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 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.
NOTICE
We make every
effort to keep Fly-Rights up to date, but
airlines frequently change the way they do
business. So by the time you read this a few of
the procedures we have covered may be different.
Tenth Revised Edition, September 1994
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