Alaska Airlines, Inc. Contract of Carriage
Revised January 19, 2021
Domestic Carriage and/or International Carriage of Passengers and Baggage provided by Alaska Airlines, Inc. ("Alaska"), as well as by other Carriers operating flights on behalf of Alaska under a capacity purchase or other agreement, including, but not limited to, our regional partners Horizon Air Industries, Inc. ("Horizon"), and SkyWest Airlines, Inc. ("SkyWest"), are subject to the terms and conditions of this Contract of Carriage, in addition to any terms and conditions printed on or in any Ticket or e-Ticket receipt. In addition, Alaska may sell tickets operated by one or more of our Codeshare Partners, and such tickets would also be subject to this Contract of Carriage except as stated herein. By purchasing a Ticket or accepting Domestic Carriage or International Carriage on Alaska and/or Alaska’s regional partners or Codeshare Partners, the Passenger agrees to be bound by all of the terms and conditions of this Contract of Carriage, and no covenants at law or in equity shall be implied or incorporated. This Contract of Carriage is subject to applicable laws, regulations and rules imposed by U.S. and foreign governmental agencies. In the event of a conflict between the terms of this Contract of Carriage and such applicable laws, regulations or rules, the latter shall apply.
Rule 19. Additional Liability Limitations for International Carriage
- For purposes of International Carriage governed by the Montreal Convention or the Warsaw Convention, the liability rules set out in the Montreal Convention and the Warsaw Convention, whichever may apply, are fully incorporated by reference herein and shall supersede and prevail over any provisions of this Contract of Carriage which may be inconsistent with those rules.
- Successive Carriers - Carriage to be performed under one Ticket or under a Ticket and any conjunction Ticket issued in connection therewith by several successive Carriers is regarded as a single operation.
- Alaska shall avail itself of the limitations of liability provided in the Montreal Convention and the Warsaw Convention, whichever applies, for recoverable compensatory damages sustained in the case of death or bodily injury of a Passenger, as provided in the following paragraphs:
(a) Alaska shall not avail itself of any exoneration defense under the Montreal Convention or Warsaw Convention with respect to that portion of such claim for death or bodily injury of a Passenger which does not exceed 128,821 SDRs for each Passenger.
(b) Alaska shall not be liable for damages to the extent that they exceed 128,821 SDRs for each Passenger if Alaska proves that: (i) such damage was not due to the negligence or other wrongful act or omission of Alaska or its contractors or agents; or (ii) such damage was solely due to the negligence or other wrongful act or omission of a third party.
(c) Alaska reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever applies, to such claims, including, but not limited to, the exoneration defense of Article 20 of the Montreal Convention and Article 21 of the Warsaw Convention, except that Alaska shall not invoke Articles 20 and 22(l) of the Warsaw Convention in a manner inconsistent with paragraph 1 hereof.
(d) With respect to third parties, Alaska reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.
(e) Alaska agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws of the domicile or permanent residence of the Passenger.
- In cases of bodily injury or death, Alaska shall make an advance payment where Alaska determines it is necessary to meet the immediate economic needs of, and hardship suffered by, a Passenger as provided in the following paragraphs:
(a) Unless a dispute arises over the identity of the person to whom an advance payment shall be made, Alaska shall, without delay, make the advance payment to the Passenger in an amount or amounts determined by Alaska in its sole discretion. In the event of death of a Passenger, the amount of the advance payment shall not be less than 16,000 SDRs, which shall be paid to a representative of the Passenger's next of kin eligible to receive such advance payment as determined by Alaska in its sole discretion.
(b) Alaska shall make the advance payment as an advance against Alaska's liability under the Montreal Convention or the Warsaw Convention, whichever may apply. An advance payment shall not constitute recognition of liability. An advance payment shall be offset against, or deducted from the payment of, any settlement or judgment with respect to any claim for compensation on behalf of the Passenger.
(c) Alaska, in making an advance payment, does not waive any rights, defenses, or limitations available under the Montreal Convention or the Warsaw Convention, whichever may apply, to any claim, nor shall acceptance of an advance payment constitute a release of any claim, whatsoever, by any person.
(d) Alaska, in making an advance payment, preserves its right to seek contribution or indemnity from any other person for such payment, which shall not be deemed to be a voluntary contribution or contractual payment on the part of Alaska.
(e) Alaska may recover an advance payment from any person where it is proven that Alaska is not liable for any damage sustained by the Passenger, or where it is proven that the person was not entitled to receive the payment, or where and to the extent that it is proven that the person who received the advance payment caused, or contributed to, the damage.
- Alaska shall not be liable for damage occasioned by the delay in the Carriage of Passengers by air, as provided in the following paragraphs:
- Alaska shall not be liable if it proves that it and its contractors and agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for it or them to take such measures.
- Airport, air traffic control, security, and other facilities or personnel, whether public or private, not under the control and direction of Alaska are not contractors or agents of Alaska, and Alaska is not liable to the extent the delay is caused by these kinds of facilities or personnel and Alaska took all reasonable measures to avoid the delay.
- Damages occasioned by delay are subject to the terms, limitations and defenses set forth in the Warsaw Convention and the Montreal Convention, whichever may apply, in addition to any limitation or defense recognized by a court with proper jurisdiction over a claim.
- Alaska reserves all defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to claims for damage occasioned by delay, including, but not limited to, the exoneration defense of Article 20 of the Montreal Convention and Article 21 of the Warsaw Convention. Under the Montreal Convention, the liability of Alaska for damage caused by delay is limited to 5,346 SDRs per Passenger. The limits of liability shall not apply in cases described in Article 22 (5) of the Montreal Convention or Article 25 of the Warsaw Convention, whichever may apply.
- Time Limitations on Claims and Actions
- For Baggage claims, see Rule 15.O.
- Any right to damages against Alaska shall be extinguished unless an action is brought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the Carriage stopped. No claims for overcharge shall be valid and no action shall be maintained thereon more than one (1) year after date of sale of the Ticket.
Liability for Carriage Not Governed by the Montreal Convention or Warsaw Convention
For purposes of all other Carriage not governed by the Montreal Convention, Warsaw Convention or other applicable international law, the following liability limitations and other exclusions apply:
(a) Alaska shall not be liable for any death, injury, delay, loss or other damage of whatsoever nature (hereafter referred to collectively as "damage") arising out of or in connection with Carriage or other services performed by Alaska, unless such damage is proven to have been caused by the sole negligence or willful misconduct of Alaska and there has been no contributory negligence on the part of the Passenger.
(b) Alaska shall not be liable for any damage arising out of Alaska's compliance with any laws, government regulations, orders, rules, requirements or security directives or as a result of a Passenger's failure to comply with such laws, government regulations, orders, rules, requirements or security directives or as a result of Passenger's reliance on advice provided by Alaska regarding such laws, regulations, orders, rules, requirements or security directives.
(c) Alaska shall not be liable for any punitive, consequential or special damages arising out of or in connection with Carriage or other services performed by Alaska, whether or not Alaska had knowledge that such damage might be incurred.
(d) Any limitations or exclusions of liability of Alaska shall apply to and be for the benefit of Alaska's agents, employees, contractors and representatives acting within the scope of their employment and also to any person whose aircraft is used by Alaska and its agents, employees or representatives acting within the scope of their employment.
(e) Nothing herein shall be deemed to affect the rights and liability of Alaska with regard to any claims brought by, on behalf of, or in respect to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger.
- Overriding Law: In so far as any provision contained or referred to in the Ticket or in this Contract of Carriage may be contrary to a law, international treaty, government regulation, order or requirement which severally cannot be waived by agreement of the parties, such provisions shall remain applicable and be considered as part of the Contract of Carriage to the extent only that such provision is not contrary thereto. The invalidity of any provision shall not affect any other part.
- Modification and Waiver: No agent, contractor, or representative of Alaska has authority to alter, modify, or waive any provisions of this Contract of Carriage.
- Alaska's liability for damage, if any, shall be limited to damage occurring on its own flights.
- Alaska's shall not be liable for the death or injury of a Passenger not occurring on its own operated flights.