Except as provided in § 253.8, each air carrier shall include on or with a ticket, or other written instrument given to a passenger, that embodies the contract of carriage and incorporates terms by reference in that contract, a conspicuous notice that:
(a) Any terms incorporated by reference are part of the contract, passengers may inspect the full text of each term incorporated by reference at the carrier's airport or city ticket offices, and passengers have the right, upon request at any location where the carrier's tickets are sold within the United States, to receive free of charge by mail or other delivery service the full text of each such incorporated term;
(b) The incorporated terms may include and passengers may obtain from any location where the carrier's tickets are sold within the United States further information concerning:
(1) Limits on the air carrier's liability for personal injury or death of passengers, and for loss, damage, or delay of goods and baggage, including fragile or perishable goods;
(2) Claim restrictions, including time periods within which passengers must file a claim or bring an action against the carrier for its acts or omissions or those of its agents;
(3) Rights of the carrier to change terms of the contract. (Rights to change the price, however, are governed by § 253.7);
(4) Rules about reconfirmation of reservations, check-in times, and refusal to carry;
(5) Rights of the carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate air carrier or aircraft, and rerouting.
(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; ER-1370, 48 FR 54591, Dec. 6, 1983; ER-1375, 49 FR 5064, Feb. 10, 1984]
Notes of Decisions
Am. Airlines, Inc. v. Wolens, 513 U.S. 219 (1995).
· cites it 2× “" 14 CFR § 253.5 (b)(2) (1994). American does not suggest that its contracts lack legal force.”
Avi Ron v. Airtran Airways, Inc., 397 S.W.3d 785 (Tex. App. 2013).
· cites it 5× “14 C.F.R. § 253.5 (a). The confirmatory email provided to Ron informed him only that the contract “may be inspected at AirTran Airways customer service counter.”
Cape Air Int'l v. Lindsey, 53 V.I. 604 (2010).
· cites it 2× “The notice requirements are further delineated in 14 C.F.R. § 253.5 , which provides in part: Except as provided in § 253.”
Schoene v. Spirit Airlines, Inc. (D. Or. 2023).
· cites it 3× “” 14 C.F.R. § 253.5 (b)(2). Properly incorporated terms displace contrary state law, including statutes of limitation.”
Gee v. Am. Airlines, Inc., 110 F.3d 1400 (9th Cir. 1997).
“14 C.F.R. § 253.5 (b)(2)(1994). Again, this regula *1407 tion would be meaningless if such actions were preempted by the ADA.”
Covino v. Spirit Airlines, Inc. (D. Mass. 2019).
· cites it 2× “” 14 C.F.R. § 253.5 (b)(2). The adequacy of notice turns on whether the incorporation by reference of important legal rights was “reasonably communicate[d]” to the passenger.”
Avi Ron v. Airtran Airways, Inc. (Tex. App. 2013).
· cites it 2× “14 C.F.R. § 253.5 (West 2013). Ron does not assert that AirTran failed to comply with section 253.”
Lanselle v. Lufthansa German Airlines (N.Y. App. Term. 2019).
“The evidence established that plaintiff had to agree to the terms and conditions of her nonrefundable economy ticket prior to her online purchase, and she is charged with knowledge of those terms and conditions ( see 14 CFR 253.5; see also Feature Enterprises, Inc.”
Onwuakpa v. United Airlines, Inc. (N.Y. App. Term. 2020).
“While air carriers may promulgate contracts of carriage and incorporate their terms by reference into airline tickets ( see 14 CFR 253.5), "an air carrier may not claim the benefit as against the passenger of, and the passenger shall not be bound by, any contract term…”
Bombin v. Sw. Airlines Co. (E.D. Pa. 2023).
“4 and 14 C.F.R. § 253.5 , id.; (3) unlike the COC, which is a contract of adhesion that governs Southwest’s transportation of passengers, the Website T&Cs is a contract of adhesion that merely governs use of and access to Southwest’s websites and mobile applications, id.”
Am. Samoa Gov't ex rel. Uikirifi v. Hawaiian Airlines, Inc., 10 Am. Samoa 2d 31 (1989).
· cites it 2× “’" ER-1374, supra, at 6, citing 14 C.F.R. § 253.5 (b)(1). As is discussed in Part HI below, a "limit" on the amount of a carrier’s liability does not mean the same thing as the exclusion of all liability.”
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