Contract terms
Throughout this booklet, we have tried to provide you general information
about airline travel. It is important to realize, however, that
each airline has specific rules that make up your contract of carriage.
These rules may differ among carriers. They include provisions such
as check-in deadlines, refund procedures, responsibility for delayed
flights, and many other things.
Domestic Travel
For domestic travel, an airline may provide all of its contract
terms on or with your ticket at the time you buy it. Many small
"commuter" carriers use this system. Other airlines may
elect to "incorporate terms by reference." This means
that you are not given all the airline's rules with your ticket-most
of them are contained in a separate document which you can inspect
on request. If an airline elects to "incorporate by reference"
it must provide conspicuous written notice with each ticket that:
1) it incorporates terms by reference, and 2) these terms may include
liability limitations, claim-filing deadlines, check-in deadlines,
and certain other key terms. The airline must also:
* Ensure that passengers can receive an explanation of key terms
identified on the ticket from any location where the carrier's
tickets are sold, including travel agencies;
* Make available for inspection the full text of its contract
of carriage at each of its own airport and city ticket offices;
* Mail a free copy of the full text of its contract of carriage
upon request.
There are additional notice requirements for contract terms that
affect your air fare. Airlines must provide a conspicuous written
notice on or with the ticket concerning any "incorporated"
contract terms that:
* Restrict refunds;
* Impose monetary penalties; or
* Permit the airline to raise the price after you've bought the
ticket.
If an airline incorporates contract terms by reference and fails
to provide the required notice about a particular rule, the passenger
will not be bound by that rule.
International Travel
Not all of the detailed requirements for disclosing domestic contract
terms apply to international travel. Airlines file "tariff
rules" with the government for this transportation. Passengers
are generally bound by these rules whether or not they receive actual
notice about them. Every international airline must keep a copy
of its tariff rules at its airport and city ticket offices. You
have a right to examine these rules. The airline agents must answer
your questions about information in the tariff, and they must help
you locate specific tariff rules, if necessary. If the airline keeps
its tariff in a computer rather than on paper, there are additional
disclosure requirements which are similar to those for domestic
contract terms. The most important point to remember, whether your
travel is domestic or international, is that you should not be afraid
to ask questions about a carrier's rules. You have a right to know
the terms of your contract of carriage. It is in your best interest,
as well as that of the airline, for you to ask in advance about
any matters of uncertainty. |
