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.
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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