A second issue of concern stems from airline tariffs related to code-share service. As a
condition for approval of international code-share services, the Department has as a
matter of policy required that "the carrier selling such transportation (i.e., the carrier
shown on the ticket) accept responsibility for the entirety of the code-share journey for all
obligations established in the contract of carriage with the passenger; and that the
passenger liability of the operating carrier be unaffected.” (Order 2008-5-19, OST-2008-
0064).4
Notwithstanding this clear language, several carriers have filed tariff provisions
that purport to apply the terms and conditions of the operating carrier’s contract of
carriage generally, or in certain areas such as check-in time limits, unaccompanied
minors, carriage of animals, refusal to transport, oxygen service, irregular operations,
denied boarding compensation, and baggage acceptance, allowance and liability. Others
state that passengers on code-share flights “may be subject” to the operating carrier’s
baggage charges. A number of carriers have no clear tariff rule on the subject. The
intent of this DOT code-share approval provision may not be circumvented by tariff
provisions attempting to allocate responsibility and contract of carriage provisions in
different ways by the carriers involved, or by silence on the subject. As with the
exclusionary provisions cited above, carriers should review their tariffs and practices and
make revisions, if necessary, to reflect the conditions imposed in the Department’s orders
approving code-share service.