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.
Alternate transportation means air transportation with a confirmed reservation at no additional charge, operated by a carrier as defined below, or other transportation accepted and used by the passenger in the case of denied boarding.
Carrier means: (1) a direct air carrier, except a helicopter operator, holding a certificate issued by the Department of Transportation pursuant to 49 U.S.C. 41102 or that has been found fit to conduct commuter operations under 49 U.S.C. 41738, or an exemption from 49 U.S.C. 41102, authorizing the scheduled transportation of persons; or (2) a foreign air carrier holding a permit issued by the Department pursuant to 49 U.S.C. 41302, or an exemption from that provision, authorizing the scheduled foreign air transportation of persons.
Class of service means seating in the same cabin class such as First, Business, or Economy class, or in the same seating zone if the carrier has more than one seating product in the same cabin such as Economy and Premium Economy class.
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, including a passenger with a “zero fare ticket,” and which the carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided therefore by the carrier, as being reserved for the accommodation of the passenger.
Fare means the price paid for air transportation including all mandatory taxes and fees. It does not include ancillary fees for optional services.
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.
Zero fare ticket means a ticket acquired without a substantial monetary payment such as by using frequent flyer miles or vouchers, or a consolidator ticket obtained after a monetary payment that does not show a fare amount on the ticket. A zero fare ticket does not include free or reduced rate air transportation provided to airline employees and guests.
[ER-1306, 47 FR 52985, Nov. 24, 1982, as amended by ER-1337, 48 FR 29680, June 28, 1983; 68 FR 52836, Sept. 8, 2003; Doc. No. OST-01-9325, 73 FR 21033, Apr. 18, 2008; Doc. No. DOT-OST-2010-0140, 76 FR 23161, Apr. 25, 2011]
Notes of Decisions
Weiss v. El Al Israel Airlines, Ltd., 433 F. Supp. 2d 361 (S.D.N.Y. 2006).
· cites it 3× “They bring this action under regulations promulgated under the Federal Aviation Act, 14 C.F.R. § 250.1 et seq. (“Federal Regulations”), and under state tort and contract law.”
Delta Air Lines, Inc. v. Black, 116 S.W.3d 745 (Tex. 2003).
· cites it 2× “14 C.F.R. §§ 250.1 -.9. These regulations require every air carrier to “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”…”
Onoh v. Nw. Airlines, Inc., 613 F.3d 596 (5th Cir. 2010).
“7 (2010) (remedy for failure to provide adequate notice of price-related contractual terms); 14 C.F.R. § 250.1 -.9 (2010) (remedy for denied boarding due to overselling of flights); 14 C.”
D.M. Diamond Corp. v. Dunbar Armored, Inc., 124 S.W.3d 655 (Tex. App. 2004).
“Specifically, Black noted that under 14 C.F.R. §§ 250.1 -.9, DOT is permitted (1) to regulate “oversales” in ah’ carrier service, (2) to determine compensation due to passengers “involuntarily denied boarding caused by an oversold flight, id.”
William D. West v. Nw. Airlines, Inc., 995 F.2d 148 (9th Cir. 1993).
“9, the provision giving passengers the option of rejecting airline compensation and pursuing a remedy under state law, has not been altered.”
Ralph Nader v. Allegheny Airlines, Inc., 512 F.2d 527 (D.C. Cir. 1975).
“Embodied in 14 C.F.R. §§ 250.1 et seq., the regulations require carriers to file priority rules with the Board to determine who shall be denied boarding on an oversold flight 21 and to file denied boarding compensation tariffs.”
Goranson v. Trans World Airlines, 121 Misc. 2d 68 (1983).
· cites it 2× “The CAB?s current policy embodied in its oversales regulations (14 CFR 250.1 et seq.), however, is (1) to allow oversales, (2) to leave it to the carrier to ensure that bumping is minimized, 3 (3) to provide a regulated amount or minimum compensation to the aggrieved passenger,…”
Black v. Delta Airlines, Inc., 160 S.W.3d 68 (Tex. App. 2002).
· cites it 2× “"` 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…”
Mahaney v. Air France, 474 F. Supp. 532 (S.D.N.Y. 1979).
“See 14 C.F.R. § 250.1 , § 250.3 (1978). 8 . Defendant has also cited the case of Kaufman v.”
Roman v. Delta Air Lines, Inc., 441 F. Supp. 1160 (N.D. Ill. 1977).
“Civil Aeronautics Board Regulations, 14 C.F.R. §§ 250.1 , et seq., which have been in effect since 1967, 1 require carriers to file priority rules with the Civil Aeronautics Board and establish who shall be denied boarding on an oversold flight.”
Adelman v. UAL, Inc., 932 F. Supp. 331 (D.D.C. 1996).
“” 14 C.F.R. § 250.1 . In other words, Part 250 only applies to flight segments involving aircraft with a carrying capacity of greater than 60 people.”
Annotations are extracted automatically from the opinions in the
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