Contract of Carriage : Rule 240
Flight Delays/Cancellations (Confirmed Passengers)
The provisions of this rule apply to a passenger who has a ticket and a confirmed reservation on a flight which he/she does not use for one of the reasons named below.
HA will make every attempt to notify passengers of any flight delays, cancellations or diversions as soon as any decision to make such a change is confirmed. On the day of departure, in either the airport or onboard the aircraft, HA employees will update passengers at minimum every twenty (20) minutes on the status of the flight.
For the purpose of this rule, the following terms have the meaning indicated below:
- Comparable air transportation means transportation provided by air carriers or foreign air carriers holding certificates of public convenience and necessity, or foreign permits.
- Connecting point means 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.
- Delivering carrier means a carrier on whose flight a passenger holds or held confirmed space to a connecting point.
- 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 receiving carrier's flight.
NOTE: The same rules regarding delivering and receiving carrier responsibility apply at the subsequent point(s) of misconnection as would apply at the point of original misconnection.
- New receiving carrier(s) means a carrier or combination of connecting carriers, other than the original receiving carrier(s), operating between the point of misconnnection and the destination or next point of stopover or connecting point shown on the passenger's ticket, on whose flight a passenger is transported from the connecting point.
- Original receiving carrier(s) means 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.
- Outbound flight means the flight on which a passenger originally held confirmed spacebeyond the point where the schedule irregularity or failure to carry occurs.
- Schedule irregularity means any of the following irregularities:
- Delay in scheduled departure or arrival of a carrier's flight resulting in a misconnection, or
- Flight cancellation, omission of a scheduled stop, or any other delay or interruption in the scheduled operation of a carrier's flight, or
- Substitution of equipment of a different class of service, or
- Schedule changes which require rerouting of passenger at departure time of the original flight.
- Schedule Irregularity
When a passenger will be delayed because of a schedule irregularity or a carrier cancels the passenger's reservation according to Rule 135 (Cancellation of Reservations).
- Any carrier causing such delay or in the case of a misconnection, the original receiving carrier(s) will transport the passenger without stopover on its (their) next flight on which space is available in the same class of service as the passenger's original outbound flight at no additional cost to the passenger. 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.
- If the carrier causing such delay, or in the case of misconnection the original receiving carrier(s) is unable to provide onward transportation acceptable to the passenger, any other carrier or combination of connecting 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, or
- The carrier causing the schedule irregularity will provide a refund in accordance with Rule 260 (Involuntary Refunds) if applicable.
- Amenities/Services for Delayed Passengers
The carrier will assume the expenses outlined below for all passengers incurred as a result of cancellation, delay or interruption of any flight on which a passenger holds confirmed reservations. Passengers will be informed of the available amenities when a delay is expected to exceed 4 hours.
- Hotel Rooms - HA will provide one-night's lodging at accommodation selected by HA when a passenger's delay is expected to exceed 4 hours and extend into the period 10:00 pm through 6:00 am, and no scheduled alternate transportation is available to the passenger's destination or stopover point. HA will not provide lodging for passengers who reside in the city where the interruption occurs.
- Meals - Passengers will be furnished one meal voucher if the delay will extend beyond the four (4) hours. No alcoholic beverages will be furnished to any passengers.
- Local Ground Transportation will be provided to the downtown area or from/to local hotel whichever is applicable.
- Communications - One long distance telephone call will be allowed between any two points in the United States.
- In lieu of the above, and subject to passenger's approval, HA will compensate the passenger with credit valid for the purchase of transportation. The credit will be valid for travel only on HA within 365 days of 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 is not refundable to, saleable by, transferable by or assignable by the passenger.
EXCEPTION 1: The provisions above do not apply to passengers holding confirmed reservations, on a flight which is delayed or cancelled because of U.S. weather bureau observations or forecasts indicating that environmental conditions will be such that at the time or arrival or departure of the flight either the airport may be closed,or that weather conditions will be less than minimum allowed for landing or takeoff as required by the Federal Aviation Administration. If an attempt is made to conduct the flight, all passengers will be informed that an attempt will be made.
NOTE: The above exception does not apply and amenities will be provided to:
- A passenger who is deplaned at a point other than his/her destination or point of origin.
- A passenger whose onward transportation on the carrier is delayed or cancelled at a connecting point intermediate to his/her destination.
- A passenger who in the carrier's best judgment requires such amenities and services because of special circumstances, i.e., unaccompanied children, elderly persons, invalids or incapacitated and/or ill passengers, and qualified individuals with a disability, in order to maintain the safety, health and welfare of such passengers.
EXCEPTION 2: When an HA flight is delayed or cancelled because U.S. Weather Bureau observations or forecasts indicating that environmental conditions at the airport of destination will be such that, at the time of arrival of the flight, either the airport may be closed, or that weather conditions will be less than minimum allowed for landing as required by the Federal Aviation Administration, passengers originating travel on such a flight will be given that information before departure of the flight. After all passengers have been informed that 1) indications are the flight will be unable to land at their destination or stopover point and 2) that if the flight does not land, HA will not provide amenities of any kind, those passengers who nevertheless elect to travel may be boarded. Passengers who hold confirmed reservations and who have come to the airport to board that flight to that point but elect not to travel after being so informed, will be provided ground transportation from the airport, back to their residence/hotel, but no other amenities will be provided. Passengers making direct connections from another HA flight or any other carrier will be provided full amenities, whether they elect to remain at the connecting point or whether they elect to travel and are landed at a point other than their final destination or stopover point.
EXCEPTION 3: The services and amenities described above will not be provided for flight interruption, cancellation or delay caused by acts of God, riots, civil commotions, government embargoes or regulations, wars, hostilities, disturbances, adverse weather conditions, labor disputes, air traffic congestion, airport closure or interline misconnection due to delay of other carriers.
- Extended Delays
- HA will permit passengers to disembark an aircraft before it is delayed more than three (3) hours after the aircraft door closes (in the case of departure) or from the time the aircraft touches down (in the case of arrival) unless (i) the pilot-in-command determines there is a safety-related or security-related reason why the aircraft cannot leave its position on the tarmac to deplane passengers or (ii) air traffic control advises the pilot-in-command that returning to the gate or another disembarkation point elsewhere in order to deplane passengers would significantly disrupt airport operations.
- If extended delays (over two (2) hours) are encountered for passengers already boarded and after the aircraft leaves the gate (in case of departure) or touches down (in the case of arrival), HA will provide food (snack mix, pretzels etc.), water, juice and/or soft drinks, consistent with passenger and employee safety and applicable laws and regulations.
- HA will provide rest room facilities and access to medical treatment consistent with passenger and employee safety and applicable laws and regulations, while the aircraft remains on the tarmac.
- HA has sufficient resources to implement paragraphs E(2) and E(3) above and has coordinated with airport authorities at all medium and large hub airports that HA serves, including medium and large hub diversion airports, pursuant to 14 C.F.R. Part 259.
- Liability of Carrier - Except to the extent provided in this rule, no carrier will be liable for failing to operate any flight according to schedule or for changing the schedule of any flight, with or without notice to the passenger.
- Notwithstanding the provisions of this rule, the carrier will not accept for any purposes under this rule, passenger tickets or related transportation documents issued by any carrier which is in substantial default of its interline obligations or whose aviation certificate has been revoked or suspended by the Federal Aviation Association.
EXCEPTION: Notwithstanding the provisions of this paragraph, tickets issued by the defaulting carrier will be accepted solely for transportation over the lines of another carrier provided such tickets were issued by such defaulting carrier in its capacity as agent for the other carrier and specified transportation via that carrier. When tickets are accepted, no adjustments in fare will be made which would require the other carrier to refund money to the passenger.
- The carrier will not be responsible for any consequential damages or incidental costs incurred by the passengers such as, but not limited to, loss of wages/income/salaries.