Alaska Airlines, Inc. Contract of Carriage

Revised September 3, 2019


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"), Peninsula Aviation Services, Inc. ("PenAir"), 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 8. Liability for Delays, Cancellations, and Denied Boarding

  1. Liability of Carrier: Except to the extent provided in Paragraph D of this Rule, Alaska shall not 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. This exclusion from liability includes actual and Consequential Damages.
  2. Options of Passengers: The provisions of this Rule apply only to Passengers who have a valid Ticket reflecting a confirmed reservation on a flight affected by a Schedule Irregularity.
  3. Carrier Options for Schedule Irregularity. In the event Alaska cancels or fails to operate any flight according to Alaska's published schedule, or changes the schedule of any flight, Alaska will, at the request of a Passenger with a confirmed reservation and Ticket for such flight, take one of the following actions:
    1. For Local Passengers:
      1. Transport Passenger to his/her destination or next ticketed Stopover point on another Alaska flight on which space is available in the same or higher class of service than reflected on the Passenger's Ticket at no additional charge; or
      2. If acceptable to the Passenger, provide transportation to his/her destination or next ticketed Stopover point on another Carrier's flight in the same or higher class of service than reflected on the Passenger's Ticket at no additional charge; or
      3. Refund the unused portion of the Passenger's Ticket in accordance with Rule 17 (Involuntary Refunds).
    2. For Transit Passengers Connecting From an Alaska Flight:
      1. Transport Passenger to his/her destination or next ticketed Stopover point on another Alaska flight on which space is available in the same or higher class of service than reflected on the Passenger's Ticket at no additional charge; or
      2. If acceptable to the Passenger, provide transportation to his/her destination or next ticketed Stopover point on another Carrier's flight in the same or higher class of service than reflected on the Passenger Ticket at no additional charge; or
      3. If on the outbound leg, return Passenger to city of origin and refund the entire Ticket in the original form of payment. If on the return leg, refund unused portions of the Ticket in accordance with Rule 17.
    3. For Transit Passengers Connecting from Another Carrier's Flight:
      1. Transport Passenger to his/her destination or next ticketed Stopover point on another Alaska flight on which space is available in the same or higher class of service than reflected on the Passenger's Ticket at no additional charge; or
      2. If acceptable to the Passenger, provide transportation to his/her destination or next ticketed Stopover point on another Carrier's flight in the same or higher class of service than reflected on the Passenger Ticket at no additional charge; or
      3. If on the outbound leg, return Passenger to city of origin and refund the entire Ticket in the original form of payment. If on the return leg, refund unused portions of the Ticket in accordance with Rule 17.
    4. Alaska may, at its option and if acceptable to the Passenger, transport a Passenger affected by a Schedule Irregularity to his/her destination or next ticketed Stopover (or its co-terminal point specified in Rule 17) via surface transportation, or a combination of surface transportation, Alaska flights and other Carriers' flights, at no additional charge.
    5. Except to the extent provided in this Rule and subject to the Warsaw Convention and/or Montreal Convention, where applicable, Alaska shall not be liable for any Schedule Irregularity.
  4. Change in Schedule: Flight schedules are subject to change without notice, and the times shown on Alaska's published schedules, Tickets, timetable and advertising are not guaranteed and form no part of this Contract of Carriage. At times, without prior notice to Passengers, Alaska may need to substitute other aircraft and may change, add, or omit intermediate stops. Alaska cannot guarantee that Passengers will make Connections to other flights by Alaska or by other Carriers. In the event of flight Schedule Changes or service withdrawals, Alaska will attempt to notify affected Passengers as early as possible. Alaska will promptly provide Passengers the best available information regarding known delays, cancellations, misconnections and diversions, but Alaska is not liable for any misstatements or other errors or omissions in connection with providing such information. No employee, agent or representative of Alaska can bind Alaska legally by reason of any statements relating to flight status or other information. When a ticketed, confirmed Passenger will be delayed because of a change in Alaska's schedule as defined in Rule 1 (Schedule Change), Alaska will arrange to:
    1. Transport the Passenger to his/her destination or next ticketed Stopover point on another Alaska flight on which space is available in the same or higher class of service than reflected on the Passenger's Ticket at no additional charge; or
    2. Refund according to Rule 17. Exception 1: When an Alaska Schedule Change results in the cancellation of all Alaska service between two cities, Alaska will reroute Passengers holding confirmed reservations on Alaska between such cities over the lines of one or more other Carriers at no additional cost to the Passenger. Exception 2: Change in schedule does not include Force Majeure Events.
  5. Passengers Rerouted by Other Carriers: When Passengers are involuntarily rerouted on Alaska by other Carriers, Alaska will have no obligation to accept another Carrier's Ticket which does not reflect a confirmed reservation on Alaska, unless the issuing Carrier reissues the Ticket for any changes in routing. In the event such Carrier is not available to do so, Alaska reserves the right to reroute the Passenger only over its own lines between the points named on the original Ticket. Note: Notwithstanding the provisions of this paragraph, Alaska will not accept Tickets issued on the Ticket stock of a Carrier that voluntarily or involuntarily has become the subject of bankruptcy proceedings or that is in substantial default of its Interline obligations (hereinafter, a "Defaulting Carrier"), except under the following condition: Tickets issued or revalidated on the Defaulting Carrier's stock prior to the date of filing of the bankruptcy petition or the date of default will be accepted over the Segments where Alaska is shown as the Carrier, on a space-available basis.
  6. Amenities/Services for Delayed Passengers: Alaska will furnish amenities to Passengers holding reservations on a flight which is delayed more than three (3) hours, or canceled. The type of amenities given will be dependent upon the length of delay and shall not exceed a period of twenty-four (24) hours from the time of occurrence. Exception: Alaska cannot provide the amenities outlined in this section if air traffic control, a weather situation, or another extraordinary circumstance beyond Alaska's control occurs at any city within the affected Passenger's intended flight routing. Alaska will attempt to advise the affected Passenger of weather problems before departure, but advises Passengers to check weather conditions along their route and plan accordingly.
    1. More Than Three (3) Hours: If Alaska has caused the Passenger's flight to be delayed more than three (3) hours, Alaska's airport customer service agent will provide the Passenger with instructions to ensure that Alaska's customer care team can promptly contact the Passenger via email or letter with an apology and relevant discount off a future Alaska Airlines flight.
    2. Canceled: If the Passenger's flight is canceled, and the city where the cancellation occurs is 100 miles away from the Passenger's home, hotel accommodations may be provided. Accommodations include single or family rooms and round-trip ground transportation to an airport area hotel if such ground transportation is not furnished by the hotel. Alaska will provide at its option either one night's hotel accommodations, or, if no hotel accommodations are provided and upon the Passenger's request only, reimbursement for one night's hotel accommodations in the form of an electronic travel certificate that may be applied to future travel on Alaska up to a maximum amount determined by Alaska. Such accommodations will only be provided when a Passenger incurs a delay that is expected to exceed four hours between the hours of 10:00 p.m. to 6:00 a.m. local time. Where hotel accommodations have been offered but not accepted by a Passenger for whatever reason, Alaska is not liable to reimburse the Passenger for expenses relating to alternative hotel accommodations secured independently by the Passenger. Hotel accommodations will not be furnished to a Passenger whose trip is interrupted at a city which is his/her permanent domicile, origin point, or Stopover point or when such cancellation is due to circumstances outside Alaska's control, including due to Force Majeure Events. Alaska will provide ground transportation to the place of lodging via public conveyance if such ground transportation is not furnished by the hotel. Where ground transportation has been offered but not accepted by a Passenger for whatever reason, Alaska is not liable to reimburse the Passenger for expenses relating to alternative ground transportation secured by the Passenger.
    3. The sole and exclusive remedies for a Passenger who has a claim under this Rule shall be those expressly provided for in this Contract of Carriage. The Passenger shall have no other claim against Alaska under law or equity for actual, compensatory, or punitive damages.
  7. Notwithstanding the provisions of this Rule, Alaska will not be obligated to 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 that voluntarily or involuntarily has become the subject of bankruptcy proceedings (defined as (a "Defaulting Carrier"), except that Tickets issued by the Defaulting Carrier or its sales agent prior to the default will be accepted solely for transportation on Alaska, provided such Tickets were issued by the Defaulting Carrier in its capacity as Alaska's agent and specified transportation via Alaska. When Tickets are accepted, no adjustments in fare will be made which would require Alaska to refund money to the Passenger. Alaska will accept revenue Passengers of a Defaulting Carrier under the following conditions:
    1. Acceptance for transportation will be on Alaska's route system only, between the points named in a given flight coupon of the Defaulting Carrier.
    2. Transportation will be on a standby basis only and subject to the accommodation of all ticketed Passengers whether or not they hold confirmed reserved space.
    3. Travel restrictions applicable to the traffic documents of the Defaulting Carrier shall apply.
    4. Traffic documents of the Defaulting Carrier will be honored no later than twelve (12) months from the date validated.
    5. No traffic document, or portion thereof, of the Defaulting Carrier will be refunded under any circumstance.
  8. In the event of a strike or work stoppage that causes any cancellation or suspension of operations of any other Carrier, the provisions of this Rule will not apply with respect to Passengers holding Tickets for transportation on that Carrier.

    Alaska may, in the event of a Force Majeure Event, without notice cancel, terminate, divert, postpone, or delay any flight or the right of Carriage or reservation (whether or not confirmed) and determine if any departure or landing should be made, without any liability on the part of Alaska except to refund any unused portion of the Ticket in the original form of payment in accordance with involuntary refund rules.

  9. Limitation of Liability. Except to the extent provided above in this Rule 8, Alaska shall not be liable for any failure or delay in operating any flight, with or without notice, for reasons of safety or when advisable, in its sole discretion, due to Force Majeure Events or any event not reasonably foreseen, anticipated or predicted by Alaska.
  10. The provision of services in addition to those specifically set forth in this Rule to all or some Passengers shall not be construed as a waiver of Alaska's rights or an expansion of its obligations. Neither shall any delay on the part of Alaska in exercising or enforcing its rights under this Rule be construed as a waiver of such rights.
  11. Rerouting Changes Requested by Passenger. For the terms and conditions applicable to rerouting changes requested by a Passenger, including those requested due to delays or cancellations, see Rule 6.
  12. Denied Boarding Compensation
    1. If Alaska is unable to provide previously confirmed space due to more Passengers holding confirmed reservations and Tickets than there are available seats on a flight, some Passengers may be denied boarding on Alaska's flights and may be entitled to compensation. This Rule explains Alaska's obligations and the Passenger's rights in the case of an Oversold Flight in accordance with regulations of the U.S. Department of Transportation ("DOT"). Alaska will take the actions specified in the provisions of this Rule.
    2. Voluntary Denied Boarding and Request for Volunteers. If a flight is oversold (more Passengers hold confirmed reservations than there are seats available), no Passenger may be denied boarding against his or her will until Alaska's personnel first ask for volunteers who are willing to relinquish their confirmed reserved space voluntarily in exchange for compensation in an amount determined by Alaska (including, but not limited to, a check or an electronic travel certificate). The travel certificate will be valid only for Carriage on Alaska or one of our regional partners for one year from the date of issue and will have no refund value. If a Passenger is asked to volunteer, Alaska will not later deny boarding to that Passenger involuntarily unless the Passenger was informed at the time he/she was asked to volunteer that there was a possibility of being denied boarding involuntarily and of the amount of compensation to which he/she would have been entitled in that event. The request for volunteers and the selection of such persons to be denied space shall be in a manner determined solely by Alaska.
    3. Boarding 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 Alaska personnel first ask for volunteers who will give up their reservations willingly, in exchange for a payment of Alaska's choosing. If there are not enough Passengers who volunteer to relinquish their confirmed reserved space, Alaska may deny boarding to other Passengers involuntarily in accordance with Alaska's boarding priorities. Passengers will be boarded in the following order until all available seats are occupied: (1) All Passengers holding confirmed seat assignments will be boarded; and (2) Passengers who are not holding confirmed seat assignments will be boarded in order of the time they check in (Note: Alaska's reservations system records the time of check-in when seat requests cannot be immediately accommodated). Possible exceptions may be made in the case of Unaccompanied Minors, Qualified Individuals with a Disability, or any other Passenger, who in Alaska's opinion, may suffer severe hardship. Business commitments will not, of themselves, constitute a severe hardship. Accompanied children under 12 years of age will be included in the same category as their accompanying Adult Passenger.
    4. Transportation for Passengers Denied Boarding: Alaska will transport Passengers denied boarding, whether voluntarily or involuntarily, without Stopover on its next flight on which space is available at no additional cost to the Passenger regardless of class of service, and if unable to provide onward transportation acceptable to the Passenger, at Alaska's sole discretion and the request of the Passenger, will transport the Passenger by other Carrier or combination of Carriers without Stopover on its (their) next flight(s) in the same class of service as the Passenger's original outbound flight(s), 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.
    5. Compensation for Involuntary Denied Boarding Due to an Oversale: In addition to providing transportation as described in Paragraph 4 above, Passengers involuntarily denied boarding will be compensated for Alaska's failure to provide confirmed space in accordance with the provisions below.
    6. In order to receive denied boarding compensation, the Passenger holding a Ticket for confirmed reserved space must have presented himself/herself for Carriage in accordance with this Contract of Carriage, and must have complied fully with Alaska's requirements as to ticketing, check-in, and boarding requirements within the time limits and at the location set out in Rule 15.C. In addition, the flight for which the Passenger holds confirmed reserved space must be unable to accommodate the Passenger and departs without him/her, except that the Passenger will not be eligible for compensation if: (i) the flight on which he/she holds confirmed reserved space is cancelled or is unable to accommodate him/her because of government requisition of space, operational or safety reasons, or substitution of aircraft type of lesser capacity and Alaska took all reasonable measures to avoid the substitution or it was impossible to take such measures; (ii) on a flight operated with an aircraft having 60 or fewer seats, the Passenger is denied boarding due to a safety-related weight/balance restriction that limits payload; (iii) the Passenger is offered accommodations in a section of the aircraft other than specified in their Ticket, at no extra charge (a Passenger seated in a section for which a lower fare is charged must be given an appropriate refund); (iv) Alaska is able to place the Passenger on another flight or flights that are planned to reach the Passenger's next Stopover or final destination within one hour of the planned arrival time of their original flight; or (v) the Passenger is an employee of Alaska or of another Carrier or other Passenger traveling without a confirmed reserved space. Note: Failure to comply with Alaska check-in time limits will result in the cancellation of the Passenger's reservation and will render him/her ineligible for denied boarding compensation.
    7. Amount of Denied Boarding Compensation
       

      Domestic Transportation: Passengers traveling between points within the United States (including U.S. Territories and possessions), subject to the exceptions noted in section L.6 of this Rule, who are denied boarding involuntarily from an Oversold Flight are entitled to:

      1. No compensation if Alaska offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the Passenger's destination or first Stopover not later than one (1) hour after the planned arrival time of the Passenger's original flight; or
      2. 200% of the fare to the Passenger's destination or first Stopover, with a maximum of $675, if Alaska offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the Passenger's destination or first Stopover more than one (1) hour but less than two (2) hours after the planned arrival time of the Passenger's original flight; or
      3. 400% of the fare to the Passenger's destination or first Stopover, with a maximum of $1,350, if Alaska does not offer alternate transportation that, at the time the arrangement is made, is planned to arrive at the airport of the Passenger's destination or first Stopover more than two (2) hours after the planned arrival time of the Passenger's original flight.

      Length of Delay

      Compensation Due

      0 to 1 hour arrival delay

      No Compensation

      1 to 2 hour arrival delay

      200% of One-Way fare (no more than $675)

      Over 2 hours arrival delay

      400% of One-Way fare (no more than $1350)

       

      International Transportation: Passengers traveling from the United States to a foreign point, subject to the exceptions noted in section L.6 of this Rule, who are denied boarding involuntarily from an Oversold Flight originating at a U.S. airport are entitled to:

      1. No compensation if Alaska offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the Passenger's destination or first Stopover not later than one (1) hour after the planned arrival time of the Passenger's original flight; or
      2. 200% of the fare to the Passenger's destination or first Stopover, with a maximum of $675, if Alaska offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the Passenger's destination or first Stopover more than one (1) hour but less than four (4) hours after the planned arrival time of the Passenger's original flight; or
      3. 400% of the fare to the Passenger's destination or first Stopover, with a maximum of $1,350, if Alaska does not offer alternate transportation that, at the time the arrangement is made, is planned to arrive at the airport of the Passenger's destination or first Stopover more than four (4) hours after the planned arrival time of the Passenger's original flight.

      Length of Delay

      Compensation Due

      0 to 1 hour arrival delay

      No Compensation

      1 to 4 hour arrival delay

      200% of One-Way fare (no more than $675)

      Over 4 hours arrival delay

      400% of One-Way fare (no more than $1350)

       

      Transportation Originating in Canada: Passengers traveling from Canada to a foreign point, including to the United States, subject to the exceptions noted in section L.6 of this Rule, who are denied boarding involuntarily from an Oversold Flight originating at a Canadian airport are entitled to:

      1. No compensation if Alaska offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the Passenger's destination or first Stopover not later than one (1) hour after the planned arrival time of the Passenger's original flight; or
      2. A maximum payment of $400 CAD if Alaska offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the Passenger's destination or first Stopover more than one (1) hour but less than four (4) hours after the planned arrival time of the Passenger's original flight; or
      3. A maximum payment of $800 CAD if Alaska offers alternate transportation that, at the time the arrangement is made, is planned to arrive at the Passenger's destination or first Stopover more than four (4) hours after the planned arrival time of the Passenger's original flight.
       

      Transportation Originating from Points Outside the U.S.A. or Canada: Where there is an Oversold Flight that originates outside the U.S.A. or Canada, no compensation will be provided except where required by local or international laws regulating Oversold Flights.

  • If an offer of compensation is made by Alaska and accepted by the Passenger, such payment will constitute full compensation for all actual or anticipatory damages incurred or to be incurred as a result of the failure to provide confirmed reserved space. Passengers who are offered such compensation will not be provided with amenities and services offered under the provisions of Rule 8.
  • Method of Payment. Except as provided below, Alaska will give each Passenger who qualifies for involuntary denied boarding compensation, except for those traveling from Canada, a payment by cash or check for the amount specified above, on the day and at the place the involuntary denied boarding occurs. However, if Alaska arranges alternate transportation for the Passenger's convenience that departs before the payment can be made, the payment shall be sent by mail or other means to the Passenger within 24 hours after the time the denied boarding occurs. Alaska may offer free or discounted air transportation in place of the cash payment due under this Rule, if the value of the air transportation offered is equal to or greater than the monetary compensation otherwise due and Alaska informs the Passenger of the amount and that the Passenger may decline the transportation benefit and receive monetary compensation. In that event, Alaska must disclose all material restrictions on the use of the free or discounted transportation before the Passenger decides whether to accept the transportation in lieu of a cash or check payment. The Passenger may insist on the cash/check payment or refuse all compensation and bring private legal action.
  • Limitation of Liability for Denied Boarding. Acceptance of the compensation by the Passenger pursuant to the above provisions in this Rule constitutes full compensation for all actual or anticipatory damages incurred or to be incurred by the Passenger as a result of Alaska's failure to provide the Passenger with confirmed reserved space and relieves Alaska from any further liability to the Passenger caused by Alaska's failure to honor the confirmed reservation. If Alaska's offer of compensation pursuant to the above provisions is not accepted, Alaska's liability is limited to actual damages proved not to exceed $1350 USD per ticketed Passenger as a result of Alaska's failure to provide the Passenger with confirmed reserved space. Passenger will be responsible for providing documentation of all actual damages claimed. Alaska shall not be liable for any punitive, consequential or special damages arising out of or in connection with Alaska's failure to provide the Passenger with confirmed reserved space. However, the Passenger may decline the payment and seek to recover damages in a court of law or in some other manner.