Oversales

§ 249.30

14 CFR Ch. II (1–1–99 Edition)

(b) All receipts and statements of
travel agents and all other documents
which show or reflect commissions received, 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 furnishing of goods or services in connection 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 reconciliations for escrow bank accounts opened
and maintained in accordance with
DOT regulations.
[ER–1214, 46 FR 25415, May 6, 1981, as amended at 60 FR 66726, Dec. 26, 1995]

Subpart C—Regulations Relating
to the Truth-in-Lending Act
§ 249.30 Applicability.
This subpart is applicable to all air
carriers and foreign air carriers as defined in 49 U.S.C. 40102, including, without limitation, direct carriers, air taxi
operators registered under part 298 of
this chapter, indirect air carriers registered 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 transportation issued under 49 U.S.C. 41302.
[ER–1214, 46 FR 25415, May 6, 1981, as amended 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 Board 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 advertising requirements under § 226.10 of
regulation 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 representatives of the DOT.
[ER–1214, 46 FR 25415, May 6, 1981, as amended at 60 FR 66726, Dec. 26, 1995]

PART 250—OVERSALES
Sec.
250.1 Definitions.
250.2 Applicability.
250.2a Policy regarding denied boarding.
250.2b Carriers to request volunteers for denied boarding.
250.3 Boarding priority rules.
250.4 Denied boarding compensation tariffs
for foreign air transportation.
250.5 Amount of denied boarding compensation for passengers denied boarding involuntarily.
250.6 Exceptions to eligibility for denied
boarding compensation.
250.7 [Reserved]
250.8 Denied boarding compensation.
250.9 Written explanation of denied boarding compensation and boarding priorities.
250.10 Report of passengers denied confirmed space.
250.11 Public disclosure of deliberate overbooking and boarding procedures.
AUTHORITY: 49 U.S.C. chapters 401, 411, 413,
417.
SOURCE: ER–1306, 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 other airport serving the same
metropolitan area, provided that transportation to the other airport is accepted (i.e., used) by the passenger.
Carrier means (a) a direct air carrier,
except a helicopter operator, holding a
certificate issued by the Board pursuant to sections 401(d)(1), 401(d)(2),
401(d)(5), or 401(d)(8) of the Act, or an
exemption from section 401(a) of the
Act, authorizing the transportation of
persons, or (b) a foreign route air carrier holding a permit issued by the
Board pursuant to section 402 of the
Act, or an exemption from section 402
of the Act, authorizing the scheduled
foreign air transportation or persons.
Comparable air transportation means
transportation provided to passengers
at no extra cost by a carrier as defined
above.

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Office of the Secretary, DOT

§ 250.4

Confirmed reserved space, means space
on a specific date and on a specific
flight and class of service of a carrier
which has been requested by a passenger and which the carrier or its
agent has verified, by appropriate notation on the ticket or in any other manner provided therefor by the carrier, as
being reserved for the accommodation
of the passenger.
Large aircraft means any aircraft that
has a passenger capacity of more than
60 seats.
Stopover means a deliberate interruption 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 applicable one-way fares, including any
surcharges and air transportation
taxes, less any applicable discounts.
[ER–1306, 47 FR 52985, Nov. 24, 1982, as amended by ER–1337, 48 FR 29680, June 28, 1983]

§ 250.2 Applicability.
This part applies to every carrier, as
defined in § 250.1, with respect to flight
segments with large aircraft in (1)
interstate or overseas air transportation and (2) foreign air transportation originating at a point within the
United States.
§ 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 involuntarily.
§ 250.2b Carriers to request volunteers
for denied 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 carrier’s request for volunteers and who
willingly accepts the carriers’ offer of
compensation, in any amount, in exchange for relinquishing the confirmed
reserved space. Any other passenger denied boarding is considered for purposes of this part to have been denied
boarding involuntarily, even if that

passenger accepts the denied boarding
compensation.
(b) If an insufficient number of volunteers come forward, the carrier may
deny boarding to other passengers in
accordance with its boarding priority
rules. However, the carrier may not
deny boarding to any passenger involuntarily who was earlier asked to volunteer without having been informed
about the danger of being denied boarding involuntarily and the amount of
Board-mandated compensation.
[ER–1337, 48 FR 29680, June 28, 1983]

§ 250.3

Boarding priority rules.

(a) Every carrier shall establish priority rules and criteria for determining
which passengers holding confirmed reserved 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 obligations of the carrier 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 understandable and meaningful to the average passenger. Such rules and criteria
shall not make, give, or cause any
undue or unreasonable preference or
advantage to any particular person or
subject any particular person to any
unjust or unreasonable prejudice or
disadvantage in any respect whatsoever.
(b) [Reserved]
[ER–1306, 47 FR 52985, Nov. 24, 1982, as amended by ER–1337, 48 FR 29680, June 28, 1983]

§ 250.4 Denied boarding compensation
tariffs for foreign air transportation.
(a) Every carrier operating flights in
foreign air transportation departing
from the United States shall file tariffs
governing such transportation that
provide compensation for passengers
holding confirmed reserved space who
are denied boarding involuntarily from
an oversold flight that departs without
those passengers. The tariffs shall incorporate the amount of compensation
described in § 250.5 and the exceptions
to eligibility for compensation described in § 250.6. Carriers subject to
this section that offer free or reduced

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§ 250.5

14 CFR Ch. II (1–1–99 Edition)

rate air transportation in lieu of the
cash payment as provided in § 250.5(b)
shall file a tariff stating that acceptance by the passenger of the alternative compensation is voluntary and
that the value of the transportation
benefit offered is equal to or greater
than the cash payment otherwise required.
(b) The tariffs shall specify that the
carrier will tender the appropriate
compensation on the day and the place
the involuntary denied boarding occurs.
(c) A carrier that does not provide
the protections of this part on its inbound foreign flights may not file tariffs with the Board concerning its
oversales practices for those flights.
[ER–1337, 48 FR 29680, June 28, 1983]

§ 250.5 Amount of denied boarding
compensation for passengers denied boarding involuntarily.
(a) Subject to the exceptions provided in § 250.6, a carrier as defined in
§ 250.1, shall pay compensation to passengers denied boarding involuntarily
from an oversold flight at the rate of
200 percent of the sum of the values of
the passenger’s remaining flight coupons up to the passenger’s next stopover, or if none, to the passenger’s final
destination, with a maximum of $400.
However, the compensation shall be
one-half the amount described above,
with a $200 maximum, if the carrier arranges
for
comparable
air
transporation, or other transportation
used by the passenger that, at the time
either such arrangement is made, is
planned to arrive at the airport of the
passenger’s next stopover or if none, at
the airport of the passenger’s destination, not later than 2 hours after the
time the direct or connecting flight on
which confirmed space is held is
planned to arrive in the case of interstate and overseas air transportation,
or 4 hours after such time in the case
of foreign 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 transportation benefit offered is equal to or
greater than the cash payment otherwise required, and (2) the carrier informs the passenger of the amount of

cash compensation that would otherwise be due and that the passenger may
decline the transportation benefit and
receive the cash payment.
[ER–1337, 48 FR 29680, June 28, 1983]

§ 250.6 Exceptions to eligibility for denied boarding compensation.
A passenger denied boarding involuntarily from an oversold flight shall not
be eligible for denied boarding compensation if:
(a) The passenger does not comply
fully with the carrier’s contract of carriage or tariff provisions regarding
ticketing, reconfirmation, check-in,
and acceptability for transportation;
(b) The flight for which the passenger
holds confirmed reserved space is unable to accommodate that passenger
because of substitution of equipment of
lesser capacity when required by operational or safety reasons;
(c) The passenger is offered accommodations or is seated in a section of
the aircraft other than that specified
on the ticket at no extra charge, except that a passenger seated in a section for which a lower fare is charged
shall be entitled to an appropriate refund; or
(d) The carrier arranges comparable
air transportation, or other transportation 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
passenger’s next stopover or, if none,
at the airport of the final destination
not later than 1 hour after the planned
arrival time of the passenger’s original
flight or flights.
[ER–1337, 48 FR 29680, June 28, 1983]

§ 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 boarding occurs, except as provided in paragraph (b), cash or an immediately negotiable check for the appropriate amount of compensation provided in § 250.5.
(b) Where a carrier arranges, for the
passenger’s
convenience,
alternate
means of transportation that departs

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Office of the Secretary, DOT

§ 250.9

before the payment can be prepared
and given to the passenger, tender
shall be made by mail or other means
within 24 hours after the time the denied boarding occurs.
[ER–1394, 49 FR 43625, Oct. 31, 1984]

§ 250.9 Written explanation of denied
boarding compensation and boarding priorities.
(a) Every carrier shall furnish passengers who are denied boarding involuntarily from flights on which they
hold confirmed reserved space immediately after the denied boarding occurs, a written statement explaining
the terms, conditions, and limitations
of denied boarding compensation, and
describing the carriers’ boarding priority rules and criteria. The carrier
shall also furnish the statement to any
person upon request at all airport ticket selling positions which are in the
charge of a person employed exclusively by the carrier, or by it jointly
with another person or persons, and at
all boarding locations being used by
the carrier.
(b) The statement shall read as follows:
COMPENSATION FOR DENIED BOARDING
If you have been denied a reserved seat on
(name of air carrier), you are probably entitled to monetary compensation. This notice
explains the airline’s obligation and the passenger’s rights in the case of an oversold
flight, in accordance with regulations of the
U.S. Civil Aeronautics Board.
VOLUNTEERS AND BOARDING PRIORITIES
If a flight is oversold (more passengers
hold confirmed reservations than there are
seats available), no one may be denied boarding against his or her will until airline personnel first ask for volunteers who will give
up their reservation willingly, in exchange
for a payment of the airline’s choosing. If
there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the following
boarding priority of (name of air carrier): (In
this space carrier inserts its boarding priority rules or a summary thereof, in a manner to be understandable to the average passenger.)
COMPENSATION OF INVOLUNTARY DENIED
BOARDING
If you are denied boarding involuntarily,
you are entitled to a payment of ‘‘denied

boarding compensation’’ from the airline unless:
(1) You have not fully complied with the
airline’s ticketing, check-in, and reconfirmation requirements, or you are not acceptable
for transportation under the airline’s usual
rules and practices, or (2) you are denied
boarding because the flight is canceled; or (3)
you are denied boarding because a smaller
capacity aircraft was substituted for safety
or operational reasons; or (4) you are offered
accommodations in a section of the aircraft
other than specified in your ticket, at no
extra charge, (a passenger seated in a section
for which a lower fare is charged must be
given an appropriate refund); or (5) the airline is able to place you on another flight or
flights that are planned to reach your final
destination within one hour of the scheduled
arrival of your original flight.
AMOUNT OF DENIED BOARDING COMPENSATION
Passengers who are eligible for denied
boarding compensation must be offered a
payment equal to the sum of the face values
of their ticket coupons, with a $200 maximum. However, if the airline cannot arrange
‘‘alternate transportation’’ (see below) for
the passenger, the compensation is doubled
($400 maximum). The ‘‘value’’ of a ticket
coupon is the one-way fare for the flight
shown on the coupon including any surcharge and air transportation tax, minus any
applicable discount. All flight coupons, including connecting flights, to the passenger’s
final destination or first 4-hour stopover are
used to compute the compensation.
‘‘Alternate transportation’’ is air transportation (by an airline licensed by the CAB) or
other transportation used by the passenger
which, at the time the arrangement is made,
is planned to arrive at the passenger’s next
scheduled stopover (of 4 hours or longer) or
final destination no later than 2 hours (for
flights within U.S. points, including territories and possessions) or 4 hours (for international flights) after the passenger’s originally scheduled arrival time.
METHOD OF PAYMENT
The airline must give each passenger who
qualifies for denied boarding compensation a
payment by cash or check for the amount
specified above, on the day and place the involuntary denied boarding occurs. However,
if the airline arranges alternate transportation for the passenger’s convenience that
departs before the payment can be made, the
payment will be sent to the passenger within
24 hours. The air carrier may offer free tickets in place of the cash payment. The passenger may, however, insist on the cash payment, or refuse all compensation and bring
private legal action.

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§ 250.10

14 CFR Ch. II (1–1–99 Edition)
PASSENGER’S OPTIONS

NOTICE—OVERBOOKING OF FLIGHTS

Acceptance of the compensation may relieve (name of air carrier) from any further
liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment
and seek to recover damages in a court of
law or in some other manner.

Airline flights may be overbooked, and
there is a slight chance that a seat will not
be available on a flight for which a person
has a confirmed reservation. If the flight is
overbooked, no one will be denied a seat
until airline personnel first ask for volunteers willing to give up their reservation in
exchange for a payment of the airline’s
choosing. If there are not enough volunteers
the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions persons denied boarding involuntarily are entitled to
compensation. The complete rules for the
payment of compensation and each airline’s
boarding priorities are available at all airport ticket counters and boarding locations.
Some airlines do not apply these consumer
protections to travel from some foreign
countries, although other consumer protections may be available. Check with your airline or your travel agent.

(Approved by the Office of Management and
Budget under control number 3024–0003)
[ER–1306, 47 FR 52985, Nov. 24, 1982, as amended by ER–1337, 48 FR 29681, June 28, 1983; ER–
1392, 49 FR 40401, Oct. 16, 1984; ER–1394, 49 FR
43625, Oct. 31, 1984]

§ 250.10 Report of passengers denied
confirmed space.
Every carrier shall file, on a quarterly basis, the information specified
in BTS Form 251. The reporting basis
shall be flights originating or terminating at, or servicing, a point within
the United States. The reports are to
be submitted within 30 days after the
quarter covered by the report. The calendar quarters end March 31, June 30,
September 30 and December 31. ‘‘Total
Boardings’’ on line 7 of Form 251 shall
include only passengers on flights for
which confirmed reservations are offered. No reports need be filed for inbound international flights on which
the protections of this part do not
apply.
(Approved by the Office of Management and
Budget under control number 2138–0018)
[Doc. No. 43872, 51 FR 30475, Aug. 27, 1986, as
amended at 60 FR 66726, Dec. 26, 1995]

§ 250.11 Public disclosure of deliberate
overbooking and boarding procedures.
(a) Every carrier shall cause to be
displayed continuously in a conspicuous public place at each desk, station, and position in the United States
which is in the charge of a person employed exclusively by it, or by it jointly with another person, or by any agent
employed by such air carrier or foreign
air carrier to sell tickets to passengers,
a sign located so as to be clearly visible
and clearly readable to the traveling
public, which shall have printed thereon the following statement in boldface
type at least one-fourth of an inch
high:

(b) Every carrier shall include with
each ticket sold in the United States
the notices set forth in paragraph (a) of
this section, printed in at least 12-point
type. The notice may be printed on a
separate piece of paper, on the ticket
stock, or on the ticket envelope. The
last two sentences of the notice shall
be printed in a type face contrasting
with that of the rest of the notice.
(c) It shall be the responsibility of
each carrier to ensure that travel
agents authorized to sell air transportation for that carrier comply with the
notice provisions of paragraphs (a) and
(b) of this section.
(d) [Reserved]
(e) Any air carrier or foreign air carrier engaged in foreign air transportation that complies fully with this
part for inbound traffic to the United
States need not use the last two sentences of the notices required by paragraph (a) of this subsection.
(Approved by the Office of Management and
Budget under control number 3024–0018)
[ER–1306, 47 FR 52985, Nov. 24, 1982, as amended by ER–1392, 49 FR 40401, Oct. 16, 1984]

PART 252—SMOKING ABOARD
AIRCRAFT
Sec.
252.1
252.3
252.5
252.7
252.9
252.11

282

Purpose.
Applicability.
Smoking ban on U.S. segments.
No-smoking sections.
Ventilation systems.
Aircraft on the ground.