
Oct 4, 2009, 1:56 AM
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Banned
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Join Date: Dec 2008
Posts: 1,366
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Quote:
Originally Posted by AirlinesMustPay
As a passenger the OP need not get into all that. All her concern is, she did not make the connecting flight and there was no unusual occurence that frustrated the contract of carriage. If that was in Court, the airline has no sustainable argument that I could see.
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You are still missing the point. It is in all airlines' Contract of Carriage. Here's Continental's:
Quote:
RULE 24 FLIGHT DELAYS/CANCELLATIONS/AIRCRAFT CHANGES (revised December 7, 2007)
A)General
3) Schedules are Subject To Change Without Notice - Times shown on ticket, timetable or elsewhere are not guaranteed and form no part of the Contract of Carriage. CO will notify Passengers at the gate and on board an affected aircraft, in a timely manner, of the best available information regarding known delays, cancellations, and diversions. CO will not be responsible for errors or omissions either in timetables or other representation of schedules. No employee, agent or representative of CO is authorized to bind CO by any flight information statement.
B)Definitions - For the purpose of this Rule, the following terms have the meanings below:
4)Force Majeure Event – any of the following situations:
a)Any condition beyond CO’s control including, but not limited to, meteorological conditions, acts of God, riots, terrorist activities, civil commotions, embargoes, wars, hostilities, disturbances, or unsettled international conditions, either actual, 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 CO’s services;
c)Any governmental regulation, demand or requirement;
d)Any shortage of labor, fuel, or facilities of CO or others;
e)Damage to CO’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 CO.
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And here are the relevant parts of US Airways' COC:
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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 timetables or elsewhere are not guaranteed and form no part of the terms of transportation. US Airways may substitute alternate carriers or aircraft and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. US Airways is not responsible or liable for making connections, for failing to operate any flight according to schedule, or for changing the schedule of any flight.
9.6 AMENITIES/SERVICES FOR DELAYED CUSTOMERS
When a ticketed customer holds a confirmed reservation on a flight, US Airways may assume limited expenses incurred as a result of a flight cancellation or schedule irregularity resulting in a delay exceeding four hours as outlined below. US Airways may also provide special amenities and services which, in US Airways’ judgment, are required by certain customers such as unaccompanied children, customers requiring special assistance, and customers with medical conditions, in order to maintain the safety, health, and welfare of such customers. Amenities will not be made available to a customer on any US Airways flight which is delayed or cancelled in the metropolitan area where the customer resides.
US Airways will provide a food voucher to customers whose flights have been cancelled or delayed for four hours or more, during normal meal times, when the delay is not due to Air Traffic Control, weather, or other circumstances beyond US Airways’ control. The food voucher may be used at a restaurant in the airport or a hotel restaurant for customers who are also accommodated overnight. The value of the food voucher will vary according to whether it is for breakfast, lunch, or dinner. In the event of a delay or cancellation, overnight accommodations will be arranged by US Airways, at their expense, for customers at connecting points whose flights are delayed or cancelled because of circumstances within US Airways’ control for whom no alternate transportation is available. Overnightaccommodations will not be provided for customers whose flights are delayed or cancelled due to circumstances beyond US Airways’ control such as Air Traffic Control or weather . Overnight accommodations include a hotel and transportation to and from the hotel selected by US Airways. Food vouchers will be provided if the customer misses dinner and/or breakfast due to delay or cancellation.
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Other airlines' COCs contain similar language.
So your arguments are all covered by the contract of carriage which states that scheduled departure/arrival times are never guaranteed and that a delay due to either weather or ATC delays precludes the passenger from receiving any amenities or services in the form of food vouchers or hotel accommodations paid for by the airline.
There were some special considerations where the condition of weather/ATC delays would be waived but the OP did not fall into any of those categories. Sorry, but your arguments are all wrong. You say you're an attorney but perhaps you should actually read the various contracts of carriage before posting legal advice. I'm sorry but the OP is entitled to nothing. As a customer service gesture US Airways may issue travel vouchers for the value of the unused portions of their tickets since the OP bought the other tickets on Southwest but US is not going to reimburse her the $511 she paid for those tickets.
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