1、205 Office of the Secretary, DOT 257.2 than all the connect points requested by participating carriers to the extent that: (i) Points requested by participating carriers do not meet the service cri-teria described in paragraph (c)(1) of this section; and (ii) The system has used all the points that
2、meet those criteria. (d) Each system shall apply the same standards of care and timeliness to loading information concerning every participating carrier. Each system shall display accurately information submitted by participating carriers. Each system shall provide to any per-son upon request all cu
3、rrent data base update procedures and data formats. (e) Systems shall use or display infor-mation concerning on-time perform-ance of flights as follows: (1) Within 10 days after receiving the information from participating car-riers or third parties, each system shall include in all integrated sched
4、ule and availability displays the on-time per-formance code for each nonstop flight segment and one-stop or multi-stop single plane flight, for which a partici-pating carrier provides a code. (2) A system shall not use on-time flight performance as a ranking factor in ordering information contained
5、in an integrated display. (f) Each participating carrier shall ensure that complete and accurate in-formation is provided each system in a form such that the system is able to display its flights in accordance with this section. (g) A system may make available to subscribers the internal reservation
6、s system display of a participating car-rier, provided that a subscriber and its employees may see any such display only by requesting it for a specific transaction. 255.5 Contracts with participating carriers. (a) No system may require a carrier to maintain any particular level of par-ticipation or
7、 buy any enhancements in its system on the basis of participation levels or enhancements selected by that carrier in any other foreign or do-mestic computerized reservations sys-tem, as a condition to participation in the system. (b) No system may require any car-rier as a condition to participation
8、 to provide it with fares that the carrier has chosen not to sell through that sys-tem. 255.6 Exceptions. The obligations of a system under 255.4 shall not apply with respect to a carrier that refuses to enter into and comply with a participating airline contract with that system. 255.7 Prohibition
9、against Carrier Bias. No carrier may induce or attempt to induce a system to create a display that would not comply with the re-quirements of 255.4. 255.8 Sunset Date. Unless extended by a document pub-lished in the FEDERAL REGISTER, these rules shall terminate on July 31, 2004. PART 256 RESERVED PA
10、RT 257DISCLOSURE OF CODE- SHARING ARRANGEMENTS AND LONG-TERM WET LEASES Sec. 257.1 Purpose. 257.2 Applicability. 257.3 Definitions. 257.4 Unfair and deceptive practice. 257.5 Notice requirement. 257.6 Effective and compliance dates. AUTHORITY: 49 U.S.C. 40113(a) and 41712. SOURCE: 64 FR 12851, Mar.
11、15, 1999, unless otherwise noted. 257.1 Purpose. The purpose of this part is to ensure that ticket agents doing business in the United States, air carriers, and for-eign air carriers tell consumers clearly when the air transportation they are buying or considering buying involves a code-sharing arra
12、ngement or a long- term wet lease, and that they disclose to consumers the transporting carriers identity. 257.2 Applicability. This part applies to the following: VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PR
13、OD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-206 14 CFR Ch. II (1111 Edition) 257.3 (a) Direct air carriers and foreign air carriers that participate in code-shar-ing arrangements or long-term wet leases involving scheduled passenger ai
14、r transportation; and (b) Ticket agents doing business in the United States that sell scheduled passenger air transportation services involving code-sharing arrangements or long-term wet leases. 257.3 Definitions. As used in this part: (a) Air transportation means foreign air transportation or inter
15、state air transportation as defined in 49 U.S.C. 40102 (a)(23) and (25) respectively. (b) Carrier means any air carrier or foreign air carrier as defined in 49 U.S.C. 40102(2) or 49 U.S.C. 40102(21), re-spectively, that is engaged directly in scheduled passenger air transportation, including by wet
16、lease. (c) Code-sharing arrangement means an arrangement whereby a carriers designator code is used to identify a flight operated by another carrier. (d) Designator code means the airline designations originally allotted and ad-ministered pursuant to Agreements CAB 24606 and 26056. (e) Long-term wet
17、 lease means a lease by which the lessor provides both an aircraft and crew dedicated to a par-ticular route(s), and which either: (1) Lasts more than 60 days; or (2) Is part of a series of such leases that amounts to a continuing arrange-ment lasting more than 60 days. (f) Ticket agent has the mean
18、ing as-cribed to it in 49 U.S.C. 40102(40). (g) Transporting carrier means the car-rier that is operating the aircraft in a code-sharing arrangement or long-term wet lease. 257.4 Unfair and deceptive practice. The holding out or sale of scheduled passenger air transportation involving a code-sharing
19、 arrangement or long- term wet lease is prohibited as unfair and deceptive in violation of 49 U.S.C. 41712 unless, in conjunction with such holding out or sale, carriers and ticket agents follow the requirements of this part. 257.5 Notice requirement. (a) Notice in schedules. In written or electroni
20、c schedule information pro-vided by carriers in the United States to the public, the Official Airline Guides and comparable publications, and, where applicable, computer res-ervations systems, carriers involved in code-sharing arrangements or long- term wet leases shall ensure that each flight in sc
21、heduled passenger air trans-portation on which the designator code is not that of the transporting carrier is identified by an asterisk or other easily identifiable mark and that the corporate name of the transporting carrier and any other name under which that service is held out to the public is a
22、lso disclosed. (b) Oral notice to prospective con-sumers. In any direct oral communica-tion in the United States with a pro-spective consumer and in any tele-phone calls placed from the United States concerning a flight that is part of a code-sharing arrangement or long- term wet lease, a ticket age
23、nt doing business in the United States or a car-rier shall tell the consumer, before booking transportation, that the trans-porting carrier is not the carrier whose designator code will appear on the ticket and shall identify the trans-porting carrier by its corporate name and any other name under w
24、hich that service is held out to the public. (c) Written notice. Except as specified in paragraph (c)(3) of this section, at the time of purchase, each selling car-rier or ticket agent shall provide each consumer of scheduled passenger air transportation sold in the United States that involves a cod
25、e-sharing ar-rangement or long-term wet lease with the following notice: (1) If an itinerary is issued, there shall appear in conjunction with the listing of any flight segment on which the designator code is not that of the transporting carrier a legend that states Operated by followed by the corpo
26、rate name of the transporting carrier and any other name in which that service is held out to the public. In the case of single-flight-number service involving a segment or seg-ments on which the designator code is not that of the transporting carrier, the notice shall clearly identify the VerDate M
27、ar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00216 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-,-,-207 Office of the Secretary, DOT Pt. 258 segment or segments and
28、 the trans-porting carrier by its corporate name and any other name in which that serv-ice is held out to the public. The fol-lowing form of statement will satisfy the requirement of this paragraph (c)(1): IMPORTANT NOTICE: Service between XYZ City and ABC City will be operated by Jane Doe Airlines
29、d/b/a QRS Express. (2) If no itinerary is issued, the sell-ing carrier or ticket agent shall pro-vide a separate written notice that clearly identifies the transporting car-rier by its corporate name and any other name under which that service is held out to the public for any flight segment on whic
30、h the designator code is not that of the transporting carrier. The following form of notice will sat-isfy the requirement of this paragraph (c)(2): IMPORTANT NOTICE: Service between XYZ City and ABC City will be operated by Jane Doe Airlines d/b/a QRS Express. (3) If transportation is purchased far
31、enough in advance of travel to allow for advance delivery of the ticket by mail or otherwise, the written notice required by this part shall be delivered in advance along with the ticket. If time does not allow for advance deliv-ery of the ticket, or in the case of ticketless travel, the written not
32、ice re-quired by this part shall be provided no later than the time that they check in at the airport for the first flight in their itinerary. (4) At the purchasers request, the notice required by this part may be de-livered in person or by telecopier, elec-tronic mail, or any other reliable method
33、of transmitting written mate-rial. (d) In any printed advertisement pub-lished in or mailed to or from the United States (including those pub-lished through the Internet) for service in a city-pair market that is provided under a code-sharing arrangement or long-term wet lease, the advertisement sha
34、ll prominently disclose that the ad-vertised service may involve travel on another carrier and clearly indicate the nature of the service in reasonably sized type and shall identify all poten-tial transporting carriers involved in the markets being advertised by cor-porate name and by any other name
35、 under which that service is held out to the public. In any radio or television advertisement broadcast in the United States for service in a city-pair market that is provided under a code-sharing or long-term wet lease, the advertise-ment shall include at least a generic disclosure statement, such
36、as Some services are provided by other airlines. 64 FR 12851, Mar. 15, 1999, as amended at 70 FR 44851, Aug. 4, 2005 257.6 Effective and compliance dates. (a) This Part is effective as of August 25, 1999. (b) Compliance with the following sections is mandatory as of August 25, 1999: (1) 257.1, 257.2
37、, 257.3, 257.4, 257.5(d), and 257.6. (2) 257.5(b) to the extent that it re-quires sellers of air transportation to give consumers oral notice before booking transportation involving a code-share arrangement (i) Of the fact that the selling carrier is not the transporting carrier and (ii) Of the tran
38、sporting carriers iden-tity (as shown by its two-letter desig-nator code in CRS displays). (c) Compliance with the following sections is mandatory as of March 15, 2000: (1) 257.5(a) and 257.5(c) in their en-tirety. (2) 257.5(b) insofar as it requires sell-ers of air transportation to give con-sumers
39、 (i) Oral notice before booking trans-portation involving a code-share ar-rangement of the transporting carriers corporate name and any other name under which the service is held out to the public and (ii) The same disclosures for long- term wet leases as for code-sharing ar-rangements. 64 FR 46821,
40、 Aug. 27, 1999 PART 258DISCLOSURE OF CHANGE-OF-GAUGE SERVICES Sec. 258.1 Purpose. 258.2 Applicability. 258.3 Definitions. 258.4 Unfair and deceptive practice. 258.5 Notice requirement. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00217 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-,-,-
