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Appendix to opinion of the Court
sure of the potential for significant increases in award levels or imposition of other restrictions which may result in the airlines' unilateral devaluation of awards. Therefore, the Guidelines treat vested members and the miles which members accrued before receiving adequate notice of prospective changes differently. 1.12 Vested mile means program mileage (or other credits) accumulated by a vested member before that person receives adequate notice of program changes, as set forth in Sections 3.2 and 3.9.
Comment: This definition identifies any mileage or credit
accrued by a vested member before he or she received adequate notice regarding the possibility of future detrimental changes in the program. See the comments to the definition of vested member.
Section 2—Fare Advertisements
2.0 General guideline
Any advertisement which provides air fares or other price
information must be in plain language, clear and conspicuous, and non-deceptive. Deception may result not only from a direct statement in the advertisement and from reasonable inferences therefrom, but also omitting or obscuring a material restriction.
Comment: This Guideline and the following Guidelines restate individual states' false advertising and deceptive practices statutes as they apply to air fare and price advertising.
2.1 Disclosure in print advertisements
Print advertisements for fares must make clear and conspicuous disclosure of restrictions such as:
x Limited-time availability. x Limitations on right to refund or exchange of ticket. x Time of day or day of week restrictions. x Length of stay requirements.
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