Liftbrief / Expert Q&A
7. What does Part 295 require a charter broker to disclose—and what must buyers ask for?
Put this to: Amanda Applegate.
Why it matters: distinguish legal disclosure duties from additional transparency the buyer wants to negotiate. Under 14 CFR 295.24, disclosures differ between those required automatically and those required on request. (ecfr.gov)
Question: “Which air charter broker disclosures should we expect before contracting, and how should we handle information that is initially unknown or subsequently changes?”
| Disclosure category | Core distinction to explain |
|---|---|
| Automatic, when known before contracting | Operating carrier identity; broker’s capacity; existence or absence and limits of specified broker liability insurance |
| On request | Relevant carrier relationships when acting as the charterer’s agent; total cost paid to or through the broker; third-party charges payable directly |
| Unknown or changed information | Timely subsequent disclosure sufficient for an informed decision; required and requested information must be disclosed before transportation begins |
These distinctions come from the regulation. Individual fee itemisation is not universally required by this provision. (ecfr.gov)
A good answer should also cover: a plain-English disclosure request; the consequences of late disclosure; and the difference between asking about commercial conflicts and asserting a statutory right to every margin calculation.
Follow-up: “If your commercial relationship favours one carrier, what evidence would demonstrate that the recommendation still suits this buyer?”
Evidence to request: written disclosures and the governing agreement. Have counsel assess remedies against the actual facts; do not describe every substitution as automatically creating the same cancellation right.
Expert quote: [Pending interview, attribution and approval.]