Contract of Carriage : Rule 245
Denied Boarding Compensation
When the carrier is unable to provide previously confirmed space due to more passengers holding confirmed reservations and tickets on a flight than there are available seats on that flight, the carrier will take the actions specified in the provisions of this rule.
- Airport means the airport at which the direct or connecting flight, on which the passenger holds confirmed reserved space, is scheduled to arrive, or some other airport serving the same metropolitan area that is served by the former, provided that transportation to the other airport is accepted and used by the passenger.
- Alternate transportation means air transportation or other transportation used by the passenger, which, at the time the arrangement is made, is planned to arrive at the passenger's next scheduled stopover (of 4 hours or longer) or destination (no later than 2 hours) for flights within the United States, including territories and possessions thereof, or 4 hours for international flights after the passenger's originally scheduled arrival time.
- Carrier means:
A direct air carrier, except a helicopter operator, holding a certificate issued by the Department of Transportation.
- Confirmed reserved space means:
Space on a specific date and on a specific flight and class of service of a carrier that has been requested by a passenger and that the carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided by the carrier's tariff, as being reserved for the accommodation of the passenger, except that confirmed reserved space does not include verifications of reserved space on flights or portions of flights of foreign air carriers which originate outside the United States, its territories or possessions, to the extent that such verifications are made outside the United States, its territories or possessions
- Comparable air transportation means:
Transportation provided by air carriers or foreign air carriers holding certificates of public convenience and necessity, or foreign permits.
- Ticket lifting point/Boarding area means where the passenger boards the aircraft and the point where the passenger's flight coupon is lifted and retained by the carrier.
- Sum of the values of the remaining flight coupons means:
The sum of the applicable one-way fares or 50% of the applicable round-trip fares, as the case may be, including any surcharges and air transportation taxes, less any applicable discounts.
- Stopover means a deliberate interruption of a journey by the passenger, scheduled to exceed 4 hours, at a point between the place of departure and the place of destination.
- Request for Volunteers
- The carrier will request passengers who are willing to do so, to voluntarily relinquish their confirmed reserved space in exchange for compensation in an amount determined by the carrier. If a passenger is asked to volunteer, the carrier will not later deny boarding to that passenger involuntarily unless that passenger was informed at the time he was asked to volunteer that there was a possibility of being denied boarding involuntarily, and of the amount of compensation to which he would have been entitled in that event. The request for volunteers and the selection of such persons to be denied space will be in a manner determined solely by the carrier.
NOTE: In exchange for voluntarily relinquishing confirmed space and subject to the passenger's approval, the carrier will compensate the passenger with travel credit valid for the purchase of transportation instead of monetary compensation. The travel credit will be valid for travel on HA within 365 days from the date of issue and will apply only to online transportation via HA, may not be endorsed to or accepted by any other carrier, and will not be refundable to, saleable by, transferable by, or assignable by the passenger.
- Boarding Priorities
- If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his/her will until airline personnel first ask for volunteers who will give up their reservations willingly, in exchange for a payment of the airline's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily, in accordance with the boarding priority of the specific carrier.
- Boarding priority factors may include, but are not limited to, the following:
- Passenger's time of check-in
- Whether passenger has a seat assignment before reaching departure gate
- The fare paid by a passenger
- Passenger's frequent flyer status
- Passenger's disability or status as an unaccompanied minor
- In the event the flight is known to be oversold while passengers are still in the process of check-in, the passengers will be accepted for the flight in the order of "check-in." In the event the flight is known to be oversold only after boarding, the passengers will be accepted for the flight in the order of boarding.
EXCEPTION: If any seats are made available by persons willing to voluntarily relinquish their seats, passengers who are qualified and with a disability, unaccompanied children, elderly or infirmed (to an extent that failure to carry would in carrier's opinion, cause a severe hardship) will be offered the available seats regardless of the order of check-in or boarding. Passengers within these categories will be accepted in the order of check-in or boarding.
- Transportation for Passengers Denied Boarding
When the carrier is unable to provide previously confirmed space, the carrier causing the passenger to be delayed will provide transportation to persons who have been denied boarding, whether voluntarily or involuntarily, in accordance with the provisions below.
- The carrier will transport the passenger without stopover on its next flight on which space is available at no additional cost to the passenger, regardless of class of service.
- If the carrier causing such delay is unable to provide onward transportation acceptable to the passenger, any other carrier or combination of carriers, at the request of the passenger, will transport the passenger without stopover on its (their) next flight(s) in the same class of service as the passenger's original outbound flight; or if space is available on a flight(s) of a different class of service acceptable to the passenger, such flight(s) will be used without stopover at no additional cost to the passenger only if it (they) will provide an earlier arrival at the passenger's destination, next stopover point, or transfer point.
- Compensation for Involuntary Denied Boarding
In addition to providing transportation as described in paragraph D) above, when the passenger who is delayed has not voluntarily relinquished confirmed reserved space in accordance with provisions in paragraph B) above, the carrier causing the delay will compensate the delayed passenger for the carrier's failure to provide confirmed space. Compensation will be made in accordance with the provisions below.
- Conditions for Payment
- The passenger holding a ticket for confirmed space must present himself/herself for carriage at the appropriate time and place, having complied fully with the carrier's requirements as to ticketing, check-in, and reconfirmation procedures and having met all requirements for acceptance for transportation published in the carrier's tariff.
- The flight for which the passenger holds confirmed reserved space must be unable to accommodate the passenger and departs without the passenger.
EXCEPTION 1: The passenger will not be eligible for compensation if the flight on which he/she holds confirmed reserved space is unable to accommodate him/her because of government requisition of space or substitution of equipment of lesser capacity when required by operational or safety reasons.
EXCEPTION 2: The passenger will not be eligible for compensation if his/her reservation has been cancelled according to Rule 135(C)--Airport Check-In Time Limits.
EXCEPTION 3: The passenger will not be eligible for compensation when he/she is accommodated on another flight or flights that are scheduled to arrive at the passenger's next stopover or, if none, initial destination within one (1) hour after the scheduled arrival time of the passenger's original flight or flights.
NOTE: Failure to comply with rules concerning check-in time limits set forth in Rule 135 of this tariff will result in the cancellation of the passenger's reservation and will render him/her ineligible for denied boarding compensation.
- Amount of Compensation
Passengers traveling between points within the United States (including the territories and possessions) who are denied boarding involuntarily from an oversold flight are entitled to: (1) no compensation if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover not later than one hour after the planned arrival time of the passenger’s original flight; (2) 200% of the fare to the passenger’s destination or first stopover, with a maximum of $650, if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover more than one hour but less than two hours after the planned arrival time of the passenger’s original flight; and (3) 400% of the fare to the passenger’s destination or first stopover, with a maximum of $1,300, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger’s destination or first stopover less than two hours after the planned arrival time of the passenger’s original flight.
NOTE: At the passenger's option, the carrier may compensate the passenger with a travel credit valid for transportation instead of monetary compensation. The offer of free transport would be equal to or greater than the monetary compensation due. The Travel Credit is nontransferable, has no refund value, and may be voluntarily rerouted and reissued by the issuing carrier only.
- Time of Offer of Compensation
The offer of compensation will be made by the carrier on the day and at the place where the failure to provide confirmed reserved space occurs, and, accepted by the passenger. Provided, however, that when the carrier arranges, for the passenger's convenience, alternate means of transportation that departs before the time the offer can be made to the passenger, the offer will be made by mail or other means within 24 hours after the time the failure occurs.