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.
9.2 NOTIFICATION
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).
Contract of Carriage
DELAYS,
CANCELLATIONS AND DIVERSIONS
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.
FORCE MAJEURE EVENTS
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
of
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
Delta
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:
(a) Meals
Delta will offer a voucher for meal service to each ticketed passenger.
(b) Hotels
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
A) General
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.
OPERATION
IRREGULARITIES
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Schedules and
Operations
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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.
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Force Majeure
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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.
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Delays at the
Airport
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§ 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.
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Cancellations at the Airport
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§ 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.
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