9.0 DELAYED AND CANCELLED FLIGHTS
9.1 US AIRWAYS’ RESPONSIBILITY FOR SCHEDULES AND OPERATIONS
US Airways undertakes to use its best efforts to transport the customer and baggage with reasonable dispatch. Times shown in websites, advertisements, timetables, or elsewhere are not guaranteed and form no part of the Contract of Carriage. US Airways may substitute alternate carriers or aircraft, change seat assignment, and may alter or omit stopping places shown on the ticket in case of neces- sity. Schedules are subject to change without notice. US Airways is not responsible or liable for substi- tuting aircraft, changing seat assignments, making connections, failing to operate any flight according to schedule, or changing the schedule of any flight.
In the event of a Force Majeure Event, US Airways, without notice, may cancel, terminate, divert, post- pone, or delay any flight, right of carriage, or reservations (whether or not confirmed) without liability on the part of US Airways. US Airways also reserves the right to determine if any departure or landing should be made without liability on the part of US Airways. US Airways may reschedule the customer on another available US Airways flight or refund any unused portions of the ticket in the form of a travel certificate.
Force Majeure Event Means:
• Any condition beyond the control of US Airways including, but not limited to, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, disturbances, or unsettled international conditions − actual, threatened, or reported. Also, because of any delay, demand, circumstances, or requirement due (directly or indirectly) to such conditions; or
• Any strike, work stoppage, slowdown, lockout, or any other labor related dispute involving or affecting US Airways’ service; or
• Any government regulation, demand, or requirement; or
• Any shortage of labor, fuel, or facilities of US Airways or others; or
• Any fact not reasonable foreseen, anticipated, or predicted by US Airways.
In the event of a flight delay, cancellation, or diversion, US Airways will provide the most current infor- mation available to customers in the airport or onboard an aircraft in a timely manner. Flight informa- tion may also be obtained through the US Airways web site (www.usairways.com) and the US Airways toll−free flight information number (1−800−94 FLIFO).
American Airlines will provide customers at the airport and onboard an affected aircraft with timely and frequent updates regarding known delays, cancellations and diversions and will strive to provide the best available information concerning the duration of delays and to the extent available, the flight's anticipated departure time.
We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.
When cancellations and major delays are experienced, you will be rerouted on our next flight with available seats. If the delay or cancellation was caused by events within our control and we do not get you to your final destination on the expected arrival day, we will provide reasonable overnight accommodations, subject to availability.
In extreme circumstances, it is possible that a flight will cancel while on the ground in the city to which it was diverted. When this happens you will be rerouted on the next American flight with available seats, or in some circumstances on another airline or some other alternative means of transportation. If we are unable to reroute you, reasonable overnight accommodations will be provided by American, subject to availability.
American will provide amenities for delayed passengers, necessary to maintain the safety and/or welfare of certain passengers such as customers with disabilities, unaccompanied children, the elderly or others to whom such amenities will be furnished consistent with special needs and/or circumstances.
American may, in the event of a force majeure event, without notice, cancel, terminate, divert, postpone or delay any flight or the right of carriage or reservation of traffic accommodations without liability except to issue an involuntary refund. The involuntary refund will be made in the original form of payment in accordance with involuntary refund rules for any unused portion of the ticket. American will also reserve the right to determine if any departure or landing should be made without any liability except the afore mentioned involuntary refund.
Force Majeure Event Means:
· Any condition beyond American's control including, but without limitation, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, disturbances or unsettled international conditions - actual threatened or reported. Also, because of any delay, demand, circumstances or requirement due, directly or indirectly to such conditions, or
· Any strike, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting American's service, or
· Any government regulation, demand or requirement, or
· Any shortage of labor, fuel or facilities of American or others, or
· Any fact not reasonably foreseen, anticipated or predicted by American.
RULE 240: FLIGHT DELAYS/CANCELLATIONS
A. Flight Schedules are Not Guaranteed
Delta will exercise reasonable efforts to carry passengers and their baggage according to Delta’s published schedules and the schedule reflected on the passenger’s ticket, but published schedules, flight times, aircraft type, seat assignments, and similar details reflected in the ticket or Delta’s published schedules are not guaranteed and form no part of this contract. Delta may substitute alternate carriers or aircraft, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket at any time. Schedules are subject to change without notice. Except as stated in this rule, Delta will
have no liability for making connections, failing to operate any flight according to schedule, changing the schedule for any flight, changing seat assignments or aircraft types, or revising the routings by which Delta carries the passenger from the ticketed origin to destination.
B. Delta’s Liability in the Event of Schedule Changes, Delays and Flight Cancellations
In the event of flight cancellation, diversion, delays of greater than 90 minutes, or delays that remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with Rule 260 of these conditions of carriage. If the passenger does not request a refund and cancellation of the ticket, Delta will transport the passenger to the destination on Delta’s next flight on which seats are available in the class of service originally purchased. At Delta’s sole discretion and if acceptable to the passenger,
Delta may arrange for the passenger to travel on another carrier or via ground transportation. If acceptable to the passenger, Delta will provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, Delta will transport the passenger on the flight, although Delta reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class
service originally purchased.
C. Delta’s Liability For Additional Amenities in the Event of Schedule Changes, Delays and Flight Cancellations
Except as provided above, Delta shall have no liability if the flight cancellation, diversion or delay was due to force majeure. As used in this rule, “force majeure” means actual, threatened or reported:
(1) Weather conditions or acts of God
(2) Riots, civil unrest, embargoes, war, hostilities, or unsettled international conditions
(3) Strikes, work stoppages, slowdowns, lockout, or any other labor-related dispute
(4) Government regulation, demand, directive or requirement
(5) Shortages of labor, fuel, or facilities
(6) Any other condition beyond Delta’s control or any fact not reasonably foreseen by
However, when for reasons other than force majeure, a passenger’s travel is interrupted for greater than 4 hours after the scheduled departure time as a result of flight cancellation or delay on the date of travel Delta will provide the passenger with the following additional amenities during the delay:
Delta will offer a voucher for meal service to each ticketed passenger.
If overnight accommodations are available at Delta contracted facilities, Delta will provide the passenger with a voucher for one night‘s lodging when the delay is during the period of 10:00 pm to 6:00 am. Delta will provide free public ground transportation to the hotel if the hotel does not offer such service. If accommodations are not available, Delta will provide the passenger with a voucher that may be applied to future travel on Delta equal in value to the contracted hotel rate, up to $100 USD.
(c) Ground Transportation
In lieu of lodging or other amenities, if a passenger’s flight is diverted to an alternative airport, Delta will furnish ground transportation to the destination airport if the destination on the ticket and the diverted airport destination are within the following city groups:
San Francisco, CA (SFO)/ Oakland, CA (OAK)/ San Jose, CA (SJC)
Los Angeles, CA (LAX)/ Long Beach, CA (LGB)/ Ontario, CA (ONT)/ Santa Ana, CA (SNA) Denver, CO (DEN)/ Colorado Springs (COS)
O’Hare – Chicago, IL (ORD)/ Midway – Chicago, IL (MDW) Dallas-Ft. Worth, TX (DFW)/ Dallas, TX Love Field (DAL)
Bush Intercontinental – Houston, TX (IAH)/ Hobby – Houston, TX (HOU) Fort Lauderdale, FL (FLL)/ Miami, FL (MIA)/ West Palm Beach, FL (PBI)
Baltimore, MD (BWI)/ National – Washington, DC (DCA)/ Dulles – Washington, DC (IAD) Newark, NJ (EWR)/ LaGuardia – New York, NY (LGA)/ John F. Kennedy – New York, NY (JFK)
Orlando, FL (MCO)/ Tampa, FL (TPA)/ Daytona Beach, FL (DAB)/ Melbourne, FL (MLB)
(d) Additional Amenities
Delta will provide such additional amenities as are necessary to maintain the safety and/or welfare of customers with special needs such as unaccompanied children and customers with disabilities. Such amenities will be furnished consistent with special needs and/or circumstances.
RULE 24 FLIGHT DELAYS/CANCELLATIONS/AIRCRAFT CHANGES
1) U.S.A. Origin Flights - Where the UA flights originate in the U.S.A., the provisions of this Rule apply to a Passenger who has a Ticket and a confirmed reservation on a flight that incurs a Change in Schedule, Force Majeure Event or a Schedule Irregularity.
2) Non-U.S.A. Origin Flights - Where the UA flight originates outside the U.S.A., the following provisions apply to a Passenger who has a Ticket and a confirmed reservation on a flight:
a) If local or international laws regulate Change in Schedule, Force Majeure or Schedule Irregularity events, then the procedures in Rule 24 will not be applied.
b) If no local law otherwise regulates Change in Schedule, Force Majeure or Schedule Irregularity events, then the procedures in Rule 24 will be applied.
3) Schedules are Subject To Change Without Notice - Times shown on ticket, timetable or elsewhere are not guaranteed and form no part of this contract. UA will promptly provide Passengers the best available information regarding known delays, cancellations, misconnections and diversions, but UA is not liable for any misstatements or other errors or omissions in connection with providing such information. No employee, agent or representative of UA can bind UA legally by reason of any statements relating to flight status or other information. Except to the extent provided in this Rule, UA shall not be liable for failing to operate any flight according to schedule, or for any change in flight schedule, with or without notice to the passenger.
B) Definitions - For the purpose of this Rule, the following terms have the meanings below:
1) Change in Schedule – an advance change in UA’s schedule (including a change in operating carrier or itinerary)
that is not a unique event such as a Schedule Irregularity or Force Majeure Event as defined below.
2) Connecting Point – a point to which a Passenger holds or held confirmed space on a flight of one carrier and out of which the Passenger holds or held confirmed space on a flight of the same or another carrier. All airports through which a city is served by any carrier will be deemed to be a single Connecting Point when the receiving carrier has confirmed reservations to the Delivering Carrier.
3) Delivering Carrier – a carrier on whose flight a Passenger holds or held confirmed space to a Connecting Point.
4) Force Majeure Event – any of the following situations:
a) Any condition beyond UA’s control including, but not limited to, meteorological or geological conditions, acts of God, riots, terrorist activities, civil commotions, embargoes, wars, hostilities, disturbances, or unsettled international conditions, either actual, anticipated, threatened or reported, or any delay, demand, circumstances, or requirement due directly or indirectly to such condition;
b) Any strike, work stoppage, slowdown, lockout, or any other labor-related dispute involving or affecting UA’s services;
c) Any governmental regulation, demand or requirement;
d) Any shortage of labor, fuel, or facilities of UA or others;
e) Damage to UA’s Aircraft or equipment caused by another party;
f) Any emergency situation requiring immediate care or protection for a person or property; or g) Any event not reasonably foreseen, anticipated or predicted by UA.
5) Misconnection – occurs at a Connecting Point when a Passenger holding confirmed space on an Original Receiving Carrier is unable to use such confirmed space because the Delivering Carrier was unable to deliver him/her to the Connecting Point in time to connect with the Original Receiving Carrier’s flight.
NOTE: The same rules regarding Delivering and Original Receiving Carrier responsibilities apply at the subsequent point(s) of Misconnection as would apply at the point of original Misconnection.
6) Original Receiving Carrier(s) – a carrier or combination of connecting carriers on whose flight(s) a Passenger originally held or holds confirmed space from a Connecting Point to a destination, next Stopover or Connecting Point.
7) Schedule Irregularity – any of the following irregularities:
a) Delay in scheduled departure or arrival of a carrier’s flight resulting in a Misconnection;
b) Flight or service cancellation, omission of a scheduled stop, or any other delay or interruption in the scheduled operation of a carrier’s flight;
c) Substitution of aircraft type that provides different classes of service;
d) Schedule changes which require Rerouting of Passengers at departure time of the original flight; or e) Cancellation of a reservation by UA pursuant to Rule 5.
EXCEPTION: UA shall have no obligation to honor another carrier’s ticket that does not reflect a confirmed reservation on UA, unless the issuing carrier reissues the ticket for any changes in routing. In the event such carrier is not available to do so, UA reserves the right to reroute passengers only over its own lines between the points named on the original ticket.
C) Change in Schedule - When a Passenger’s Ticketed flight is affected because of a Change in Schedule, UA will, at its election, arrange one of the following:
1) Transport the Passenger on its own flights, subject to availability, to the Destination, next Stopover point, or transfer point shown on its portion of the Ticket, without Stopover in the same class of service, at no additional cost to the Passenger;
2) At UA’s discretion, reroute Passengers over the lines of one or more carriers in the same class of service when a
Change in Schedule results in the cancellation of all UA service between two cities;
3) Advise the Passenger that the value of his or her Ticket may be applied toward future travel on United within one year from the date of issue without a change or reissue fee; or
4) If the Passenger is not transported as provided in C) 1) or 2) above and does not choose to apply the value of his or her Ticket toward future travel as provided in C) 3) above, the Passenger will be eligible for a refund upon request. See Rule 27 A).
D) Force Majeure Event - In the event of a Force Majeure Event, UA without notice, may cancel, terminate, divert, postpone, or delay any flight, right of carriage or reservations (whether or not confirmed) and determine if any departure or landing should be made, without any liability on the part of UA. UA may re-accommodate Passengers on another available UA flight or refund any unused portions of the Ticket in the form of a travel certificate.
COC FOR FLIGHT DELAYS AND FORCE MAJEURE:
Force Majeure Event means any event outside of Carrier‟s control, including, without limitation, acts of God, meteorological events, such as storms, rain, wind, fire, fog, flooding, earthquakes, haze, or volcanic eruption. It also includes, without limitation, government action, disturbances or potentially volatile international conditions, civil commotions, riots,
embargoes, wars, or hostilities, whether actual, threatened, or reported, strikes, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting Carrier‟s service, mechanical difficulties by entities other than Carrier, Air Traffic Control, the inability to obtain fuel, airport gates, labor, or landing facilities for the flight in question or any fact not reasonably foreseen, anticipated or predicted by Carrier.
(4) Delays or Involuntary Cancellations. If a Passenger‟s scheduled transportation is cancelled, terminated, or delayed before the Passenger has reached his final destination as a result of a flight cancellation, Carrier-caused missed connection, flight delay, or omission of a scheduled stop, Carrier will either transport the Passenger at no additional charge on another of Carrier‟s flights, refund the fare for the unused transportation, or provide a credit for such amount toward the purchase of future travel.
Virgin America will endeavor to carry Guests and their baggage with reasonable dispatch; however, times shown in timetables, advertisements, or elsewhere are not guaranteed and form no part of this Contract of Carriage. Virgin America may, without notice, substitute alternate carriers or aircraft and, if necessary, may alter or omit stopping places included in the Guest’s original flight itinerary. Schedules are subject to change without notice. Virgin America is not responsible for or liable for failure to make connections, or to operate any flight according to schedule, or for a change to the schedule of any flight. Under no circumstances shall Virgin America be liable for any indirect, consequential, incidental, punitive or special damages including, without limitation, damages for lost revenue or profits, loss of use, lost wages, or business interruption arising from the foregoing.
In the event of any Force Majeure event, Virgin America may, without notice, cancel, terminate, divert, postpone or delay any flight or the right of carriage or reservation
of traffic accommodations without liability except to issue an involuntary refund. The
involuntary refund will be made in the original form of payment in accordance with involuntary refund rules for any unused portion of the ticket. Virgin America will also reserve the right to determine if any departure or landing should be made without any liability except the aforementioned involuntary refund.
Delays at the
§ Virgin America will notify Guests within 30 minutes of becoming aware of a delay.
§ An accurate and honest explanation of the delay will be relayed to all Guests in a timely manner and updates will be given every 30 minutes.
§ A Guest Service Team Member will be stationed at the gate through the length of the delay to assist Guests with alternate arrangements or questions.
Cancellations at the Airport
§ Virgin America will notify Guests immediately upon notification of a flight cancellation.
§ An accurate and honest explanation of the cancellation will be relayed to Guests in a timely manner.
§ A Guest Service Team Member will be available to arrange alternate flights, accommodations and to issue compensation when necessary.