1、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 have in-corporated terms by reference into its contract of carriage merely because a passenger has purchased a flig
2、ht 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 benefit as against the passenger of, and the pas-senger shall not be bound by, any con-tract term incorporated by r
3、eference 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 carriage. An air carrier may not retroactively apply to persons who have already bought a ticket any material amend-ment t
4、o 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. 254.2 Applicability. 254.3 Definitions. 254.4 Carrier liability. 254.5 Notice requirement. 254.6 Periodic adjustme
5、nts. 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 estab-lish rules for the carriage of baggage in interstate and intrastate air transpor-tation. The part sets permis
6、sible 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. ER1374, 49 FR 5071, Feb. 10, 1984, as amend-ed at 64 FR 70575, Dec. 17, 1999 254.2 Applicability. This part applie
7、s 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 70575, Dec. 17, 1999 254.3 Definitions. Large aircraft means any aircraft de-signed to have a maximum passenger capacity
8、 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 that uses large aircraft, an air carrier shall not limit its liability for provable direct or con-sequential damages re
9、sulting 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 passenger. 72 FR 3943, Jan. 29, 2007, as amended at 73 FR 70592, Nov. 21, 2008 254.5 Notice requirement. In any flight segme
10、nt 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, by conspicuous written mate-rial included on or with its ticket, ei-ther: (a) Notice of any monetary limita-tion on
11、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. 29, 2007, as amended by DOTOST20080332, 73 FR 70592, Nov. 21, 2008 254.6 Periodic adjustments. The Department of T
12、ransportation 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
13、 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-,-,-203 Office of the Secretary, DOT 255.4 liability amount. The Department will use the following formula: $2500 (a/b) rou
14、nded to the nearest $100 where: a = July CPI-U of year of current adjustment b = the CPIU figure in December 1999 when the inflation adjustment provision was added to part 254. 64 FR 70575, Dec. 17, 1999, as amended by DOTOST20080332, 73 FR 70592, Nov. 21, 2008 PART 255AIRLINE COMPUTER RESERVATIONS
15、SYSTEMS Sec. 255.1 Purpose. 255.2 Applicability. 255.3 Definitions. 255.4 Display of information. 255.5 Contracts with participating carriers. 255.6 Exceptions. 255.7 Prohibition against carrier bias. 255.8 Sunset Date. AUTHORITY: 49 U.S.C. 40101, 40102, 40105, 40113, 41712. SOURCE: 69 FR 1032, Jan.
16、 7, 2004, unless oth-erwise noted. 255.1 Purpose. (a) The purpose of this part is to set forth requirements for the operation of computer reservations systems used by travel agents and certain related air carrier distribution practices so as to prevent unfair, deceptive, predatory, and anticompetiti
17、ve practices in air transportation and the sale of air transportation. (b) Nothing in this part operates to exempt any person from the operation of the antitrust laws set forth in sub-section (a) of the first section of the Clayton Act (15 U.S.C. 12). 255.2 Applicability. This part applies to firms
18、that oper-ate computerized reservations systems for travel agents in the United States, and to the sale in the United States of interstate, overseas, and foreign air transportation through such systems. 255.3 Definitions. Availability means information pro-vided in displays with respect to the seats
19、 a carrier holds out as available for sale on a particular flight. Carrier means any air carrier, any foreign air carrier, and any commuter air carrier, as defined in 49 U.S.C. 40102(3), 49 U.S.C. 40102(22), and 14 CFR 298.2(f), respectively, that is engaged directly in the operation of aircraft in
20、passenger air transportation. Display means the systems presen-tation of carrier schedules, fares, rules or availability to a subscriber by means of a computer terminal. Integrated display means any display that includes the schedules, fares, rules, or availability of all or a signifi-cant proportio
21、n of the systems partici-pating carriers. On-time performance code means a sin-gle-character code supplied by a carrier to the system in accordance with the provisions of 14 CFR Part 234 that re-flects the monthly on-time perform-ance history of a nonstop flight or one- stop or multi-stop single pla
22、ne oper-ation held out by the carrier in a CRS. Participating carrier means a carrier that has an agreement with a system for display of its schedules, fares, or seat availability, or for the making of reservations or issuance of tickets through a system. Subscriber means a ticket agent, as defined
23、in 49 U.S.C. 40102(40), that holds itself out as a source of information about, or reservations for, the air transportation industry and that uses a system. System means a computerized res-ervations system offered to subscribers for use in the United States that con-tains information about schedules
24、, fares, rules or availability of carriers and provides subscribers with the abil-ity to make reservations, if it charges any carrier a fee for system services. It does not mean direct connections be-tween a ticket agent and the internal reservations systems of individual car-riers. 255.4 Display of
25、 information. (a) All systems shall provide at least one integrated display that includes the schedules, fares, rules, and avail-ability of all participating carriers in accordance with the provisions of this section. This display shall be at least as useful for subscribers, in terms of functions or
26、 enhancements offered and the ease with which such functions or VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00213 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-,-,-
