Aeronautics and Space
The purpose of this part is to ensure that ticket agents doing business in the United States, air carriers, and foreign air carriers tell consumers clearly when the air transportation they are buying or considering buying involves a code-sharing arrangement or a long-term wet lease, and that they disclose to consumers the transporting carrier's identity.
This part applies to the following:
(a) Direct air carriers and foreign air carriers that participate in code-sharing arrangements or long-term wet leases involving scheduled passenger air 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.
As used in this part:
(a) Air transportation
(b) Carrier
(c) Code-sharing arrangement
(d) Designator code
(e) Long-term wet lease
(1) Lasts more than 60 days; or
(2) Is part of a series of such leases that amounts to a continuing arrangement lasting more than 60 days.
(f) Ticket agent
(g) Transporting carrier
The holding out or sale of scheduled passenger air transportation involving a code-sharing 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.
(a) Notice in schedules.
(b) Oral notice to prospective consumers.
(c) Written 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 corporate 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 segments on which the designator code is not that of the transporting carrier, the notice shall clearly identify the segment or segments and the transporting carrier by its corporate name and any other name in which that service is held out to the public. The following form of statement will satisfy the requirement of this paragraph (c)(1):
Important Notice:
(2) If no itinerary is issued, the selling carrier or ticket agent shall provide a separate written notice that clearly identifies the transporting carrier by its corporate name and any other name under which that service is held out to the public for any flight segment on which the designator code is not that of the transporting carrier. The following form of notice will satisfy the requirement of this paragraph (c)(2):
Important Notice:
(3) If transportation is purchased far 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 delivery of the ticket, or in the case of ticketless travel, the written notice required 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 purchaser's request, the notice required by this part may be delivered in person or by telecopier, electronic mail, or any other reliable method of transmitting written material.
(d) In any printed advertisement published in or mailed to or from the United States (including those published 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 shall prominently disclose that the advertised service may involve travel on another carrier and clearly indicate the nature of the service in reasonably sized type and shall identify all potential transporting carriers involved in the markets being advertised by corporate name and by any other name 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 advertisement shall include at least a generic disclosure statement, such as “Some services are provided by other airlines.”
(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, § 257.3, § 257.4, § 257.5(d), and § 257.6.
(2) § 257.5(b) to the extent that it requires 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 transporting carrier's identity (as shown by its two-letter designator 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 entirety.
(2) § 257.5(b) insofar as it requires sellers of air transportation to give consumers
(i) Oral notice before booking transportation involving a code-share arrangement of the transporting carrier's 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 arrangements.
"Good judgement seeks balance and progress. Lack of it eventually finds imbalance and frustration."