Morales v. Trans World Airlines, Inc., 504 U.S. 374, 28 (1992)

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Cite as: 504 U. S. 374 (1992)

Appendix to opinion of the Court

a box was required. As the Guideline states, this is just one option.

The comments made to the December Guidelines evidenced another misconception about the wording of the disclosures on fare restrictions. This Guideline provides suggested wording, again to assist the airlines in determining how to meet the disclosures, but the language is by no means sacrosanct. The best creative minds in the advertising business are available to the airlines through their advertising agencies. The airlines are free to avail themselves of these talents, who are certainly adept at phrasing a message the advertiser wants to get across to the consumer. The essence of the Guidelines is that consumers must be advised of the limits which the airlines has [sic] chosen to impose on consumers' ability to buy tickets at the advertised price.

2.2 Disclosure in broadcast commercials

Broadcast commercials for fares must make clear and conspicuous disclosure of:

x Limited-time availability. x Limitations on right to refund or exchange of ticket. x The statement, if any, required by Guideline 2.4.

In addition, if the following seven disclosures are not made in a clear and conspicuous manner in the commercial, any that are applicable must be disclosed orally to the passenger before reservations are actually made:

x Time of day or day of week restrictions. x Length of stay requirements. x Advance purchase requirements. x Round trip purchase requirements. x Variations in fares to or from two or more airports serving the same metropolitan area. x Limitations on, or extra charges for, breaks or changes in itinerary, such as failure to travel on every leg as scheduled.

401

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