382.15—Do carriers have to make sure that contractors comply with the requirements of this Part?
(a)
As a carrier, you must make sure that your contractors that provide services to the public (including airports where applicable) meet the requirements of this Part that would apply to you if you provided the services yourself.
(b)
As a carrier, you must include an assurance of compliance with this Part in your contracts with any contractors that provide services to the public that are subject to the requirements of this Part. Noncompliance with this assurance is a material breach of the contract on the contractor's part.
(1)
This assurance must commit the contractor to compliance with all applicable provisions of this Part in activities performed on behalf of the carrier.
(2)
The assurance must also commit the contractor to implementing directives issued by your CROs under §§ 382.151 through 382.153.
(c)
As a U.S. carrier, you must also include such an assurance of compliance in your contracts or agreements of appointment with U.S. travel agents. You are not required to include such an assurance in contracts with foreign travel agents.
(d)
You remain responsible for your contractors' compliance with this Part and for enforcing the assurances in your contracts with them.
(e)
It is not a defense against an enforcement action by the Department under this Part that your noncompliance resulted from action or inaction by a contractor.