European Stars And Stripes (Newspaper) - April 26, 1987, Darmstadt, Hesse                                Sunday april 26, 19b7 the stars and stripes Page 9 . To Challenge Max Saver policy new York not one of the most successful new tickets offered by airlines is the Max Saver an extremely Tow fare with an unusual catch it is nun refundable. Since airlines sinned Selling the ticket in january travel associations have credited to with increasing inc number of air passengers by is percent. Travel agents say the biggest problem is that there Ore not enough of the tickets to go around. But after receiving several complaints some con Sumer groups have questioned whether airlines can legally bar passengers from cancelling trips or changing reservations even in Exchange for an inexpensive scat. The new York City department of consumer affairs asserting that the clause violates a City consumer Protection Law said last week that it planned to take the airlines offering the fare to court. It s our position thai he offer an its face is unconscionable under the Law and we plan to Challenge inc offering of this Type of ticket under the Law said Patricia r. Kruger general counsel for the department. She said she planned to file a motion in slate supreme court Wilhm two months to bar the Sale of non refundable tickets Here. Under regulation 404 of the new York City con Sumer Protection Law you cannot have a non canc la ble contract for consumer services unless the. Seller has provided All the services Kruger said. Merely hand ing someone a ticket is no end of a seller s  the Max Saver fare can be As much As 40 percent lower than inc super Saver he next higher fare. For example a Max Saver flight on can am from new York to los Angeles costs si98 round trip during the week while the super Saver fare ranges from $218 to $258. Airlines promoting the fares said thai losing inc Price of a ticket is merely a risk Consumers take in Exchange for the lower fare. They say they have offered non refundable tickets before and have not been challenged in ourt. Several airline spokesmen said few Consumers had complained about the Max Saver tickets. Jeff Kriendler speaking for pan american world airways said the airline received about two or three complaints a week from passengers about the restriction. Richaid h. Scot speaking for Continental airlines would not say How Many complaints inc airline received. Although they will not give Cash refunds the airlines say they will reschedule nights for Consumers who arrive Al the Airport within two hours after their Light leaves. They will also reschedule nights for people who miss a flight because they Are ill if they provide a doctor s Nolc. If someone misses a Light because a family member becomes ill or Dies and this can be proved with a doctor s Nole or obituary the airlines will also offer another flight. Scott said that Continental believed that local Laws could not be applied to its air fares. He said the airline deregulation act of 197s preempts local Laws or ordinances intended to regulate the fares routes or services of federally certified airlines. Gary Walker speaking for the consumer affairs department said the Challenge was not affected by the deregulation act because inc Agency planned to approach inc problem ii an advertising Suc. He said that because inc airlines advertise heir fares in new York cily icy violate the Law that bars businesses from suiting non cancel Abl contrails. It s a common misconception among Consumers Hal All contracts Are non canc Lable Walker said. Virtually any contract May be cancelled As Long As inc consumer understands and is willing o pay a penalty to get out of a  regulation 404 of the cily consumer Protection Law includes inc following sentence a contract for consumer goods or services May not be described As non cancer blk unless the seller has performed All its obligations at the time the consumer signs the  the consumer affairs department said thai if con Sumers notify the airline before the plane takes off then they have cancelled the contract before the airline has performed its obligations. The passenger should expect to pay a penalty for the cancellation. Walker said but not the full fare. Although the airlines had planned to discontinue the Max Saver rates on May 20, several including East Ern Continental pan am trans world and North West say they will extend the fares at higher rates through the summer. The consumer affairs department said it will negotiate with the airlines on behalf of people who have been unable to resolve a dispute Over a Milf Saver fare. Re floating the ferryboat Wuttur pours from the Herald of free Enterprise As salvages re float the Brit ish ferryboat that raps ird off its a by Hilum on March 6. After Ilif operation Friday the half sunken bunts to he been Lowed into port but the operation was debt d until monday without i Penn tin. Nuernberg Graffiti slogans ask for Hess release nuke Buerki Lii Raj in a 1 right Wing extremes saturday Spray painted slogans demanding inc release of former a i Leader Rudulf Hess on the Walls of Nuernberg s municipal sorter stadium polite said. Police said the slogans painted in letters i list in six and nine feet High read Freedom for  let Hess free and support the free German workers  a right Wing extremist group. They said right Wing pamphlet were scattered about the stadium grounds by tin Graffiti artists who struck in the pre Dawn hour. Municipal Van Psycos were working 10 remove the Grallin saturday morning he fare a soccer game scheduled to take place in the stadium later in the Day a urging la police. Hess who turns 93 on monday is the Limiti imprisoned Leader of a i to Many. Me is the sole inmati1 it West Berlin s Allied controlled Spandau prison where he has been Licud since receiving a life prison sentence in inc Nuernberg War crimes i rial in i94ri, Hess. The. Former Deputy to a i Leader Adolf Hitler recently appealed i or his release from prison. Ranking Zierman  is my Jmc Chancellor Helmut Kohl and i resident Richard Vita Wei Steru r. Have Alsi repeatedly failed tits Hess release in recent i ill. Hsiuin. France Anil the i filed states haii1 sued they would he nil Linc to re lease Hess on humanitarian grounds but inc nun has been Heo Keil b the fourth Allej Power the Sosum i Jinn