The rule when flying charter: Better look before you book

Just about now, college students across the country are hatching plans for spring break. Many such trips involve charters -- privately contracted flights that whisk groups to faraway resorts, often at a discount.

Such flights are popular year round with gamblers headed for Las Vegas, golfers on junkets, university sports teams on tour and other groups. But spring is a peak season when thousands of students pack the planes.

Charters do have advantages. Fares usually are cheaper than on regularly scheduled airlines. Charters typically offer nonstop service, saving you time as well as money. Instead of flying with strangers, you may get to hobnob with people you know or with people who have similar interests. Especially at spring break, that can translate into party time in the air.

Most charters seem to operate with few problems. Only two consumer complaints about them were filed with the U.S. Department of Transportation in December 2002, the most recent statistics. In all of 2002, they drew 66 complaints, compared with 7,698 for the scheduled airlines. (Of course, scheduled airlines carry many more passengers.)

When charters do cause problems, however, they can be doozies.

“We’ve had [cases of] a planeload of kids sitting in a lobby at a hotel, 50 miles from the airport, and their plane takes off in 10 minutes,” says Charles McGuire, chief of the DOT’s Special Authorities Division, which oversees charters. In that case, the charter operator failed to provide transport from the hotel to the airport, he says.

By understanding the rules and taking a few basic steps, you can reduce your chances of being left in the lurch.

“People will spend weeks researching a washer that costs $400, but they’ll plunk down $1,900 for a charter package without making the simplest of inquiries,” says Josh Romanov, a Washington, D.C., aviation attorney and partner in the international law firm Pillsbury Winthrop.

Charters generally involve two parties: the charter airline (also called the direct air carrier) and the public charter operator. The airline provides the plane and the crew that flies it. The operator contracts with the airline for its service and arranges and markets the trip, which may involve the flight only or a package with hotel, guided tours and other options.

The airline and the operator are regulated by the Department of Transportation. As a customer, you deal with the operator. The DOT posts a useful primer on public charters on the Internet at airconsumer.ost.dot.gov/publications/charters.htm.

Some things to look for:

* Get the PC, or public charter, number: The first step in checking out a charter operator is making sure it has a PC (public charter) number. That means it has filed a prospectus with the DOT and agreed to meet certain conditions. These include having an adequate bond and maintaining consumers’ money in an escrow account.

It is illegal for a company to advertise or sell a charter flight without filing such a prospectus, McGuire says.

If the charter you’re booking balks at giving you its PC number, “that raises warning signals at the get-go,” says attorney Romanov. Make sure the number is current; operators must file a prospectus each year. Ask how long the company has been in business.

A list of charter operators that have filed prospectuses can be found on the Internet site ostpxweb.dot.gov/aviation/charters/charters.htm. This site is not updated often; if a company filed a prospectus in the last few months, it may not be listed. For the latest information, you can call the DOT Special Authorities Division at (202) 366-1037.

* Read the contract: You should get an “operator/participant contract” from the charter operator. Although contracts vary by the trip, the DOT requires that they state certain rules and rights that apply to all public charters.

Among these: The company can cancel the charter for any reason up to 10 days before departure. This may happen, for instance, if the trip doesn’t sell well. If it cancels, the company must refund your money within 14 days. As a customer, you have the option of canceling and getting a full refund if the company switches trip dates or destinations or increases prices by more than 10%, among other major changes.

The contract also should tell you the name of the charter airline, the type of aircraft and who holds the surety bond. (The latter is important if you need to file a claim.) Ask whether meal and beverage service will be provided on the plane.

* Consider insurance: Trip cancellation and interruption insurance may be a good idea, especially if you’re connecting to the charter’s origin city on scheduled airlines.

If your charter returns late, causing you to miss the connection with your scheduled flight home, you may be stuck paying hundreds for a walk-up fare for a new flight -- plus hotel bills and other expenses while you wait. (One tip: Leave plenty of time to make connections.)

* Know how to file a claim: Customers generally have 60 days from the original date of their charter flight to apply for a refund from a canceled flight, McGuire says.

You should first file with the charter operator. If not satisfied, you should contact the bank or company that holds the surety bond (listed on your contract with the charter). You also may be able to recover your money by contacting your credit card company, a good reason to pay by credit card in the first place.

If all else fails, you can file a complaint with the DOT’s Office of Aviation Enforcement and Proceedings, 400 7th St. S.W., Room 4107, Washington, DC; (202) 366-2220, e-mail airconsumer@ost.dot.gov. The DOT isn’t authorized to get your money back, but the unwanted attention may influence the charter operator to relent.

A far better route is to check out the charter operator before you book the trip.

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Jane Engle welcomes comments and suggestions but cannot respond individually to letters and calls. Write Travel Insider, Los Angeles Times, 202 W. 1st St., Los Angeles, CA 90012, or e-mail jane.engle@latimes.com.