(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) Boarding priority factors may include, but are not limited to, the following:
(1) A passenger's time of check-in;
(2) Whether a passenger has a seat assignment before reaching the departure gate for carriers that assign seats;
(3) The fare paid by a passenger;
(4) A passenger's frequent-flyer status; and
(5) A passenger's disability or status as an unaccompanied minor.
[ER-1306, 47 FR 52985, Nov. 24, 1982, as amended by ER-1337, 48 FR 29680, June 28, 1983; Doc. No. OST-01-9325, 73 FR 21034, Apr. 18, 2008]
Notes of Decisions
Nader v. Allegheny Airlines, Inc., 426 U.S. 290 (1976).
· cites it 2× “§ 1374 (b), [6] arising from respondent's alleged failure to afford petitioner the boarding priority specified in its rules filed with the Board under 14 CFR § 250.3 (1975). The District Court entered a judgment for petitioner on both claims, awarding him a total of $10 in…”
Ralph Nader v. Allegheny Airlines, Inc., 512 F.2d 527 (D.C. Cir. 1975).
· cites it 2× “3 of the Board’s economic regulations, 14 C.F.R. § 250.3 , to establish and enforce nondiscriminatory priority rules for making this decision.”
Ralph Nader, Connecticut Citizen Action Grp. v. Allegheny Airlines, Inc., 626 F.2d 1031 (D.C. Cir. 1980).
“On July 7, 1972 Nader filed suit in the District Court, asserting Allegheny’s liability on two theories: (1) a common law action based on fraudulent misrepresentation in that Allegheny failed to inform Nader of its “booking practices” and (2) a statutory action under section…”
Karp v. North Cent. Airlines, Inc., 437 F. Supp. 87 (E.D. Wis. 1977).
· cites it 2× “14 C.F.R. § 250.3 provides: Every carrier shall establish priority rules and criteria for determining which passengers holding confirmed reserved space shall be denied boarding on an oversold flight.”
Stone v. Cont'l Airlines, 10 Misc. 3d 811 (N.Y. City Civ. Ct. 2005).
“” It would appear that Continental does not distinguish flyers on a return or one-way ticket from passengers on the first portion *817 of a round trip — a distinction which an airline could add to its priority “bumping” rules, which each airline establishes independently under…”
Nader v. Air Transp. Ass'n of Am., 426 F. Supp. 1035 (D.D.C. 1977).
“The CAB currently has'in force regulations regarding overbooking practices, 14 C.F.R. §§ 250.3 et seq., and the Board is presently re-examining its whole approach to this issue.”
Mendelson v. Trans World Airlines, Inc., 120 Misc. 2d 423 (N.Y. Sup. Ct. 1983).
“) Pursuant to 14 CFR 250.3, all airlines are required to file with the CAB priority rules for determining which passengers shall be denied boarding on an oversold flight.”
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