As used in this part:
Air transportation means foreign air transportation or interstate air transportation as defined in 49 U.S.C. 40102 (a)(23) and (25) respectively.
Carrier means any air carrier or foreign air carrier as defined in 49 U.S.C. 40102(2) or 49 U.S.C. 40102(21), respectively, that is engaged directly in scheduled passenger air transportation, including by wet lease.
Code-sharing arrangement means an arrangement whereby a carrier's designator code is used to identify a flight operated by another carrier.
Designator code means the airline designations originally allotted, administered, and prescribed by the Department of Transportation (DOT), by operation of law, pursuant to 49 U.S.C. Subtitle VII or its predecessor's statutory provisions still in effect by law.
Long-term wet lease means a lease by which the lessor provides both an aircraft and crew dedicated to a particular route(s), and which either:
(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.
Operating carrier means the carrier that is operating the aircraft in a code-sharing arrangement or long-term wet lease.
Ticket agent has the meaning ascribed to it in 49 U.S.C. 40102(45).
[64 FR 12851, Mar. 15, 1999, as amended by Docket No. DOT-OST-2014-0056, 81 FR 76828, Nov. 3, 2016, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15932, Apr. 16, 2019]
Notes of Decisions
Best v. BWIA West Indies Airways Ltd., 581 F. Supp. 2d 359 (E.D.N.Y 2008).
“”) (quoting 14 C.F.R. § 257.3 (c)). Pursuant to Article 39, in a code sharing relationship, the airline from which a passenger purchased her ticket (the contracting carrier) is liable for injuries suffered on the flight even though another airline was the “actual carrier.”
James Varsamis v. Iberia, Lineas Aereas de Espan, 811 F.3d 963 (7th Cir. 2016).
“” 14 C.F.R. § 257.3 (c). A block of seats (including the Varsamises’) was thereby reserved for American customers, the price of those seats was set by American, and the profit or loss was incurred by American.”
Shirobokova v. CSA Czech Airlines, Inc., 376 F. Supp. 2d 439 (S.D.N.Y. 2005).
“” 14 C.F.R. § 257.3 (c). The mere fact that Delta participated in code sharing with CSA does not reasonably lead to the inference that Delta was the carrier of the flight at issue, especially given the specific allegation in the complaint that Shirobokova was injured on a “CSA…”
Ramirez v. United Airlines, Inc., 416 F. Supp. 2d 792 (N.D. Cal. 2005).
“(quoting 14 C.F.R. 257.3(c)). Applying this interpretation of the Warsaw Convention, United was not the carrier and therefore cannot be liable to plaintiff thereunder.”
— 14 C.F.R. § 257.3(c) — 1 case
Ramirez v. United Airlines, Inc., 416 F. Supp. 2d 792 (N.D. Cal. 2005).
“(quoting 14 C.F.R. 257.3(c)). Applying this interpretation of the Warsaw Convention, United was not the carrier and therefore cannot be liable to plaintiff thereunder.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.