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The following information
has been provided to you in order to make some
sense of your airline ticket contract. Many of
us have never even looked at it, let alone know
what type of information it provides. It is
important to realize, however, that each airline
has specific rules that make up your contract of
carriage. These rules may differ among carriers.
They include provisions such as check-in
deadlines, refund procedures, responsibility for
delayed flights, and many other things.
The back of all standard airline tickets has at
least 11 paragraphs of fine print under the
heading "Conditions of Contract." In
Paragraph 3 you'll find a statement that various
"applicable tariffs" and the
"Carrier's Conditions of Carriage and
Related Regulations" are incorporated into
the contract. This means that each airline has
filed with the U.S. Department of Transportation
a series of statements about its obligations to
its passengers and its limitations of liability.
These tariffs and conditions are the terms of
your contract with the airline.
The Conditions of Carriage
cover everything from the number of bags you can
check to the type of compensation you receive if
your flight is delayed or canceled. Boarding
priority, check-in requirements and most of the
other fine-print terms that describe an
airline's rights and responsibilities to its
passengers are set forth in the Conditions of
Carriage.
Conditions of Carriage vary
from airline to airline. Although most airline
tickets look identical, the subtle differences
in the hidden terms can make a substantial
difference in your rights as a passenger. You
can obtain a summary of the hidden terms and
conditions of most major airlines' contracts by
requesting a copy of United States Air
Carriers, Conditions of Contract, Summary of
Incorporated Terms (Domestic Air Transportation)
from the Air Transport Association, 1709 New
York Avenue, NW, Washington, DC 20006; (800)
497-3326 (A fee is required for this and at the
time if this writing it was $55. Check with ATA
for current price.) In addition, your travel
agent might have a copy.
Domestic Travel
For domestic travel, an airline may provide all
of its contract terms on or with your ticket at
the time you buy it. Many small
"commuter" carriers use this system.
Other airlines may elect to "incorporate
terms by reference." This means that you
are not given all the airline's rules with your
ticket-most of them are contained in a separate
document which you can inspect on request. If an
airline elects to "incorporate by
reference" it must provide conspicuous
written notice with each ticket that: 1) it
incorporates terms by reference, and 2) these
terms may include liability limitations,
claim-filing deadlines, check-in deadlines, and
certain other key terms.
The airline must also:
- Ensure that passengers
can receive an explanation of key terms
identified on the ticket from any location
where the carrier's tickets are sold,
including travel agencies;
- Make available for
inspection the full text of its contract of
carriage at each of its own airport and city
ticket offices;
- Mail a free copy of the
full text of its contract of carriage upon
request.
There are additional notice
requirements for contract terms that affect your
air fare. Airlines must provide a conspicuous
written notice on or with the ticket concerning
any "incorporated" contract terms
that:
- Restrict refunds;
- Impose monetary
penalties; or
- Permit the airline to
raise the price after you've bought the
ticket.
If an airline incorporates
contract terms by reference and fails to provide
the required notice about a particular rule, the
passenger will not be bound by that rule.
International Travel
Not all of the detailed requirements for
disclosing domestic contract terms apply to
international travel. Airlines file "tariff
rules" with the government for this
transportation. Passengers are generally bound
by these rules whether or not they receive
actual notice about them. Every international
airline must keep a copy of its tariff rules at
its airport and city ticket offices. You have a
right to examine these rules. The airline agents
must answer your questions about information in
the tariff, and they must help you locate
specific tariff rules, if necessary. If the
airline keeps its tariff in a computer rather
than on paper, there are additional disclosure
requirements which are similar to those for
domestic contract terms. The most important
point to remember, whether your travel is
domestic or international, is that you should
not be afraid to ask questions about a carrier's
rules. You have a right to know the terms of
your contract of carriage. It is in your best
interest, as well as that of the airline, for
you to ask in advance about any matters of
uncertainty.
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