenger can obtain from any lo-cation where its tickets are sold within the United States a concise and imme-diate explanation of any terms incor-porated by reference, concerning the subjects listed in 253.5(b). (Approved by the Office of Management and Budget under contr
23、ol number 30240061) ER1302, 47 FR 52134, Nov. 19, 1982, as amend-ed by ER1309, 47 FR 54764, Dec. 6, 1982 253.7 Direct notice of certain terms. A passenger shall not be bound by any terms restricting refunds of the ticket price, imposing monetary pen-alties on passengers, or permitting the carrier to
24、 raise the price, unless the passenger receives conspicuous written notice of the salient features of those terms on or with the ticket. (Approved by the Office of Management and Budget under control number 30240061) ER1302, 47 FR 52134, Nov. 19, 1982, as amend-ed by ER1309, 47 FR 54764, Dec. 6, 198
25、2 253.8 Qualifications to notice re-quirements. (a) If notice is not provided in accord-ance with 253.5 at a ticket sales loca-tion outside of the United States that is not a U.S. air carrier ticket office, the price paid for the portion of such ticket that is for interstate and over-seas air transp
26、ortation shall be refund-able without penalty if the passenger refuses transportation by the carrier. Each air carrier shall ensure that pas-sengers who have bought tickets at those locations without the notice re-quired in 253.5 are given that notice not later than check-in for the travel in inters
27、tate or overseas air transpor-tation, and that conspicuous notice is included on or with the ticket stating that the price for that travel is refund-able without penalty. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGB
28、LS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-202 14 CFR Ch. II (1111 Edition) 253.9 (b) An air taxi operator (including a commuter air carrier) not operating under subpart I of part 298 of this chap-ter shall not be considered to
29、 have in-corporated terms by reference into its contract of carriage merely because a passenger has purchased a flight seg-ment on that carrier that appears on ticket stock that contains a statement that terms have been incorporated by reference. However, such an air taxi op-erator may not claim the
30、 benefit as against the passenger of, and the pas-senger shall not be bound by, any con-tract term incorporated by reference if notice of the term has not been pro-vided to the passenger in accordance with this part. ER1370, 48 FR 54591, Dec. 6, 1983 253.9 Retroactive changes to con-tracts of carria
31、ge. An air carrier may not retroactively apply to persons who have already bought a ticket any material amend-ment to its contract of carriage that has significant negative implications for consumers. DOT-OST-2007-0022, 74 FR 69002, Dec. 30, 2009 PART 254DOMESTIC BAGGAGE LIABILITY Sec. 254.1 Purpose
32、. 254.2 Applicability. 254.3 Definitions. 254.4 Carrier liability. 254.5 Notice requirement. 254.6 Periodic adjustments. AUTHORITY: 49 U.S.C. 40113, 41501, 41504, 41510, 41702, and 41707. SOURCE: ER1374, 49 FR 5071, Feb. 10, 1984, unless otherwise noted. 254.1 Purpose. The purpose of this part is to
33、 estab-lish rules for the carriage of baggage in interstate and intrastate air transpor-tation. The part sets permissible limi-tations of air carrier liability for loss, damage, or delay in the carriage of pas-senger baggage and requires air car-riers to provide certain types of notice to passengers
34、. ER1374, 49 FR 5071, Feb. 10, 1984, as amend-ed at 64 FR 70575, Dec. 17, 1999 254.2 Applicability. This part applies to any air carrier that provides charter or scheduled pas-senger service in interstate or intra-state air transportation. ER1374, 49 FR 5071, Feb. 10, 1984, as amend-ed at 64 FR 7057
35、5, Dec. 17, 1999 254.3 Definitions. Large aircraft means any aircraft de-signed to have a maximum passenger capacity of more than 60 seats. 254.4 Carrier liability. On any flight segment using large aircraft, or on any flight segment that is included on the same ticket as an-other flight segment tha
36、t uses large aircraft, an air carrier shall not limit its liability for provable direct or con-sequential damages resulting from the disappearance of, damage to, or delay in delivery of a passengers personal property, including baggage, in its cus-tody to an amount less than $3,300 for each passenge
37、r. 72 FR 3943, Jan. 29, 2007, as amended at 73 FR 70592, Nov. 21, 2008 254.5 Notice requirement. In any flight segment using large air-craft, or on any flight segment that is included on the same ticket as another flight segment that uses large aircraft, an air carrier shall provide to pas-sengers,
38、by conspicuous written mate-rial included on or with its ticket, ei-ther: (a) Notice of any monetary limita-tion on its baggage liability to pas-sengers; or (b) The following notice: Federal rules require any limit on an airlines baggage liability to be at least $3,300 per passenger. 72 FR 3943, Jan
39、. 29, 2007, as amended by DOTOST20080332, 73 FR 70592, Nov. 21, 2008 254.6 Periodic adjustments. The Department of Transportation will review the minimum limit of li-ability prescribed in this part every two years. The Department will use the Consumer Price Index for All Urban Consumers as of July of each review year to calculate the revised minimum VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00212 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-,-,-
