(a) A ticket or other written instrument that embodies the contract of carriage may incorporate contract terms by reference (i.e., without stating their full text), and if it does so shall contain or be accompanied by notice to the passenger as required by this part. In addition to other remedies at law, an air carrier may not claim the benefit as against the passenger of, and the passenger shall not be bound by, any contract term incorporated by reference if notice of the term has not been provided to that passenger in accordance with this part.
(b) Each air carrier shall make the full text of each term that it incorporates by reference in a contract of carriage available for public inspection at each of its airport and city ticket offices.
(c) Each air carrier shall provide free of charge by mail or other delivery service to passengers, upon their request, a copy of the full text of its terms incorporated by reference in the contract. Each carrier shall keep available at all times, free of charge, at all locations where its tickets are sold within the United States information sufficient to enable passengers to order the full text of such terms.
(The notice requirements contained in paragraphs (b) and (c) were approved by the Office of Management and Budget under control number 3024-0061)
[ER-1302, 47 FR 52134, Nov. 19, 1982, as amended by ER-1309, 47 FR 54764, Dec. 6, 1982]
Notes of Decisions
Avi Ron v. Airtran Airways, Inc., 397 S.W.3d 785 (Tex. App. 2013).
· cites it 13× “” 14 C.F.R. § 253.4 (b). If the carrier fails to do so, then the “carrier may not claim the benefit as against the passenger of, and the passenger shall not be bound by, any contract term incorporated by reference .”
Harrington v. Am. Airlines, 476 F.3d 29 (1st Cir. 2007).
· cites it 3× “DISCUSSION We begin our analysis with the plaintiffs’ lone federal-law claim 3 : their claim of an implied right of action under 14 C.F.R. § 253.4 and § 253.7. These provisions govern the disclosure of terms in contracts for air travel.”
Price v. Delta Airlines, Inc., 5 F. Supp. 2d 226 (D. Vt. 1998).
· cites it 5× “Specifically, 14 C.F.R. § 253.4 permits incorporation by reference in a contract of carriage, but will not enforce such contract terms against a passenger unless notice of their existence has been provided in accordance with the regulations.”
In Re JetBlue Airways Corp. Privacy Litig., 379 F. Supp. 2d 299 (E.D.N.Y 2005).
“14 C.F.R. § 253.4 . Given that preemption doctrine stands to guard against state regulation in an area reserved for federal law, it is unclear to the Court how reference to federal regulations implicates questions of preemption.”
Ruta v. Delta Airlines, Inc., 322 F. Supp. 2d 391 (S.D.N.Y. 2004).
“The tariff provisions applicable to Plaintiffs claims— which, together with the passenger ticket, “exclusively and conclusively govern the rights and liabilities” between a passenger and her airline, see 14 C.F.R. § 253.4 ; see also Fondo v. Delta Airlines, Inc.”
Stone v. Cont'l Airlines, 10 Misc. 3d 811 (N.Y. City Civ. Ct. 2005).
“All tickets for domestic flights embrace these same rights, for every airline’s contract of carriage must be consistent with federal rules (14 CFR 253.4). As described in a comprehensive law review article with an analysis of the economics of overbooking by Elliott Blanchard,…”
Cape Air Int'l v. Lindsey, 53 V.I. 604 (2010).
“14 C.F.R. § 253.4 (emphasis added). The notice requirements are further delineated in 14 C.”
Bombin v. Sw. Airlines Co. (E.D. Pa. 2023).
· cites it 4× “at 18; (2) Plaintiffs did not have sufficient notice of the class waiver provision in the T&Cs pursuant to 14 C.F.R. § 253.4 and 14 C.F.R. § 253.5 , id.”
Covino v. Spirit Airlines, Inc. (D. Mass. 2019).
· cites it 3× “14 C.F.R. §§ 253.4 (a), 253.5(a). Terms that may be incorporated by reference include limitations on liability such as “time periods within which passengers must file a claim or bring an action against the carrier to its acts or omissions.”
— 14 C.F.R. § 253.4(a) — 2 cases
Avi Ron v. Airtran Airways, Inc., 397 S.W.3d 785 (Tex. App. 2013).
“” 14 C.F.R. § 253.4 (b). If the carrier fails to do so, then the “carrier may not claim the benefit as against the passenger of, and the passenger shall not be bound by, any contract term incorporated by reference .”
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