International Contract of Carriage : Rule 85
Schedules, Delays, and Cancellation of Flights
Times shown in timetables or elsewhere are approximate and not guaranteed, and form no part of the contract of carriage. Schedules are subject to change without notice and carrier assumes no responsibility for making connections. Carrier will not be responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of carrier is authorized to bind carrier by any statements or representation as to the dates or times of departure or arrival, or of the operation of any flight.
- Schedule Irregularity
When a passenger will be delayed because of a schedule irregularity or a carrier cancels the passenger's reservation pursuant to rule 60 (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;
- The carrier causing the schedule irregularity will refund in accordance with rule 90 (refunds); or
- When passenger is rerouted in accordance with paragraph (2) above, carrier will endorse to another carrier the unused portion of the ticket for the purposes of rerouting
Exception: carrier will not require endorsement for transportation documents governing portions of transportation wholly within the area comprising the Continental U.S.A.
- Extended Delays
NOTE; In the case of codeshare flights, the operating carrier’s tarmac delay contingency plan shall apply.
- 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 restroom 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 C(2) and C(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.
- Change In Schedule
When a passenger will be delayed because of a change in its schedule, carrier will arrange to:
- Transport the passenger over its own lines to the destination, next stopover point or transfer point shown on its portion of the ticket, without stopover at no additional cost to the passenger, provided that a passenger who paid a economy fare will be transported on one of its first class flights only if such flight will provide an earlier arrival than its next economy flight on which space is available;
- Endorse the unused ticket for the purpose of rerouting over another carrier; or
- Refund in accordance with rule 90 (refunds).
- Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch, but no particular time is fixed for the commencement or completion of carriage. Subject thereto carrier may, without notice, substitute alternate carriers or aircraft and may alter or omit the stopping places shown on the face of the ticket in case of necessity.
- Carrier may, without notice, cancel, terminate, divert, postpone, or delay any flight or the further right of carriage or reservation of traffic accommodations and determine if any departure or landing should be made, without any liability except to refund in accordance with its tariffs the fare and baggage charges for any unused portion of the ticket, when it would be advisable to do so:
- Because of any fact beyond its control (including, but without limitation, meteorological conditions, acts of god, force majeure, strikes, riots, civil commotions, embargoes, wars, hostilities, disturbances or unsettled international conditions), actual, threatened or reported or because of any delay, demand, condition, circumstances or requirement due, directly or indirectly, to such fact;
- Because of any fact not reasonably to be foreseen, anticipated, or predicted;
- Because of any government regulation, demand, or requirement; or
- Because of shortage of labor, fuel, or facilities or labor difficulties of carrier or others.
- Carrier may cancel the right or further right of carriage of the passenger and his baggage upon refusal of the passenger, after demand by carrier, to pay the fare or portion thereof so demanded, or to pay any charge so demanded and assessable with respect to the baggage of the passenger, without being subject to any liability therefore except to refund, in accordance herewith, the unused portion of the fare and baggage charge(s) previously paid, if any.
- Notwithstanding the provisions of this rule, 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 which voluntarily or involuntarily has become the subject of bankruptcy proceedings (the "defaulting carrier").
Exception: notwithstanding the provisions of this paragraph, tickets issued by the defaulting carrier will be accepted solely for transportation over the lines of carrier provided such tickets were issued by such defaulting carrier in its capacity as agent for carrier and specified transportation via carrier. When tickets are accepted, no adjustments in fare will be made which would require carrier to refund money to the passenger.