11. Will there be any participants in the charter flight other than (1) members of the chartering organization or (2) spouse, dependent children, and parents of a member of the chartering group, residing in the same household with the member? Yes No

12. Will there be any members of the chartering organization participating in the charter who will have been members of the organization for a period of less than six months prior to flight date? Yes No☐ If answer is "yes," give names of participants who will not have been members for six months and justify (see § 295.2(k)):

(Signature of person administering oath. Also,

set forth here below the name, address, and authority of such person.) [SEAL]

WARRANTY OF AIR CARRIER

To the best of my knowledge and belief all the information presented in this statement, including but not limited to, those parts verified by the charterer and the travel agent, is true and correct. I represent and warrant that the carrier has acted with regard to this charter operation (except to the extent fully and specifically explained in this statement or any attachment thereto) and will act with regard to such operation in a manner consistent with Part 295 of the Board's Economic Regulations.*

(Signature and title of authorized official of air carrier.)

TRANSATLANTIC CHARTER POST FLIGHT REPORT

INSTRUCTIONS

The charterer shall complete and file a report in this form with the air carrier within 15 days of each one-way or round-trip charter flight. A report in this form shall also be furnished each charter participant by the charterer within 15 days after completion of each one-way or round-trip charter flight.

1. Name of carrier:

2. Name of chartering organization:

4 Any air carrier, or any officer, agent, employee, or representative thereof, who shall, knowingly and willfully, fail or refuse to keep or preserve accounts, records and memoranda in the form and manner prescribed by the Board, or shall, knowingly and willfully, falsify, mutilate, or alter any such report, account, record or memorandum, shall be guilty of a misdemeanor and, upon conviction thereof, be subject for each offense to a fine of not less than $100 and not more than $5,000. Title 49, U.S.C., § 1472.

=

(No. of one-way psgrs.)

(Charge per psgr3 (including amounts later refunded))

(No. of round-trip psgrs.)

(Charge per psgr.3 (including amounts later refunded))

(c) Receipts from other sources (explain)

3 If charter cost was not divided equally among all participants actually transported, indicate clearly the individual amounts collected and the number of passengers paying each such amount.

5 As a separate item there should be listed here a total of all the amounts refunded to the charter participants; also list separately air transportation, land tour, and administrative expenses, and break down administrative expenses so as to show such items as postage and printing, and to show compensation for labor and personal expenses paid to any member of chartering organization.

Disclose any relationship to chartering organization.

If this item does not agree with item 3(d), submit an explanatory statement as to the reasons therefor. If the total expenditures (including among other items compensation to members of the chartering organization but exclusive of expenses for air transportation or land tours) exceed $750 per round trip, such expenditures shall be fully supported by vouchers submitted to and retained by the direct air carrier operating the charter. Such vouchers must cover all expenditures made on behalf of the chartering group including any expenditures for banquets, gifts, local transit, etc. 8 See footnote 1 on p. 296.

51-028-66-20

For the purposes of this part:

(a) "Indirect Air Carrier” means any citizen of the United States' which engages indirectly in interstate air transportation of property only, and which:

(1) Does not engage directly in the operation of aircraft in air transportation, and

(2) Does not engage in air transportation pursuant to any Board order which has been issued for the purpose of authorizing air express services under a contract with a direct air carrier.

(b) "Direct Air Carrier" means any air carrier directly engaged in the operation of aircraft, pursuant to a certificate of public convenience and necessity issued under section 401 of the Civil Aeronautics Act of 1938, as amended, or under the authority conferred by any applicable regulation or order of the Board.

(c) "Joint loading" means an agreement between two or more indirect air carriers of the same subclassification, which provides for the pooling of shipments and their delivery to a direct air carrier for transportation as one ship

1 As defined in section 1 (13) of the act. "Interstate air transportation" shall have the meaning ascribed to it in section 101(21) of the Federal Aviation Act and the word "State" used therein shall include Alaska and Hawaii.

There is hereby established a classification of air carriers, having the attributes of, and which are designated as, "indirect air carriers". Such classification shall include the following subclassifications:

(a) "Air Freight Forwarder" means any indirect air carrier which, in the ordinary and usual course of its undertaking, assembles and consolidates or provides for assembling and consolidating such property or performs or provides for the performance of break-bulk and distributing operations with respect to consolidated shipments, and is responsible for the transportation of property from the point of receipt to point of destination and utilizes for the whole or any part of such transportation the services of a direct air carrier.

(b) "Cooperative Shippers Association" means a bona fide association of shippers, operating as an indirect air carrier on a non-profit basis, which:

(1) Undertakes to ship property for the account of such association or its members, by air, in the name of either the association or the members, in order to secure the benefits of volume rates or improved services for the benefit of its members, and

(2) Utilizes for the whole or any part of such transportation the services of a direct air carrier.

§ 296.3 Freight forwarder acting as agent of shipper.

(a) Any air freight forwarder may, by complying with the requirements of this section, accept a particular shipment for forwarding on condition that it may exercise and expressly reserved option to deal therewith as the agent of the shipper thereof in the event that a volume of freight adequate to permit consolidated shipment cannot be assembled. An air freight forwarder shall not act as the agent of any direct air carrier with respect to shipments accepted for forwarding.

(b) Any air freight forwarder seeking to avail itself of this option must give notice that it reserves such right, in the

case of every shipment accepted subject thereto, to handle the shipment as agent of the shipper. Such notice shall be given to the shipping public and to any person from whom any shipment is so accepted, and such notice shall be furnished such person in writing at the time when the shipment is accepted. Such notice shall be given by means of: (1) Notices with the heading "Notice to Shippers” conspicuously displayed at all premises operated by or under the control of the forwarder in connection with its air transportation activities so as to be clearly visible to the shipping public, (2) a legible statement set forth on all letterhead stationery used by the forwarder in connection with its air transportation activities, and (3) reasonably prominent statements on all the air waybills of such forwarder and on such receipts or other documentation as may be furnished to the shippers at the time of acceptance of the shipment.

(c) Any air freight forwarder exercising its option to act as such agent shall transmit a copy of its charges for the accessorial and surface transportation services actually rendered to the shipper with respect to all shipments billed to the consignee.

(d) In the event that it acts as such agent, the air freight forwarder shall not charge any commission for its agency services and shall limit its charges for accessorial and surface transportation services actually rendered, directly or indirectly, to those separately stated in the forwarder's own tariffs filed pursuant to Part 221 of this chapter.

§ 296.4 Cooperative shippers association acting as agent of shipper.

Any cooperative shippers association may accept particular shipments for consolidation on condition that it may exercise an expressly reserved option to deal therewith as the agent of the shipper thereof in the event that a volume of freight adequate to permit consolidated shipment cannot be obtained. § 296.6 Separability.

If any provision of this part or the application thereof to any air transportation, person, class of persons, or circumstance is held invalid, the remainder of the part and the application of such provisions to other air transportation, persons, classes of persons, or circumstances shall not be affected thereby.