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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
ANGELA DUSKO, on behalf of herself and Case No. ______all others similarly situated,
Plaintiff, COMPLAINT – CLASS ACTION v. JURY TRIAL DEMANDED
DELTA AIR LINES, INC.,
Defendant.
COMPLAINT – CLASS ACTION
Plaintiff Angela Dusko (“Ms. Dusko” or “Plaintiff”), on behalf of herself and
all others similarly situated, by and through undersigned counsel, files this Class
Action Complaint against Defendant Delta Air Lines, Inc., (“Delta” or “Defendant”),
and alleges the following:
INTRODUCTION AND FACTUAL BACKGROUND
1. Delta is one of the world’s largest airlines. In 2019, it was the largest
passenger air carrier in the world based on total revenue.
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2. Delta typically operates over 5,400 daily flights and serves 325 destinations in over fifty countries. But this year, Delta has responded to a sudden drop in demand for passenger air travel by canceling scores of scheduled flights.
3. Under the terms of Delta’s uniform contracts with its customers, when the airline cancels a flight, the airline must either re-accommodate passengers on the next available flight or refund the passengers. Delta has breached its contracts with thousands of paying customers by offering credits for future travel on the airline instead of providing refunds for flights canceled by the airline.
Declining Demand in Light of Novel Coronavirus Severely Impacts Delta’s Operation
4. On December 31, 2019, governmental entities in Wuhan, China confirmed that health authorities were treating dozens of cases of a mysterious, pneumonia-like illness. Days later, researchers in China identified a new virus that had infected dozens of people in Asia, subsequently identified and referred to as the novel coronavirus, or SARS-CoV-2. The illness caused by the virus has been termed
COVID-19. By January 21, 2020, officials in the United States were confirming the first known domestic cases of COVID-19.
5. Due to an influx of thousands of new cases in China, on January 30,
2020, the World Health Organization officially declared COVID-19 as a “public
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health emergency of international concern.”
6. On March 11, 2020, the World Health Organization declared COVID-
19 a pandemic.
7. In efforts to curb the spread of the virus, federal, state and local governments have implemented temporary travel restrictions and guidelines advising against essential travel. In the United States, the federal government has limited travel from China, Europe, and the United Kingdom, permitting only the return of U.S. citizens and permanent residents. The Department of State also advised on March 19,
2020, that U.S. citizens should temporarily avoid all international travel—including to Mexico, one of the most popular international destinations for American tourists— with the exception that U.S. residents abroad should arrange for immediate return to the United States where possible.
8. State and local governments have also restricted local travel. On March
16, 2020, seven counties in the San Francisco, California area announced shelter-in- place orders to reduce local traffic to activities necessary to perform “essential” activities. Other states, counties, and municipalities have since implemented similar shelter-in-place orders, and as of the drafting of this Class Action Complaint, at least
316 million people in at least 42 states, three counties, nine cities, the District of
Columbia, and Puerto Rico are living under such orders or advisories.
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9. In addition to health and safety concerns, people across the country are facing increasing economic stress due to the novel coronavirus, including unemployment levels not seen since the Great Depression.
10. As the travel limitations, virus fears, and economic uncertainties mounted, consumer demand for air travel, particularly leisure and non-essential business travel, quickly declined. In response to this declining demand, Delta has canceled many flights to avoid flying planes with too many empty seats to be profitable.
11. The main way that airlines like Delta determine operational capacity
(i.e., how many flights it markets and flies) is by looking at passenger “load factors” on each route. Load factors measure the percentage of seats filled by paying passengers on an aircraft (or a set of aircraft) scheduled to depart.1 Load factors can be determined for an overall schedule (all flights to all destinations), for particular routes (all flights between two airports), or for particular flight service (a specific scheduled flight with its own flight number). If load factors fall too low, airlines will determine that operating flight service as scheduled would not be profitable (or otherwise economically desirable) and will then typically modify the schedule—
1 See Load Factor, DELTA NEWS HUB (last visited April 16, 2020), https://news.delta.com/load-factor.
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including by canceling previously scheduled flights.
12. Delta’s overall load factor is typically around 85 to 86%. But with declining customer demand in light of COVID-19, the airline has seen significant drops in its load factors. It has canceled thousands of flights in response.
13. On March 13, 2020, for example, Delta announced to its crewmembers that it would reduce spending and costs given the rapidly declining demand for air travel.2 A major component of Delta’s plan to reduce spending was to cut at least
40% of scheduled flights for several months, including nearly all scheduled flights to
Europe.3
14. On March 18, 2020, Delta’s CEO, Ed Bastian, wrote an update to crewmembers and the public regarding steps the airline was taking in light of
COVID-19.4 Mr. Bastian highlighted that because “demand for travel has dropped significantly,” Delta was cutting scheduled flights by 70% “until demand starts to recover.”5
2 CEO Ed Bastian: Delta takes further steps to protect our customers, employees and business, DELTA NEWS HUB (Mar. 13, 2020), https://news.delta.com/ceo-ed- bastian-delta-takes-further-steps-protect-our-customers-employees-and-business. 3 Id. 4 Ed Bastian, Ed Bastian memo: Delta taking additional steps to protect future, DELTA NEWS HUB (Mar. 18, 2020), https://news.delta.com/ed-bastian-memo-delta- taking-additional-steps-protect-our-future. 5 Id.
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15. By April 14, 2020, Delta had made further flight cuts, reducing its service by 80%.6
16. Delta needs to carefully plan flight routes and schedules to ensure that aircraft are available for scheduled departures from various airports within the airline’s large network. Large scale cancellations, such as those made by Delta in light of declining demand related to COVID-19, must therefore be carefully planned well in advance of the scheduled flights.
17. Despite its self-imposed obligations to notify passengers of cancellations and other flight schedule changes within 30 minutes of becoming aware of such changes,7 Delta has been withholding cancellation notifications from customers for weeks after canceling the customers’ flights. Delta is often waiting until a day or two before a canceled flight to notify customers that the airline has canceled the flight.
Delta Offers Customers Credit Where Refunds Are Due
18. When Delta cancels a flight, its uniform contracts with its passengers require the airline to either (1) rebook passengers on the next available flight to their
6 Ed Bastian, Ed Bastian memo: Protecting our future, DELTA NEWS HUB (April 14, 2020), https://news.delta.com/ed-bastian-memo-protecting-our-future. 7 See Delta Air Lines, Customer Commitment, § 2 (last updated April 17, 2020), https://www.delta.com/us/en/legal/customer-commitment.
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destination; or (2) provide a full refund. The contract terms governing cancellations by the airline do not give Delta the option of providing customers with a “credit” for future travel on the airline instead of a refund.
19. Nevertheless, after canceling as many as 80% of its scheduled flights,
Delta has offered many of its canceled passengers only two options: (1) rebook your flight to a route that the airline has not canceled, or (2) obtain travel credit.
20. Contrary to the terms of its contracts with its passengers, Delta’s online
Coronavirus Travel FAQs state: “In keeping with our longstanding policy, if Delta cancels or significantly delays a flight, you will first be rebooked on an alternate flight. If you choose to cancel your reservation, or if Delta cannot find an alternate flight and cancels the reservation for you, you will be issued an eCredit for the value of the ticket, which can be used toward future travel through May 31, 2022.”8 This announced policy is contrary to its contractual obligations, which require the airline to simply offer either (i) rebooking on the next available flight or (ii) a refund. Delta’s contracts with its passengers make no mention of the possibility of a Delta credit for future travel, and such an offer is inconsistent with the promises Delta made to its
8 Delta Air Lines, “Can I request a refund if my flight has been canceled or significantly delayed?”, CORONAVIRUS TRAVEL UPDATES (last visited April 16, 2020), https://www.delta.com/us/en/advisories/coronavirus-travel/overview, (emphasis added).
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customers.
21. Despite Delta’s suggestions in its public press releases and on its website that it is “[t]aking care of customers” by providing extended credits for canceled flights,9 it is actually breaching its contracts with its customers who are entitled to refunds. Instead of following the terms of its contracts, Delta is unilaterally pushing eCredits on customers, making it impossible for many customers to request refunds, and denying refunds when legitimate requests are made.
22. While Delta is focused on taking any and all “self-help measures” it can to preserve its own cashflow,10 customers who are owed refunds after the airline failed to transport them to their destinations are suffering financially.
23. Delta is placing its concern for its own financial stability ahead of the significant economic impacts its consumers are facing in this unprecedented economic downturn. In just over one month, over 22 million people in the United
9 Flexibility in times of change: Delta extends ability to rebook coronavirus- impacted travel for up to 2 years, Delta News Hub (April 3, 2020), https://news.delta.com/flexibility-times-change-delta-extends-ability-rebook- coronavirus-impacted-travel-2-years; Ed Bastian, Ed Bastian memo: Protecting our future, DELTA NEWS HUB (April 14, 2020), https://news.delta.com/ed-bastian- memo-protecting-our-future. 10 Ed Bastian, Ed Bastian memo: Delta taking additional steps to protect future, DELTA NEWS HUB (Mar. 18, 2020), https://news.delta.com/ed-bastian-memo-delta- taking-additional-steps-protect-our-future.
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States have applied for unemployment benefits, and the U.S. unemployment rate has climbed to over 20%—the worst it has been since the Great Depression. As many as one-third of the 40 million renters in the U.S. are unable to make their rent, and millions of people with home mortgages will likely face foreclosure. Meanwhile,
Delta is currently slated to receive an influx of $5.4 billion in government rescue funds, in the form of grants and loans that will likely be forgiven.11 These government bailout funds are tied to the airline’s commitment to provide a minimum level of service to airline customers, and yet, Delta is already failing to meet its commitments to existing customers who are owed refunds. Now more than ever, customers whose flights or reservations have been canceled by Delta need the prompt refunds to which they are entitled.
24. Since March 2020, Delta has made updates to its website to alert customers of its options to cancel and rebook their flights (i.e., highlighting the policies for cancellations by the customer and directing customers to streamlined procedures to make such cancellations). But, despite the thousands of flights canceled by the airline, Delta has failed to include in these website updates clear statements of the policies and procedures for cases where the airline has canceled a
11 Ed Bastian, Ed Bastian memo: Protecting our future, DELTA NEWS HUB (April 14, 2020), https://news.delta.com/ed-bastian-memo-protecting-our-future.
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customer’s flight. Delta has similarly failed to highlight and provide ample resources to allow canceled passengers to request or obtain the refunds they are owed under the contracts. And, when customers finally reach a webpage or customer service representative regarding their options, they are met with Delta’s misinformation about the refunds to which the customers are entitled.
25. In addition, even though Delta knows which flights it has decided to cancel days or weeks in advance of scheduled departures—Delta has failed to send prompt cancellation notifications to customers with reservations on the canceled flights.
26. As numerous customers complained about Delta and other airlines’ recent practice of refusing to refund consumers for flights canceled by the airlines, the DOT issued an Enforcement Notice Regarding Refunds by Carriers Given the
Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel
(“DOT Notice”). The DOT Notice provides that the airlines must refund tickets if they cancel flights due to the novel coronavirus:
The U.S. Department of Transportation’s Office of Aviation Enforcement and Proceedings (Aviation Enforcement Office), a unit within the Office of the General Counsel, is issuing this notice to remind the traveling public, and U.S. and foreign carriers, operating at least one aircraft having a seating capacity of 30 or more seats, that passengers should be refunded promptly when their scheduled flights are cancelled or significantly delayed. Airlines have long provided such
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refunds, including during periods when air travel has been disrupted on a large scale, such as the aftermath of the September 11, 2001 attacks, Hurricane Katrina, and presidentially declared natural disasters. Although the COVID-19 public health emergency has had an unprecedented impact on air travel, the airlines’ obligation to refund passengers for cancelled or significantly delayed flights remains unchanged.
The Department is receiving an increasing number of complaints and inquiries from ticketed passengers, including many with non- refundable tickets, who describe having been denied refunds for flights that were cancelled or significantly delayed. In many of these cases, the passengers stated that the carrier informed them that they would receive vouchers or credits for future travel. But many airlines are dramatically reducing their travel schedules in the wake of the COVID-19 public health emergency. As a result, passengers are left with cancelled or significantly delayed flights and vouchers and credits for future travel that are not readily usable.
Carriers have a longstanding obligation to provide a prompt refund to a ticketed passenger when the carrier cancels the passenger’s flight or makes a significant change in the flight schedule and the passenger chooses not to accept the alternative offered by the carrier. The longstanding obligation of carriers to provide refunds for flights that carriers cancel or significantly delay does not cease when the flight disruptions are outside of the carrier’s control (e.g., a result of government restrictions). The focus is not on whether the flight disruptions are within or outside the carrier’s control, but rather on the fact that the cancellation is through no fault of the passenger. Accordingly, the Department continues to view any contract of carriage provision or airline policy that purports to deny refunds to passengers when the carrier cancels a flight, makes a significant schedule change,
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or significantly delays a flight to be a violation of the carriers’ obligation that could subject the carrier to an enforcement action.12
(emphasis added).
27. Thus, Delta’s failure to provide prompt refunds for canceled flights violates not only its own contracts, but also federal law.
PARTIES, JURISDICTION, AND VENUE
28. Plaintiff Angela Dusko is a Montana Citizen who resides in Lewis and
Clark County, Montana.
29. Defendant Delta Air Lines, Inc. is a Delaware for-profit corporation with its principal place of business located at 1030 Delta Blvd., Atlanta, Georgia. It may be served via its registered agent, Corporate Service Company, whose address is 40 Technology Parkway South, Suite 300, Norcross, GA 30092, USA.
30. This Court has subject matter jurisdiction pursuant to the Class Action
Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1332(d). The amount in controversy exceeds the sum of $5,000,000 exclusive of interest and costs, there are more than
100 putative class members, and minimal diversity exists because many putative
12 U.S. Dep’t of Transportation, Enforcement Notice Regarding Refunds by Carriers given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel (Apr. 3, 2020), https://www.transportation.gov/sites/dot.gov/files/2020- 04/Enforcement%20Notice%20Final%20April%203%202020_0.pdf.
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class members are citizens of a different state than Defendant.
31. Venue is proper in this Court pursuant to 28 U.S.C. §1391, because
Delta maintains its principal place of business in this District. Delta operates its largest hub for domestic and international flights at Hartsfield-Jackson International
Airport, which is located in this District. In addition, a substantial part of the events giving rise to the claims asserted herein—including Delta’s decisions and actions relating to its new refund policy in light of COVID-19—occurred in this District.
GENERAL ALLEGATIONS
Delta’s Contracts
32. Delta’s Contract of Carriage applies to all tickets “for travel on Delta.”
One Contract of Carriage applies for international flights, see Delta International
Contract of Carriage, attached as Exhibit A, and another applies for domestic flights within the United States, see Delta Domestic Contract of Carriage, attached as Exhibit B. Delta drafted both the International and Domestic Contracts of Carriage (together, the “Contracts”). The terms of both Contracts, as relevant here, are materially the same.
33. In addition to applying to all flights operated by Delta, the Contracts also apply to flights operated by carriers operating under the name Delta Connection or Delta Shuttle, and to codeshare flights where Delta markets the flights of another
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carrier pursuant to a codeshare agreement. Ex. A, Rule 1(A); Ex. B, Rule 1(A).
34. Delta’s Contracts provide: “If there is a flight cancellation, diversion, delay of greater than 90 minutes, or that will cause a passenger to miss connections,
Delta will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with [the Contract’s Refunds Rule]. If the passenger does not request cancellation and refund of the remaining portion of the ticket, Delta will transport the passenger to the destination on Delta’s next flight on which seats are available in the class of service originally purchased.” Ex. A, Rule 20(A), Ex. B, Rule 19(A).
35. The Refunds Rule—Rule 23(A) of the International Contract and Rule
22(A) of the Domestic Contract—deals with “Involuntary Refunds,” and provides:
If a refund is required because of Delta’s failure to operate on schedule or refusal to transport (except as a result of passenger’s failure to comply with the contract of carriage), the following refund will be made directly to you: 1) If no portion of the ticket has been used, the refund will be an amount equal to the fare paid. 2) If a portion of the ticket has been used and termination (interruption) occurs: a) At A Fare Breakpoint - The refund will be an amount equal to the fare paid for the unused transportation from the point of termination (interruption) to the destination or next Stopover point named on the ticket, or to a point at which transportation is to be resumed. . . .”
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36. The Refunds Rule further provides that “Tickets paid by credit card will be refunded to the credit card account used to purchase the ticket, typically within seven business days of Delta’s initial receipt of refund request.” Ex. A, Rule
23(D)(1); Ex. B, Rule 22(D)(1). The Refunds Rule goes on to describe how tickets purchased by other methods will be refunded. Put simply, a refund, as described in the Contracts, is a refund to the original form of payment (or by check, in the case of a cash payment). Ex. A, Rule 23(D), Ex. B, Rule 22(D).
37. Delta’s Legal Notices section of its website explains that even in cases where a flight delay or cancellation is “due to circumstances beyond [Delta’s] control,” Delta’s liability to the customer under the Contracts is “to refund [the customer’s] ticket price.”13
38. Despite the clear terms of its Contracts, Delta has failed to provide customers with refunds for flights that the airline canceled and has instead attempted to force customers to accept credits instead of refunds, going so far as to deny explicit refund requests.
39. Delta is breaching the cancellation and refund provisions of its
Contracts on a widespread basis. The current posted policy regarding flight changes
13 Delta Air Lines, Legal Notices – Liability for Delay or Cancellation (last updated Jan. 1, 2020), https://www.delta.com/us/en/legal/notices/overview.
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and refunds on Delta’s website, for example, makes clear that Delta is failing to adhere to the terms of its Contracts as a policy. Specifically, Delta’s customer-facing refunds and cancellations page states: “If there is a flight cancellation or significant delay, you will be rebooked on an alternative flight or your ticket will be converted to an eCredit for future Delta travel. However, in some instances, you may be entitled to request a refund of any unused portion of your non-refundable ticket.”14
40. Passengers whose flights have been canceled or significantly delayed
(i.e., by more than 90 minutes), are entitled to refunds as a rule under the Contracts— not just “in some instances.” Further, none of the applicable terms of Delta’s
Contracts of Carriage makes any mention of providing the customer an “eCredit” for future travel in cases where Delta cancels a flight or otherwise fails to operate a scheduled flight. Rather, the Contracts clearly provide only for a prompt refund or reaccommodation on the next available flight to the customer’s destination. A credit or voucher for future travel on Delta is not a refund under the terms of the Contracts.
Delta Fails to Refund Ms. Dusko after Canceling Her Flight
41. On or about December 11, 2019, Plaintiff and her husband purchased four roundtrip tickets for Plaintiff and her family for travel from Helena, Montana,
14 Delta Air Lines, Change or Refund Flight (last visited April 16, 2020), https://www.delta.com/us/en/change-cancel/cancel-flight (emphasis added).
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to Cancun, Mexico, on March 27, 2020, and return travel on April 3, 2020. Plaintiff purchased the flights directly from Delta’s website and paid cash fares totaling
$2783.24, using a joint credit card she shares with her husband.
42. On March 25, 2020, Plaintiff received an email notification from Delta that her outbound flight to Cancun had been canceled by the airline. The email notification also stated that Delta was currently attempting to rebook Plaintiff and her family on another flight and would notify her again once a rebooking was completed. The email also provided a link to http://www.delta.com/rebook, to allow
Plaintiff to take “more immediate action” by selecting her own rebooking option.
Neither the flight cancellation email nor the links therein included any mention of
Plaintiff’s right to a refund under the Contract.
43. On March 26, 2020, Plaintiff received a second email from Delta that notified her that the airline had rebooked Plaintiff and her family onto a flight scheduled to depart on March 28, 2020— a day after her ticketed departure.
44. After receiving the cancellation and rebooking notifications, Plaintiff called Delta’s customer service hotline to inform Delta that she and her family did not want to be rebooked onto the March 28, 2020 flight and instead would like a full refund for all four round-trip tickets given the airline’s cancellation.
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45. Delta’s customer service representative denied Ms. Dusko’s request for a full refund. Delta customer service instead explained to Plaintiff that, if they chose not to take the rebooked flight on March 28, 2020, Plaintiff and her family were entitled only to flight vouchers for travel on Delta within a 12-month validity period, not a full refund.
46. In sum, despite the fact that Plaintiff and her family could not take the flight Plaintiff booked because Delta canceled it, Delta failed to provide a refund to
Plaintiff and, instead, only offered Plaintiff rebooking or a voucher for use on a future Delta flight.
CLASS ACTION ALLEGATIONS
47. Pursuant to N.D. Ga. LR 23.1(A)(2)(a) and (b), Plaintiff brings her claims as a class action under Fed. R. Civ. P. 23(a), (b)(1), (b)(2) and (b)(3), on behalf of herself and all others similarly situated. and Plaintiff seeks certification of the following nationwide Class:
All persons in the United States who purchased tickets for travel on a Delta Air Lines, Delta Connection, or Delta Shuttle flight scheduled to operate from March 1, 2020 through the date of a class certification order, whose flight(s) were canceled by the airline, and who were not provided a refund. (“Class” or “Proposed Class”).
48. Excluded from the Class are Defendant, any entity in which Defendant has a controlling interest, and Defendant’s officers, directors, legal representatives,
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successors, subsidiaries, and assigns. Also excluded from the Class are any judicial officer presiding over this matter, members of their immediate family, and members of their judicial staff, and any Judge sitting in the presiding court system who may hear an appeal of any judgment entered. Also excluded from the Class is any person who was reaccommodated and transported to their ticketed destination by Defendant or its agents on the next available flight and within a reasonable time of the original ticketed departure time.
49. Plaintiff reserves the right to amend or modify the Class definition with greater specificity or division after having had an opportunity to conduct discovery.
50. The Class meet the criteria for certification under Rule 23(a), (b)(1),
(b)(2), (b)(3) and (c)(4).
51. Risk of Inconsistent or Varying Adjudications. Fed. R. Civ. P.
23(b)(1). As the proposed class members include thousands of persons across all 50 states, there is significant risk of inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the Defendant. For example, declaratory relief may be entered in multiple cases, but the ordered relief may vary, causing Defendant to have to choose the court order with which they will comply.
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52. Numerosity. Fed. R. Civ. P. 23(a)(1). Consistent with Rule 23(a)(1), the members of the Class are so numerous and geographically dispersed that the joinder of all members is impractical. Under N.D.Ga. LR 23.1(A)(2)(b) the Plaintiff states that the exact number of class members is unknown to Plaintiff at this time but may be ascertained through Defendant’s records. Based on the large number of flights canceled by Defendant, and the credit-not-refund policies posted on
Defendant’s websites, the Class likely comprises tens of thousands if not hundreds of thousands of members geographically dispersed throughout the United States.
Affected consumers’ names and addresses are available from Defendant’s records, and class members may be notified of the pendency of this action by recognized, court-approved notice dissemination methods, which may include electronic mail,
U.S. Mail, internet notice, and/or published notice.
53. Predominance of Common Issues. Fed. R. Civ. P. 23(a)(2) and
(b)(3). Consistent with Rule 23(a)(2) and with 23(b)(3)’s commonality and predominance requirements, and pursuant to N.D.Ga. L.R. 23.1(A)(2)(d), Plaintiff states that this action involves common questions of law and fact that predominate over any questions affecting individual class members. Delta entered into uniform
Contracts of Carriage with customers, and Delta breached those contracts pursuant
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to uniform policies applicable to customers whose flights were canceled by the airline. Common questions of law and fact include:
a. Whether Defendant’s conduct breaches its Contracts of Carriage; b. Whether Defendant is required to give a refund, rather than credit on a future flight when they cancel a flight and cannot reaccommodate the passengers within a reasonable time of the original flight schedule; c. Whether Plaintiff and members of the Class are entitled to damages, costs, or attorneys’ fees from Defendant; and d. Whether Plaintiff and members of the Class are entitled to compensatory damages.
54. Typicality. Fed. R. Civ. P. 23(a)(3). Plaintiff’s claims are typical of other Class members’ claims because Plaintiff and members of the Class were subjected to the same unlawful conduct and damaged in the same way. Defendant’s conduct that gave rise to the claims of Plaintiff and other Class members (i.e., canceling flights without giving refunds in breach of Delta’s Contracts of Carriage, as applicable) is the same for all members of the Class.
55. Adequacy. Fed. R. Civ. P. 23(a)(4). Consistent with Rule 23(a)(4) and
N.D.Ga. LR 23.1(A)(2)(c), Plaintiff is an adequate representative of the Class because Plaintiff is a member of the Class and is committed to pursuing this matter against Defendant to obtain relief for the Class. Plaintiff has no conflicts of interest
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with the Class. Plaintiff’s counsel are competent and experienced in litigating class actions, including extensive experience in litigating consumer claims. Plaintiff intends to vigorously prosecute this case and will fairly and adequately protect the interests of the Class.
56. Superiority. Fed. R. Civ. P. 23(b)(3). Consistent with Rule 23(b)(3) and N.D.Ga. LR 23.1(A)(2)(e), a class action is superior to any other available means for the fair and efficient adjudication of this controversy, and no unusual difficulties are likely to be encountered in the management of this class action. The purpose of the class action mechanism is to permit litigation against wrongdoers even when damages to individual plaintiffs and class members may not be sufficient to justify individual litigation. Here, the damages suffered by Plaintiff and the Class members are relatively small compared to the burden and expense required to individually litigate their claims against Defendant, and thus, individual litigation to redress
Defendant’s wrongful conduct would be impracticable. Individual litigation by each
Class member would also strain the court system. Moreover, individual litigation creates the potential for inconsistent or contradictory judgments and increases the delay and expense to all parties and the court system. By contrast, the class action device presents far fewer management difficulties and provides the benefits of a
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single adjudication, economies of scale, and comprehensive supervision by a single court.
57. Declaratory Relief. Class certification is also appropriate under Rule
23(b)(2) and (c). Defendant, through its uniform conduct, acted or refused to act on grounds generally applicable to the Class as a whole, making injunctive and declaratory relief appropriate to the Class as a whole. Moreover, Defendant continues to offer credits instead of refunds to Plaintiff and Class members for flights that they cancel, thus making declaratory relief a live issue and appropriate to the
Class as a whole.
58. Pursuant to N.D.Ga. LR 23.1(A)(2)(f), Plaintiff alleges that, based on
Defendant’s cancellation of thousands of flights governed by standard contracts and
Defendant’s enactment and application of uniform policies to only offer credits where refunds are due, the total claims of individual Class Members in this action exceed $5,000,000.00 in the aggregate, exclusive of interest and costs.
COUNT I - BREACH OF CONTRACT (brought by Plaintiff on behalf of herself and the Proposed Class) 59. Plaintiff realleges and reincorporates the allegations in paragraphs 1 through 58 above as if fully set forth herein.
60. This claim for breach of contract damages or, in the alternative, specific performance of the contract’s refund terms, is based on Delta’s breaches of its
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uniform Contracts of Carriage (“Contracts”).
61. Plaintiff, along with all putative class members, entered into a Contract with Delta for the provision of air travel in exchange for payment. These Contracts were drafted by Delta.
62. Plaintiff, and all putative members of the Class performed under the
Contracts, specifically, by tendering payment for tickets on Delta flights or flights marketed by Delta and operated by its codeshare partners, and by complying with all conditions precedent under the Contracts.
63. Due to Delta’s cancellation of their flights, Plaintiff, and all putative class members cannot use their airline tickets through no fault of their own and they are not getting the benefit of their bargain with Delta.
64. Under the terms of the Contracts of Carriage drafted by Delta, Plaintiff and putative class members are entitled to refunds because Delta canceled their flights and did not reaccommodate the customers on the next available flight. Ex. A,
Rule 20(A), Ex. B, Rule 19(A). By failing to provide refunds, Delta has breached its
Contracts of Carriage.
65. Delta has further breached its Contracts of Carriage by attempting to force passengers into accepting travel credits rather than promptly providing refunds for canceled tickets to the original form of payment. Ex. A, Rule 23(D)(1); Ex. B,
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Rule 22(D)(1).
66. As a result of Delta’s breaches of contract, Plaintiff and the putative class members have incurred damages in an amount to be proven at trial.
COUNT II - BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING (brought by Plaintiff on behalf of herself and the Proposed Class) 67. Plaintiff realleges and reincorporates the allegations in paragraphs 1 through 66 above as if fully set forth herein.
68. Delta’s Contracts with its customers are subject to an implied covenant of good faith and fair dealing, which is implied in all contracts unless the parties contract out of the implied covenant by agreeing to other terms that disclaim, waive, or override the covenant. The parties to the Contracts had the ability to disclaim, waive, or override the covenant in the contracts, but they did not do so. The parties thus voluntarily entered into the Contracts, including the covenant of good faith and fair dealing implied therein.
69. Plaintiff and members of the Class have performed all conditions, covenants, and promises required to be performed on their part in accordance with the terms and conditions of the Contracts.
70. Under the implied covenant, Delta was obligated to act fairly and in good faith to perform the terms of the Contracts, including the terms requiring it to
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refund passengers whose flights were canceled by the airline and who were not reaccommodated by the airline on the next available flight. Delta was also obligated to interact with canceled passengers in accord with the covenant of good faith and fair dealing, meaning Delta would not do anything to unfairly interfere with the rights of Plaintiff and the Class to receive the benefits of the contract.
71. Delta’s acts described in this Complaint reflect a failure by Delta to perform the promises required by the Contracts in accord with the covenant of good faith and fair dealing. Although Delta has canceled thousands of flights, it has failed to provide the cooperation necessary to allow Plaintiff and members of the Class to perform under the contract’s flight cancellation and refund provisions, which provide that Plaintiff and the Class are entitled to refunds if they were not reaccommodated (to their satisfaction) and transported on the next available flight.
Instead, Delta has provided Plaintiff and Class members with unfair and inaccurate information regarding their refund options under the Contracts, including by withholding information from class members about known flight cancellations and by insisting that canceled customers are only entitled to vouchers or credits, not refunds.
72. In failing to perform under its contracts fairly or in good faith, Delta has breached the covenant of good faith and fair dealing.
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73. As a result of Delta’s failures to deal fairly or in good faith, Plaintiff and the putative class members have incurred damages in an amount to be proven at trial.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff, individually and on behalf of all putative Class members, respectfully requests that the Court enter judgment in their favor and against Defendant as follows:
A. For an Order determining at the earliest possible time that this matter may
proceed as a class action under Rule 23 and certifying this case as such;
B. For herself and each Class member their actual compensatory damages, or in
the alternative, for specific performance of the refund provisions of the
Contracts of Carriage;
C. For reasonable attorneys’ fees and costs of suit;
D. For pre-judgment interest; and
E. Such further and other relief the Court deems reasonable and just.
JURY DEMAND
Plaintiff, on behalf of herself and the Class of all others similarly situated, hereby demands a trial by jury on all issues so triable pursuant to Rule 38 of the Federal
Rules of Civil Procedure.
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Dated: April 22, 2020 Respectfully submitted, /s/Roy E. Barnes Roy E. Barnes Ga. Bar. No. 039000 J. Cameron Tribble Ga. Bar No. 754759 BARNES LAW GROUP, LLC 31 Atlanta Street Marietta, Georgia 30060 Telephone: (770) 227-6375 Facsimile: (770) 227-6373 Email: [email protected] [email protected]
Hassan A. Zavareei* TYCKO & ZAVAREEI LLP 1828 L Street NW, Suite 1000 Washington, D.C. 20036 Telephone: (202) 973-0900 Facsimile: (202) 973-0950 Email: [email protected]
V Chai Oliver Prentice* TYCKO & ZAVAREEI LLP 1970 Broadway, Suite 1000 Oakland, CA 94612 Telephone: (510) 250-3316 Facsimile: (202) 973-0950 Email: [email protected]
Jeff Ostrow* Jonathan M. Streisfeld* Joshua R. Levine* Daniel Tropin* KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
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1 West Las Olas Blvd. Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 Facsimile: (954) 525-4300 Email: [email protected] [email protected] [email protected]
Melissa S. Weiner* PEARSON, SIMON & WARSHAW, LLP 800 LaSalle Avenue, Suite 2150 Minneapolis, Minnesota 55402 Telephone: (612) 389-0600 Facsimile: (612) 389-0610 Email: [email protected]
Daniel L. Warshaw* PEARSON, SIMON & WARSHAW, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Telephone: (818) 788-8300 Facsimile: (818) 788-8104 Email: [email protected]
*pro hac vice application forthcoming
Counsel for Plaintiff and the Proposed Class
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DELTA INTERNATIONAL GENERAL RULES TARIFF Last Modified: December 15, 2019
RULE 1: General Provisions
A. Contract of Carriage When you buy a ticket for travel on Delta, you enter into a contract with us, and you agree to be bound by its terms. The terms of your contract are set forth in: x your Ticket; x these Conditions of Carriage; and x our published fare rules and regulations, which may govern the calculation of the fare and other charges that apply to your itinerary.
This document is Delta's International Conditions of Carriage. It applies to travel on any itinerary for International Travel and states the terms upon which Delta offers to transport passengers. Travel entirely within the United States of America is governed by Delta's Domestic General Rules Tariff. Travel between the United States and Canada is governed by our Canadian General Rules Tariff.
Any reference to “Delta” in this contract refers to Delta Air Lines, the Delta Shuttle, and the Delta Connection carriers. Some flights marketed by Delta may be operated by the other Carriers. If any Carrier other than Delta Air Lines is operating a flight, we will identify that Carrier in our schedules and in written or oral communications with you during the booking process. The terms of transportation applicable to Delta specified in these Conditions of Carriage also apply to flights operated by the Delta Connection and Delta Shuttle carriers, and to codeshare flights where Delta is the Marketing Carrier.
Delta may act as an agent to issue tickets, check baggage and book reservations for transportation via other Carriers which have interline agreements with Delta (where Delta is not the Marketing Carrier). For interline flights operated by other Operating Carriers, the conditions of carriage of the Operating Carrier will apply. Other Carriers may have different terms and conditions applicable to their flights, and these may be obtained directly from the other Carriers.
Some provisions of these Conditions of Carriage apply only to residents or passengers traveling to select countries or regions. All country- and region-specific rules and requirements are set forth in Rule 27 of these Conditions of Carriage.
B. Amendments to Conditions of Carriage
Delta may amend these Conditions of Carriage at any time, except as provided by law. Your travel is governed by the rules that were in effect on the date you purchased your ticket; provided, however, that Delta reserves the right to apply rules currently in effect on the date of your travel where reasonably necessary for operational reasons and where the change in rule does not have a material negative impact upon you. No Delta employee or ticketing agent has the authority to modify any provision of the Conditions of Carriage unless authorized in writing by a Delta corporate officer.
RULE 2: SCHEDULES AND OPERATIONS
Delta will exercise reasonable efforts to transport you and your baggage from your origin to your destination with reasonable dispatch, but published schedules, flight times, aircraft types, seat assignments, and similar details reflected in the ticket or Delta’s published schedules are not guaranteed and form no part of this contract. Delta may substitute alternate Carriers or aircraft, change its schedules, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket as required by its operations in Delta’s sole discretion. Delta’s sole liability in the event of such changes is set forth in Rule 23. Delta is not responsible or liable for making connections, failing to operate any flight according to schedule, changing Case 1:20-cv-01725-ELR Document 1-1 Filed 04/22/20 Page 3 of 36
the schedule or any flight, changing seat assignments or aircraft types, or revising the routings by which Delta carries the passenger from the ticketed origin to destination.
RULE 3: DEFINITIONS
Animals, in addition to the usual connotation, include reptiles, amphibians, birds, and fish.
Applicable Full Fare means the one-way fare, whether specifically published or derived by construction, for the class of service designated in the Carrier's official general schedule for the aircraft, or cabin of the aircraft used by the passenger.
Applicable Law means all laws rules, regulations, orders, treaties, conventions, decrees, and instructions of Carrier, in each case to the extent applicable to the services provided pursuant to the Contract of Carriage.
Carrier means any air carrier shown as a participant in this tariff.
Co-Terminal - Two or more relatively adjacent airports which for the purpose of these fares will be considered the same point.
Conjunction Ticket means two or more tickets concurrently issued to a passenger, which together constitute a single contract of carriage.
Convention means the Convention for the Unification of Certain Rules relating to International Carriage by Air, Signed at Warsaw, October 12, 1929 (Warsaw Convention), Convention for the Unification of Certain Rules for International Carriage by Air, opened for signature on 28 May 1999 (Montreal Convention), or that Convention as amended by the Hague Protocol, 1955 (Hague Convention), whichever may be applicable to carriage hereunder.
Days - Full calendar days, including weekend days and legal holidays (but not including the date that any notice is sent).
Delta Codeshare Partners – Has the meaning set forth in Rule 18(H).
Dependent – The spouse and children of U.S. Military Personnel or U.S. embassy personnel stationed overseas who are dependent upon such personnel for financial support.
DOT Hazardous Materials Regulations means the hazardous materials regulations issued by the Materials Transportation Bureau of the United States Department of Transportation in Title 49 of the Code of Federal Regulations, Parts 171 through 177 (49 CFR 171-177), as the same may be amended from time to time.
Fare Component - The fare paid for the portion of the itinerary between the origin and the destination or Stopover point.
Government Transport Request (GTR) - Form used for ticket payment and travel authorization for passengers traveling on official business for the federal government by the U.S.
Group means the minimum number of passengers specified in conjunction with the fare, as provided for in the applicable fare rules. Fewer than the minimum number of passengers may not travel at group fares, even upon payment of the minimum number of fares, unless specifically permitted in a given fare rule.
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Immediate Family means spouse, domestic partner, children, step-children, grandchildren, parents, step-parents, grandparents, brothers, step-brothers, sisters, step-sisters, daughters-in-law, sons-in- law, fathers-in-law, mothers-in-law, aunts, uncles, nieces, nephews, brother-in-law and sisters-in- law.
Interlining means utilizing the services of more than one Carrier in connection with a particular fare.
International Carriage means (except when the Convention is applicable) carriage in which, according to the contract of carriage, the place of departure and any place of landing are situated in more than one state. As used in this definition, the term "state" includes all territory subject to the sovereignty, mandate, authority or trusteeship thereof.
Marketing Carrier means the Carrier that sells flights under its code.
Military Agencies means departments of the U.S. Army, Navy and Air Force; the Marine Corps; the U.S. Coast Guard; the respective academies of the Army, Navy, Air Force and Coast Guard; and the U.S. National Guard. The Reserve Officer Training Corps is not included.
Military Passenger means military personnel of the Military Agencies who are on active duty status or who have been discharged from active military service within seven Days of the date of travel.
Operating Carrier means the Carrier that operates the actual flight.
Person with a Disability means any person who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. This term shall be further defined as required by Applicable Law, including U.S. regulations set forth in 14 C.F.R. 382.3.
Personal Attendant means the travel companion of a Person with a Disability that is attending to the personal needs of such Person with a Disability.
Qualifying Alternative Transportation means comparable air transportation, or other transportation used by the passenger, at no extra cost to the passenger, that at the time such arrangements are made is scheduled to arrive at the passenger’s next Stopover, or, if none, final destination, within two hours after the planned arrival time of the passenger’s original flight(s).
Related Charges means those charges to be shown in the fare construction box of the ticket, cancellation penalties, nonrefundable amounts, rebooking and rerouting charges and excess baggage charges.
Reroute means to issue a new ticket, or honor an existing ticket, covering transportation to the original destination, but via a different routing than that designated on the ticket.
Round Trip means any trip, the ultimate destination of which is the point of origin, and which is legal Routing and comprised of an outbound and return segment. Reservations for all segments of a trip for tickets issued at round-trip fares must be confirmed in the same (a single) passenger name record (PNR).
Routing means the Carrier(s) and/or the cities and/or class of service and/or type of aircraft (jet or propeller) via which transportation is provided between two points.
Safety Assistant means a person required by Delta to travel with a Person with a Disability, pursuant to Rule 6(C): to attend to the Person with a Disability’s in-flight medical needs; to assist the Person
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with a Disability’s communication with crewmembers; or to assist the Person with a Disability’s evacuation from the aircraft in the event of an emergency.
Self-reliant means that a person does not require services related to a disability beyond that normally provided by the Carrier or beyond those services which Applicable Law requires the Carrier to provide.
Special Drawing Right means a special unit of currency, the currency values of which fluctuate and are recalculated each banking day. These values are known to most commercial banks and are reported in some newspapers and in the IMF Survey, published weekly by the International Monetary Fund online at: https://www.imf.org/external/np/fin/data/rms_sdrv.aspx
Standby Passenger - Passenger who will be enplaned on a flight subject to the availability of space at departure time and only after all passengers having reservations for such flight have been enplaned on such flight. Not all flights will be available for standby.
Stopover - A stopover will occur when a passenger arrives at an intermediate point and is not scheduled to depart within 24 hours of arrival.
Transfer means a change from the flight on one Carrier to the flight of another Carrier; or a change from the flight of a Carrier to another flight of the same Carrier bearing the same flight number; or a change from the flight of a Carrier to another flight (that is) a service bearing a different flight number of the same Carrier, irrespective of whether or not a change of aircraft occurs.
Transfer Point means any point at which the passenger transfers from the services of one Carrier to another service of the same Carrier (bearing a different flight number) or to the service of another Carrier.
United States of America- The area comprising the 50 states; the District of Columbia; Puerto Rico; the U.S. Virgin Islands; American Samoa; Kanton; Guam; Midway and Wake Islands.
U.S. Armed Forces/U.S. Military Agencies - Department of the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States of America, the respective academies of the Army, Navy, Air Force, and Coast Guard, and does not include the National Guard Bureau or the Reserve Officer Training Corps, or members of the reserves not holding a valid duty armed forces of the United States green identification card.
U.S. Military Personnel - Unless otherwise indicated, refers only to active duty military personnel, and means Military personnel of the United States Military Agencies holding a valid active duty U.S. Armed Forces green identification card, on active duty status and traveling on authorized furlough, leave, or pass, but expressly excluding Military Personnel on temporary duty orders traveling to or from their temporary duty station.
RULE 4: PERSONAL DATA
The passenger recognizes that personal data has been given to Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies. For these purposes, the passenger authorizes Carrier to retain such data and to transmit it to its own offices, other Carriers, or the providers of such services, in whatever country they may be located. All passenger information shall be handled in accordance with Delta’s Privacy Policy (https://www.delta.com/content/www/en_US/privacy-and-security.html).
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RULE 5: INTER-AIRPORT TRANSPORTATION
Except as otherwise specified below, Delta does not operate or provide ground transfer service between airports or between airports and city centers. When a metropolitan area is served by more than one airport and the passenger requires connecting service with arrival at one airport and departure from another airport, transportation between those airports must be arranged by and at the expense of the passenger. Any such service is performed by independent operators who are not and shall not be deemed to be agents or servants of Delta. Although Delta may assist you in making arrangements for such ground transfer service, you agree that Delta is not liable for any act or omission of any such independent operator. If we issue you a voucher to cover the cost of services provided by any such independent contractor and you decide not to use the services, the voucher for such services will have not refund value.
Except for passengers traveling on award tickets or free tickets, Delta will provide ground transfer services at no additional charge to Delta or Delta Connection passengers making connections between LaGuardia Airport (LGA) or Newark International Airport (EWR) and John F. Kennedy International Airport (JFK) to or from Delta transatlantic flights, if the passenger's connecting flight is scheduled to depart the same calendar day of the scheduled arrival of the passenger's flight at LGA/EWR/JFK airports. Both the arriving and departing flights to/from JFK/LGA/EWR must be on the same ticket.
When transferring between airports, baggage must be claimed and rechecked by the passenger.
RULE 6: CARRIAGE OF PERSONS WITH DISABILITIES
A) Acceptance for Carriage
Delta will make every effort to accommodate a Person with a Disability and will not refuse to transport a person solely based on the person’s disability, except as permitted or required by law.
B) Acceptance of Declaration of Self-Reliance
Unless Delta determines a Safety Assistant is essential for safety, pursuant to Rule 6(C), Delta will accept the determination made by or on behalf of a Person with a Disability as to self-reliance. Once advised that the person is “self-reliant”, Delta shall not refuse such passenger transportation on the basis that the Person with a Disability is not accompanied by a Personal Attendant or based on the assumption that the passenger may require extraordinary assistance from airline employees in meeting the passenger’s needs.
C) Accompanying Safety Assistant Required for Certain Passengers
Delta may require that a Safety Assistant accompany a Person with a Disability as a condition of providing transportation if Delta determines that such an assistant is essential for safety, such as in, but not limited to, the following circumstances:
1) A passenger is unable to comprehend or respond appropriately to safety related instructions due to a mental disability; 2) A passenger is unable to physically assist in the passenger’s own evacuation from the aircraft due to a severe mobility impairment; or 3) A passenger is unable to establish a means of communication with Delta personnel sufficient to receive the safety briefing due to having both severe hearing and vision impairments.
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D) Medical Clearance
Delta will not require a medical clearance for a Person with a Disability as a condition of travel, except as permitted by law. Delta may require a medical certificate when, in good faith and using its reasonable discretion, Delta determines there is reasonable doubt that a passenger can complete the flight safely without requiring extraordinary medical assistance.
E) Seating Restrictions and Assignments
When a person identifies the nature of his or her disability, Delta will, to the extent possible, accommodate the passenger with a seat assignment that suits the passenger’s needs, including seating the passenger together with any Safety Assistant or Personal Attendant traveling with the passenger. Persons with a disability will not be prohibited from occupying seats in designated emergency exit rows, except to the extent required by law.
F) Acceptance of Aids
In addition to the regular baggage allowance, Delta will accept, without charge, as priority checked baggage, mobility aids, including but not limited to:
1) an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair; 2) a manually operated, folding wheelchair; 3) a walker, a cane, crutches or braces; 4) any device that assists the person to communicate; and 5) any prosthesis or medical device.
Where space permits, Delta will, without charge, permit the passenger to store a manually operated, folding wheelchair and other small mobility aids in the passenger cabin during the flight. The assembling and disassembling of mobility aids will be provided by Delta, without charge. Wheelchairs and mobility aids will be the last items to be stowed in the aircraft hold and the first items to be removed.
G) Manually Operated Wheelchair Access
To the extent permitted by space and facilities, Delta will permit a passenger using a manually operated wheelchair to remain in the wheelchair:
1) until the passenger reaches the boarding gate; 2) while the passenger is moving between the terminal and the aircraft door; and 3) while the passenger is moving between the terminal and the aircraft.
H) Service Animals
Delta will accept for transportation, without charge, a service Animal required to assist a person with a disability. To the extent possible, Delta will assign a seat to the person that provides sufficient space for the person and the service Animal. Delta will permit the service Animal to accompany the person onboard the aircraft and to remain on the floor at the person’s seat. The service Animal will not be permitted to occupy a passenger seat. To the extent permitted or required by law, Delta reserves the right to deny transportation to any service animal when reasonably necessary, in Delta’s sole discretion, for the comfort or safety of passengers or crewmembers or for the prevention of damage to the property of Delta or its passengers or employees.
I) Services to be Provided to Persons with Disabilities
Upon request, Delta will provide the following services to a Person with a Disability:
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1) assistance with registration at the check-in counter; 2) assistance in proceeding to the boarding area; 3) assistance in boarding and deplaning; 4) assistance in stowing and retrieving carry-on baggage and retrieving checked baggage; 5) assistance in moving to and from an aircraft lavatory; 6) assistance in proceeding to the general public area or, in some cases, to a representative of another Carrier; 7) transfer between the person’s own mobility aid and a mobility aid provided by Delta; 8) transfer between a mobility aid and the passenger’s seat; 9) limited assistance with meals, such as opening packages, identifying items, and cutting large food portions; 10) inquiring periodically during a flight about a passenger’s needs; and 11) briefing individual passengers with disabilities and any attendant on emergency procedures and the layout of the cabin.
J) Advance Notice for Special Services
To the extent permitted by law, Delta may require advance notice for certain special services desired by a Person with a Disability. Services applicable under this rule include but are not limited to:
1) transportation of an electric wheelchair on an aircraft of less than 60 seats; 2) provision of hazardous materials packaging for batteries or other assistive device that are required to have such packaging; 3) accommodation for a Group of 10 or more passengers with disabilities traveling as a Group; 4) provision of an onboard wheelchair on an aircraft of 60 seats or more; 5) transportation of an emotional support or service Animal in the cabin; 6) transportation of a service Animal on a Segment scheduled to take 8 or more hours; or 7) accommodation of a passenger with both severe vision and hearing impairments.
Such requests should be made by the passenger at the time of reservation and as far in advance as possible. If a passenger requests a special service at least 48 hours prior to departure, Delta will, to the extent possible, provide the service. If a passenger requests a service less than 48 hours prior to departure, Delta will make a reasonable effort to provide the service.
K) Boarding and Deplaning
Where a Person with a Disability requests assistance in boarding or seating or in stowing carry-on baggage, Delta will allow the passenger to board the aircraft in advance of other passengers where time permits.
L) Communication and Confirmation of Information
Delta will use reasonable efforts ensure that announcements to passengers concerning stops, delays, schedule changes, connections, on-board services, and claiming baggage are communicated to any person with a disability in a manner sufficient for the person to understand the communication.
M) Inquire Periodically
When passengers in wheelchairs that are not independently mobile are waiting to board an aircraft, Delta will inquire periodically about their needs and shall attend to those needs where the services required are usually provided by Delta.
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RULE 7: REFUSAL TO TRANSPORT
Delta may refuse to transport any passenger, and may remove any passenger from its aircraft at any time, for any of the following reasons:
A) Government Request or Force Majeure Whenever necessary to comply with any law, regulation or government directive or request; or when advisable in Delta’s sole discretion due to weather or other conditions beyond Delta’s control including Acts of God, strikes, civil unrest, embargoes, war, and other similar matters of force majeure.
B) Search of Passenger or Property
When a passenger refuses to permit search of his person or property for explosives, weapons, dangerous materials, or other prohibited items.
C) Proof of Identity
When a passenger refuses to produce positive identification on request;
D) Travel Across International Boundaries
When a passenger is traveling across any international boundary if: 1) the travel documents of such passenger are not in order; or 2) such transportation would be unlawful
E) Failure to Comply with Delta’s Rules or Contract of Carriage
When a passenger fails or refuses to comply with any of Delta’s rules or regulations, or any term of the Contract of Carriage.
F) Passenger’s Conduct or Condition
Delta will not refuse to provide transportation to a Person with a Disability, as defined in 14 C.F.R. § 382.5 and 382.31, based upon the passenger’s disability, except as allowed or required by law. Delta will not refuse to provide transportation based upon race, color, national origin, religion, sex, sexual orientation, or ancestry. Subject to those qualifications, Delta may refuse to transport any passenger, or may remove any passenger from its aircraft, when refusal to transport or removal of the passenger is reasonably necessary in Delta’s sole discretion for the passenger’s comfort or safety, for the comfort or safety of other passengers or Delta employees, or for the prevention of damage to the property of Delta or its passengers or employees. By way of example, and without limitation, Delta may refuse to transport or may remove passengers from its aircraft in any of the following situations:
1) When the passenger’s conduct is disorderly, abusive or violent, or the passenger appears to be intoxicated or under the influence of drugs; 2) When the passenger is barefoot; 3) When the passenger interferes with the flight crew’s activities, or fails to obey the instruction of any member of the flight crew; 4) When the passenger has a contagious disease that may be transmissible to other passengers during the normal course of the flight; 5) When the passenger is unable to sit in a seat with the seatbelt fastened; 6) When the passenger’s behavior may be hazardous or creates a risk of harm to himself/herself, the crew, or other passengers or to the Carrier’s aircraft and/or property, or the property of other
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passengers; 7) When the passenger is seriously ill, unless the passenger provides a physician's written permission to fly; or 8) When the passenger’s conduct, attire, hygiene or odor creates an unreasonable risk of offense or annoyance to other passengers.
G) Recourse of Passenger
Passengers shall not engage in any conduct that would authorize Delta to refuse transport under this Rule. The sole recourse of any passenger refused carriage or removed for any reason specified in this Rule shall be recovery of the refund value of the unused portion of his or her ticket as provided in Rule 23.
RULE 8: ACCEPTANCE OF CHILDREN
A) Accompanied Children
(1) General Rule
Except as set forth in this Rule, children under the age of 15 will not be accepted for transportation unless they are accompanied on the same flight in the same cabin by a parent, legal guardian, or other passenger at least 18 years of age. Delta may require documentation verifying the child’s age at check-in. A valid passport, birth certificate or other government-issued identification are all acceptable.
(2) Accompanied Children Less Than 2 Years Old.
One child less than 2 years old not occupying a seat may travel with an adult fare-paying passenger at least 18 years old or parent/legal guardian upon payment of the applicable infant-in-arms fare (including taxes). Additional infants, and infants occupying a seat, must pay the applicable adult fare. A maximum of 2 infants is permitted for each adult. Delta recommends that any child occupying a seat be placed in an approved safety seat. Infants who will reach their second birthday during a journey must occupy a seat and pay the Applicable Adult Fare for the entire journey.
(3) Accompanied Children 2 Years and Older
The fare for children ages 2 years and older will be the Applicable Adult Fare.
B) Unaccompanied Children Under the age of 15.
Children under the age of 15 may travel unaccompanied on Delta only under the following conditions:
(1) Children under the age of 5
No child under the age of 5 will be accepted for unaccompanied travel.
(2) Children aged 5 through 14
Children ages 5 through 7 may travel unaccompanied on non-stop flights only and may not connect to other airlines. Children ages 8 through 14 may travel unaccompanied on Delta’s non-stop or connecting flights, but may not connect to other airlines with the exception of Delta Connection, KLM and Air France.
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C) Unaccompanied Minor Service
(1) When Unaccompanied Minor Service is Required
Except as otherwise provided in this Rule, Unaccompanied Minor Service is required for all passengers under the age of 15 that Delta accepts for transportation.
(2) Unaccompanied Minor Service Defined
Unaccompanied Minor Service means that Delta will provide supervision for the child from the time of boarding until the child is met at the stop over point or destination. Delta will assume no financial or guardianship responsibilities for unaccompanied children beyond those applicable to an adult passenger. Delta has the right, but is not obligated to require identification of the responsible party meeting the child at a transfer point or final destination. An unaccompanied minor must be confirmed to destination and may not be confirmed on the last connecting flight of the evening (with the exception of markets where there is only one connection and it is the last flight of the day, or for flights to or from Alaska or Hawaii), nor may an unaccompanied minor travel on a flight expected to terminate short of, or bypass, the child’s destination. Delta may temporarily suspend unaccompanied minor travel and/or rebook the child on an alternate flight if there is a possibility that weather, irregular operations, or other conditions may cause a flight to be diverted. Delta requires that a parent or responsible adult accompany the child until boarding, and this adult must provide the name, telephone number, and address of the party meeting the child at the transfer point or final destination. Delta reserves the right to refuse to release an unaccompanied child to anyone other than the pre-designated party. Delta representatives cannot administer medicine to children flying alone. An unaccompanied minor may not travel on any domestic flight greater than 2 hours in length which departs between 9 PM and 5 AM (“red-eye flight”). This restriction does not apply for red-eye flights to/from Hawaii and Alaska, however, an unaccompanied minor on a red-eye flight from Hawaii or Alaska may not connect to a domestic red-eye flight or to the last flight of the day unless it is the only flight option for the day.
D) Unaccompanied Children Ages 15-17
Although not required, a parent or guardian may request Unaccompanied Minor Service for unaccompanied minors ages 15-17. The applicable unaccompanied minor service charge will apply.
E) Unaccompanied Minor Service Charge
In addition to the applicable fare, unaccompanied minors for whom Unaccompanied Minor Service is required or has been requested must pay an unaccompanied minor service charge in the amounts set forth below. Delta reserves the right to refuse to transport any unaccompanied minor for whom Unaccompanied Minor Services are required or requested but for whom the applicable unaccompanied minor service fee has not been paid. If 2 or more unaccompanied minors who are members of the same Immediate Family and ticketed together are traveling together, only one service charge will be assessed.
The unaccompanied minor service charge will be specified at: https://www.delta.com/content/www/en_US/traveling-with-us/special-travel- needs/children.html and is incorporated by reference.
F) Proof of Permission to Travel
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Minors at least (12) years of age but under (18) years of age traveling unaccompanied by their parents or legal guardians will be required to satisfy the office or agency booking such ticket that their parents or legal guardians are aware of their travel and have given their permission for such travel and to leave their country of origin. If time permits prior to departure, a statement in writing to that effect will be required from parents or guardian and if the travel is international, the statement must also say that the minor(s) will be visiting and in the charge of responsible person(s) while in the country of destination. If reservation has been made so near departure time that written statement cannot be obtained, then oral assurance from the parent or legal guardian will be required.
RULE 9: SPECIALLY TRAINED SERVICE DOGS
Delta accepts for transportation, without charge, dogs trained: (1) to lead the blind, when the dog accompanies a passenger with impaired vision dependent upon such dog; (2) to assist the deaf, when the dog accompanies a passenger with impaired hearing dependent upon such dog; (3) to assist the physically and psychiatrically impaired passengers dependent upon such dog, or (4) in explosive detection or search and rescue, only when such dogs are accompanied by U.S. military and U.S. government handlers. In the cases of (1) and (2) above, Delta will also accept such dogs when accompanied by the dog’s trainer and is en-route to the domicile of the owner for completion of training. In all cases, the service dog will be permitted to accompany such passenger into the cabin but will not be permitted to occupy a seat.
RULE 10: SMOKE FREE SERVICE
Delta prohibits smoking and the use of all smokeless tobacco products (including e-cigarettes) on all flights.
RULE 11: PASSENGER MEDICAL OXYGEN
On flights operated by Delta or Delta Connection, only portable oxygen concentrators (POCs) approved by the FAA are accepted for inflight medical oxygen. A 48-hour notice is required. Please see https://www.delta.com/content/www/en_US/traveling-with-us/special-travel-needs/disabilities.html to obtain information regarding the required medical certificate from a licensed physician and medical screening prior to flight. Medical screening service is provided by Delta at no cost to the passenger. If the passenger makes any voluntary change to his/her itinerary after completion of the medical screening, re-screening may be required. Passengers using POCs on a Delta flight must be seated in a row other than an emergency exit or bulkhead.
RULE 12: TICKETS
A) You must present a valid ticket for transportation, which entitles you to transportation only between points of origin and destination via the ticketed routing.
B) Tickets are not transferable. The purchaser of the ticket and the passenger are responsible for ensuring that the ticket accurately states the passenger's name. Presentation of a ticket for transportation by someone other than the passenger named on the ticket renders the ticket void.
C) Tickets are valid for travel only when used in accordance with all terms and conditions of sale.
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D) Where a ticket is invalidated as the result of the passenger's non-compliance with any term or condition of sale, Delta may:
1) Cancel any remaining portion of the passenger's itinerary or bookings,
2) Confiscate any unused portion of the ticket,
3) Refuse to board the passenger or check the passenger's baggage, and/or
4) Assess the passenger for the reasonable remaining value of the ticket, which shall be no less than the difference between the fare actually paid and the lowest fare applicable to the passenger's actual itinerary.
E) Ticket Expiration
A ticket is valid for one year from the original date of issuance and travel must commence within this validity period. Once travel has commenced then all travel must be completed within one year from the date on which travel commenced. If a ticket is exchanged or reissued- a) A wholly unused ticket must be exchanged within the original validity period of one year and will be given a new ticket issue date based on the date of exchange. b) If travel has commenced then the ticket must be reissued and all travel completed within one year from the date on which travel commenced.
Note – certain fares may have different periods of validity, in which case the specific rules associated with the fare will take precedence.
F) An electronic ticket (E-Ticket/ET) is the record of agreement maintained and processed within the Carrier’s electronic reservation system. A written receipt is provided to the purchaser of the electronic ticket which contains a reference for retrieving the record within the Carrier’s reservation system and summary of the ticket information. The Carrier may mandate the issuance of an electronic ticket (ET) regardless of market, Carrier, form of payment, and customer type (including SkyMiles and participating Carrier frequent flyer members).
G) External Reissue Charge
Delta will collect a nonrefundable fee of USD $50.00 for reissue by Delta of tickets originally issued in the United States or Canada by any ticketing source other than Delta, however, the charge does not apply to same day confirmed transactions, irregular operations (as designated by Delta in its sole discretion) or schedule change situations, SkyMiles upgrade reissues, tickets reissued on delta.com, or tickets issued at military or government fares. This fee applies to all changes to tickets issued at the request of the passenger.
H) Additional Ticketing Fees
In addition to the otherwise applicable fare, for tickets purchased directly from Delta Reservations in Europe, Delta will collect at the time of ticketing an additional ticketing fee, as set forth at delta.com/https://www.delta.com/content/www/en_US/traveling-with- us/baggage/before-your-trip/checked.html#DirectTicketing. This additional charge is not refundable and shall be included in the total fare quoted to the passenger at the time of ticketing. These additional charges do not apply to tickets purchased directly from Delta at delta.com.
I) Capacity Limitations
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Delta will limit the number of passengers carried on any one flight in any fare class or cabin, and such fares and fare classes will not necessarily be available on all flights or in all markets. The number of seats which Delta makes available on a given flight is determined by Delta’s best judgment of the anticipated total passenger load on each flight.
RULE 13: CONFIRMATION OF RESERVATIONS
No reservation on Delta is valid until the availability and allocation of the reserved space is confirmed by Delta or its agent and entered in Delta’s electronic reservations system.
Unless an earlier ticketing deadline is imposed by the applicable fare rule or other agreement between Delta and the passenger, Delta must receive payment and the reservation must be ticketed at least 60 minutes prior to the scheduled flight departure time. Failure to comply with this ticketing deadline or an earlier ticketing deadline imposed by the applicable fare rule or other agreement with the passenger will result in cancellation of the reservation without notice. A list of airports imposing an earlier ticketing deadline is set forth at delta.com/checkin and incorporated herein by reference.
RULE 14: CANCELLATION OF RESERVATIONS
A) Delta Will Cancel reservations of any passenger whenever such action is necessary to comply with any governmental regulation, or to comply with any governmental request for emergency transportation, or whenever such action is necessary or advisable by reason of weather or other conditions beyond its control.
B) The Transportation Security Agency’s (TSA) Secure Flight Program requires that Delta collect the following additional information from passengers when making a reservation to fly within, into or out of the United States and reservations for point-to-point international flights operated by U.S.- based airlines:
1) Full Name (required), as it appears on government-issued I.D. approved for use when traveling 2) Date of Birth (required) 3) Gender (required) 4) Redress Number (optional)
Delta may cancel your reservation if the reservation does not include the required Secure Flight Passenger Data (full name, date of birth and gender) at least 72 hours prior to your scheduled departure. This cancellation policy applies to all Delta tickets, including tickets for Delta codeshare partners’ flights.
C) Failure To Appear If you fail to appear for any flight in your itinerary without giving Delta notice in advance of the departure of the flight, Delta may cancel your reservation for all remaining flights in your itinerary.
D) Airport Check-In Time Limits
1) Reservations Subject to Cancellation for Failure to Meet Check-in and Boarding Deadlines
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Your reservation may be cancelled if you do not comply with all applicable check-in procedures by the check-in deadline for your flight, or if you are not at the gate and ready for boarding by the applicable boarding deadline. The check-in and boarding deadlines in effect on the date of travel will apply and are posted on delta.com.
2) Passenger Responsibility to Allow Sufficient Time
You must arrive at the airport with sufficient time to comply with all check-in procedures, complete security screening, comply with all other government requirements and departure processing, and arrive at the gate by the applicable boarding deadline. Delta will not delay flights for passengers who are not at the gate and ready to board on time, and is not liable for any loss or expense due to the passenger’s failure to comply with this provision.
RULE 15: FARES
A) Fares Applicable Only For Ticketed Itinerary
Fares apply for travel only between the points for which they are published. Tickets may not be issued at fare(s) published to and/or from a more distant point(s) than the points being traveled, even when issuance of such tickets may produce a lower fare.
B) Erroneous Fares
Delta will exercise reasonable efforts to ensure that all fares it publishes are accurate and available for sale, but Delta, as a policy, does not file nor intend to file tickets priced at a zero fare or that are erroneous or reasonably apparent as erroneous. If an erroneous fare is inadvertently published for sale and a ticket is issued at the erroneous fare before it has been corrected, Delta reserves the right to cancel the ticket purchase and refund all amounts paid by the purchaser or, at the purchaser’s option, to reissue the ticket for the correct fare. In this event, Delta will also reimburse any reasonable, actual, and verifiable out-of-pocket expenses incurred by the purchaser in reliance upon the ticket purchase. The purchaser must provide receipts or other evidence of such actual costs incurred in support of any reimbursement request.
C) Circumvention of Published Fares
Delta prohibits ticketing practices intended to circumvent the published fare that Delta intends to offer for your true itinerary. These practices include, but are not limited to:
1) Back to Back Ticketing - The purchase or usage of two or more tickets issued at round trip fares, or the combination of two or more round trip fares end to end on the same ticket for the purpose of circumventing minimum stay requirements.
2) Throwaway Ticketing - The purchase or usage of round trip fares for one way travel.
3) Hidden City/Point Beyond Ticketing - The purchase or usage of a fare from a point before the passenger's actual origin or to a point beyond the passenger's actual destination.
D) When the fare between any 2 points is not specifically published via the desired routing, the fare will be constructed by combining two or more separate fares, via the desired routing from the passenger’s point of origin to point of destination, which produce the lowest fare for the class of service used; provided, however, that combined fare will not exceed the lowest fare determined in accordance with this rule and the applicable fare rules. Delta’s direct sales channels will offer customers the lowest applicable published fare for itineraries between points in the United
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States on Delta, Delta Connection, Delta Shuttle and Delta Codeshare flights for the flights, dates and class of service requested to which our representatives have access. Please note that Delta will quote lowest published fare that we offer for the specific airports and type of itinerary that you request. We do not search for or quote fares for other itineraries, including by combining one-way or other fares. Fares not accessible directly from Delta may include, but are not limited to, unpublished fares, consolidator fares, negotiated fares, tour or package fares, and discounts available only via Internet web sites.
E) Duplicate, Fictitious and impossible/illogical bookings
Delta prohibits duplicate, impossible, or fictitious bookings, including but not limited to multiple conflicting itineraries for the same passenger on the same day or bookings with connections that depart before the arrival of the inbound flight. Delta reserves the right to cancel any such booking which has not been ticketed, and to cancel and refund any such booking which is ticketed at a refundable fare.
RULE 16: TRAVEL DOCUMENTS, TOURIST CARDS, AND TRAVEL TAXES AND EXPENSES
A) COMPLIANCE WITH APPLICABLE LAWS
The passenger shall comply with all laws, regulations, orders, demands, or travel requirements of countries to be flown from, into, or through, and with Applicable Laws. Carrier is not liable for any assistance, instructions, or information given by Carrier to any passenger in obtaining necessary documents or complying with Applicable Laws, whether given orally or in writing, or for the consequences resulting from passenger’s failure to obtain such documents or to comply with Applicable Laws.
B) PASSPORTS AND VISAS
1) Each passenger desiring transportation across any international boundary will be responsible for obtaining all necessary travel documents and for complying with all government travel requirements. The passenger must present all exit, entry and other documents required by the Applicable Laws, and, unless Applicable Laws do not permit it, shall indemnify the Carrier for any loss, damage, or expense suffered or incurred by the Carrier from passenger's failure to do so. Carrier is not liable to the passenger for loss or expense due to the passenger's failure to comply with this provision. Carrier reserves the right to refuse carriage to any passenger who has not complied with Applicable Laws, regulations, orders, demands, or requirements or whose documents are not complete. No Carrier shall be liable for any aid or information given by any agent or employee of such Carrier to any passenger in connection with obtaining such documents or complying with such laws, whether given orally or in writing or otherwise. 2) Subject to applicable laws and regulations, the passenger agrees to pay the applicable fare whenever Carrier, on government order, is required to return a passenger to his point of origin or elsewhere due to the passenger's inadmissibility into or deportation from a country, whether of transit or of destination. The fare applicable will be the fare that would have been applicable had the original ticket designated the revised destination on the new ticket. Any difference between the fare so applicable and the fare paid by the passenger will be collected from or refunded to the passenger as the case may be. Carrier may apply to the payment of such fares any funds paid by the passenger to Carrier for unused carriage, or any funds of the passenger in the possession of Carrier. The fare collected for carriage to the point of refusal or deportation will not be refunded by the Carrier, unless the law of such country requires that such fare be refunded.
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3) Passenger Transiting Without VISA (TRWOV) - Service Charge (Applicable to passengers traveling under the Transit Without Visa Agreement): A passenger transiting a point in the U.S.A. without a Visa will be assessed a service charge of USD 25.00 or its equivalent converted at the applicable Banker's Rate when Delta is the Carrier providing the passenger with transportation to the U.S.A. NOTE: The service charge will be collected upon passenger check in at the last stopover point prior to arrival in the U.S.A. or if there is no stopover, the point of origin.
C) CUSTOMS INSPECTION
If required, the passenger must be present for the inspection of his baggage, checked or unchecked, by customs or other government officials. Carrier is not responsible to the passenger if he or she fails to be present during the inspection. Passenger shall indemnify Carrier for any loss or damage resulting to Carrier due to passengers’ failure to comply with or be present for such inspection.
D) GOVERNMENT REGULATION
Carrier is not liable if it determines in good faith that Applicable Law requires that it refuse to carry a passenger.
E) TAXES & OTHER GOVERNMENT OR AIRPORT-IMPOSED FEES OR CHARGES
Except as specifically provided to the contrary in any of our regulations that may govern a particular itinerary or fare, your fare excludes any taxes, or other government or airport-imposed service charges or transit taxes. Any tax or other charge imposed by government or airport authority and collectable from a passenger will be in addition to the published fares and charges.
F) MEALS, HOTELS, AND OTHER TRAVEL ARRANGEMENTS
Unless your ticket expressly includes meals, ground transportation, or other travel arrangements, your fare does not include these services or any other expenses you may incur during your travel – including hotel, ground transportation, or meals. If Delta assists you with making any arrangements for these services, it is only as your agent, and Delta is not liable for any loss, damage or expense you may incur in connection with these services (including any failure to provide them, or any incidents related to the services).
RULE 17: BAGGAGE
A. Checked and Carry-On Baggage Policies and Restrictions Ticketed passengers may check baggage and carry baggage on board Delta aircraft, subject to this rule. Delta’s baggage policies and baggage fees are available at www.delta.com/bags and are incorporated by reference as if set forth in this contract of carriage. These policies restrict the quantity, size, number and weight of baggage (both checked and unchecked), describe any applicable baggage embargoes, and govern the carriage of hazardous and dangerous goods and special items (such as sporting equipment, medical equipment and mobility aids, musical instruments, and fragile and perishable items).
B. Baggage Liability
1. General Limitation of Liability for Loss of, Damage to, or Delay in Delivery of Baggage Delta’s liability for loss, damage, or delay in the delivery of a passenger's checked baggage, carry-on baggage, or other personal property tendered to Delta in connection with air transportation on Delta shall be limited to proven damage or loss and shall be governed by Rule 18 of these Conditions of Carriage (Liability of Carriers).
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2. Preexisting Damage/ Ordinary Wear and Tear Delta is not liable for preexisting damage or for wear and tear resulting from ordinary handling of baggage.
3. Loss Due To Government or Airport Action Delta is not liable for loss, damage, or delay of a passenger’s checked baggage, carry-on baggage, wheelchair or assistive device, or any personal item that may result from a security search of such items conducted by an agent of any local, state, or federal agency in charge of airport security screening, or from confiscation by an agent of any local, state, or federal agency.
C. Acceptance of In-Bond Baggage
Subject to advance arrangements being made with the Carrier, in-bond baggage transported at passenger request for their convenience, will be subject to a processing fee of USD 50.00 or its equivalent converted at the applicable Banker's Rate for each piece. For the purpose of this rule, in-bond baggage will be defined as baggage transported into the U.S. from a point outside the country that: (1) Is placed in DL's custody by custom for: (a) transport to the passenger's U.S. airport of destination of the nearest custom's facility for customs inspection, or (b) transport to the passenger's U.S. port of departure from a point outside the U.S., or (c) export to a point outside the U.S. from the passenger's port of entry. (2) must remain inaccessible to the passenger. (3) must be delivered into customs, custody for clearance to the passenger (4) normal baggage/liability rules apply.
RULE 18: LIABILITY OF CARRIERS; CODESHARE RULES
A) SUCCESSIVE CARRIERS- If one or more successive Carriers are operating flights under a single ticket, or under a Conjunction Ticket, the flights will be deemed a single operation.
B) LAWS AND PROVISIONS APPLICABLE 1) The Carrier shall be liable under Article 17 of the Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained in the case of death or bodily injury of a passenger, as provided in the following paragraphs: a) The Carrier shall not be able to exclude or limit its liability for damages not exceeding 113,100 Special Drawing Rights for each passenger. b) The Carrier shall not be liable for damages to the extent that they exceed 113,100 Special Drawing Rights for each passenger if the Carrier proves that: 1) such damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or 2) such damage was solely due to the negligence or other wrongful act or omission of a third party. c) The Carrier reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to such claims including, but not limited to, the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention except that the Carrier shall not invoke Articles 20 and 22(1) of the Warsaw Convention in a manner inconsistent with paragraphs (1) and (2) hereof. d) With respect to third parties, the Carrier reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity. e) The Carrier agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws of the country of the domicile or country of permanent residence of the passenger.
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2) In cases of bodily injury or death, the Carrier shall make an advance payment where the Carrier 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, the Carrier shall, without delay, make the advance payment to the passenger in an amount or amounts determined by the Carrier 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 Special Drawing Rights, which shall be paid to a representative of the passenger’s next of kin eligible to receive such advance payment as determined by the Carrier in its sole discretion. b) The Carrier shall make the advance payment as an advance against the Carrier’s liability under the Warsaw Convention, or the Montreal 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. c) The Carrier, in making an advance payment, does not waive any rights, defenses, or limitations available under the Warsaw Convention, or the Montreal Convention, whichever may apply, to any claim on behalf of the passenger, nor shall acceptance of an advance payment constitute a release of any claim, whatsoever, by any person. d) The Carrier, 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 voluntary contribution or contractual payment on the part of the Carrier. e) The Carrier may recover an advance payment from any person where it is proven that the Carrier 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.
3) The Carrier shall be liable for damage occasioned by delay in the carriage of passengers by air, as provided in the following paragraphs: a) The Carrier shall not be liable if it proves that it and its servants 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. b) Airport, air traffic control, security, and other facilities or personnel, whether public or private, not under the control and direction of the Carrier are not servants or agents of the Carrier, and the Carrier is not liable to the extent the delay is caused by these kinds of facilities or personnel. c) 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. They include foreseeable compensatory damages sustained by a passenger and do not include mental injury damages. d) The Carrier 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 21 of the Warsaw Convention and Article 20 of the Montreal Convention. Under the Montreal Convention, the liability of the Carrier for damage caused by delay is limited to 4,694 Special Drawing Rights per passenger. The limits of liability shall not apply in cases described in Article 25 of the Warsaw Convention or Article 22(5) of the Montreal Convention, whichever may apply.
4) The Carrier is liable for damages sustained in the case of destruction or loss of, damage to, or delay of checked and unchecked baggage, as provided in the following paragraphs: a) Except as provided below, the liability of the Carrier is limited to 1131 Special Drawing Rights for each passenger in the case of destruction, loss, damage, or delay of baggage, whether checked or unchecked, under the Warsaw Convention or the Montreal Convention, whichever may apply. Unless the passenger proves otherwise:
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1) all baggage checked by a passenger shall be considered to be the property of that passenger; 2) a particular piece of baggage, checked or unchecked, shall not be considered to be the property of more than one passenger; and 3) unchecked baggage, including personal items, shall be considered to be the property of the passenger in possession of the baggage at the time of embarkation. b) If a passenger makes, at the time checked baggage is handed to the Carrier, a special declaration of interest and has paid a supplementary sum, if applicable, the Carrier will be liable for destruction, loss, damage, or delay of such checked baggage in an amount not exceeding the declared amount, unless the Carrier proves that the declared amount is greater than the passenger’s actual interest in delivery at destination. The declared amount, and the Carrier’s liability, shall not exceed the total amount of declaration permissible under the Carrier’s regulations, inclusive of the limitation of paragraph 4(A hereof. In the case of transportation under the Warsaw Convention, no supplementary sum shall apply unless the declared amount exceeds 19 Special Drawing Rights per kilogram of the total recorded weight of the checked baggage at the time the baggage is handed to the Carrier. Nevertheless, the Carrier may impose charges for pieces of baggage in excess of any free allowance the Carrier may provide. c) In the case of unchecked baggage, the Carrier is liable only to the extent the damage resulted from its fault, or that of its servants or agents. d) The Carrier is not liable for destruction, loss, damage, or delay of baggage not in the charge of the Carrier, including baggage undergoing security inspections or measures not under the control and direction of the Carrier. e) The Carrier reserves all defenses and limitations available under the Warsaw Convention, and the Montreal Convention, whichever may apply to such claims including, but not limited to, the defense of Article 20 of the Warsaw Convention and Article 19 of the Montreal Convention, and the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not invoke Article 22(2) and (3) of the Warsaw Convention in a manner inconsistent with paragraph 4(a) hereof. The limits of liability shall not apply in cases described in Article 25 of the Warsaw Convention or Article 22(5) of the Montreal Convention, whichever may apply. 5) Under the Warsaw Convention and the Montreal Convention, whichever may apply, an action for damages must be brought within two years, and a complaint must be made to the Carrier within seven calendar days in the case of damage to baggage, and 21 calendar days in the case of delay thereof.
C) LIMITATION OF LIABILITY- Except as the applicable Convention or other law may otherwise require: 1) Carrier is not liable for any death, injury, delay, loss, or other damage of whatsoever nature (hereinafter in this tariff collectively referred to as "damage") to passengers or unchecked baggage arising out of or in connection with carriage or other services performed by Carrier incidental thereto, unless such damage is caused by the negligence of Carrier. Assistance rendered to the passenger by Carrier's employees in loading, unloading, or transshipping baggage shall be considered as gratuitous service to the passenger. Carrier is not liable for damage to such unchecked baggage incurred during, or as a result of such service, irrespective of the negligence of Carrier's employees. 2) Carrier is not liable for any damage directly and solely arising out of its compliance with any laws, government regulations, orders, or requirements or from failure of passenger to comply with same, or out of any cause beyond Carrier's control. 3) Carrier is not to be liable for damage to a passenger's baggage caused by property contained in the passenger's baggage. Any passenger whose property caused damage to another passenger's baggage or to the property of Carrier shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. 4) Delta assumes no liability for preexisting damage, including minor cuts, scratches, and broken zippers as a result of over packing, or for wear and tear resulting from ordinary handling of baggage.
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5) When Carrier has exercised the ordinary standard of care, it shall not be liable for spoilage resulting from delay in delivery of any perishables described in Rule 17 (BAGGAGE REGULATIONS), nor for damage to, or damage caused by, fragile articles described in Rule 17 which are unsuitably packed and which are included in a passenger's checked baggage without Carrier's knowledge. Carrier shall not be liable for the damage, or delay in delivery of a passenger's checked baggage and property accepted pursuant to the execution of a Limited Liability Release form to be provided by Delta, to the extent that such release relieves Carrier of liability
6) Carrier may refuse to accept any articles that do not constitute baggage as such term is defined herein, but if delivered to and received by Carrier, such articles shall be deemed to be within the baggage valuation and limit of liability, and shall be subject to the published rates and charges of Carrier. 7) a) Liability of Carrier for damages shall be limited to occurrences where Delta is the Marketing Carrier, except in the case of checked baggage as to which the passenger also has a right of action against the first or last Carrier. b) A Carrier issuing a ticket or checking baggage for carriage over the lines of another Carrier does so only as agent. c) Carrier shall not be liable for death or injury of a passenger occurring on a flight where Delta is not the Marketing Carrier. 8) Carrier shall not be liable in any event for any consequential or special damage arising from carriage subject to this tariff, whether or not Carrier had knowledge that such damages might be incurred. 9) Any exclusion or limitation of liability of Carrier under this tariff or the ticket shall apply to agents, servants, or representatives of the Carrier acting within the scope of their employment and also to any person whose aircraft is used by the Carrier and its agents, servants or representatives acting within the scope of their employment. 10) The owner of a pet shall be responsible for compliance with all governmental regulations and restrictions, including furnishing valid health and rabies vaccination certificates when required. Carrier will not be liable for loss or expense due to the passenger’s failure to comply with this provision, and Carrier will not be responsible if any pet is refused passage into or through any country, state, or territory.
D) TIME LIMITATIONS ON CLAIMS AND ACTIONS 1) No action shall lie in the case of damage to baggage unless the person entitled to delivery complains to the Carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt; and in the case of delay, or loss, complaint must be made at the latest within 21 days from the date on which the baggage has been placed at his disposal (in the case of delay), or should have been placed at his disposal (in the case of loss). Every complaint must be made in writing and dispatched within the time aforesaid. Where carriage is not "international carriage" as defined in the applicable Convention, failure to give notice shall not be a bar to suit where claimant proves that a) it was not reasonably possible for him to give such notice, or b) that notice was not given due to fraud on the part of Carrier, or c) the management of Carrier had knowledge of damage to passenger's baggage. 2) Any right to damages against Carrier shall be extinguished unless an action is brought within two years reckoned 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.
E) OVERRIDING LAW- Insofar as any provision contained or referred to in the ticket or in this tariff may be contrary to a law, 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
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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.
F) MODIFICATION AND WAIVER- No agent, servant, or representative of Carrier has authority to alter, modify, or waive any provisions of the contract of carriage or this tariff.
G) GRATUITOUS TRANSPORTATION
1) Gratuitous transportation by Carrier of persons as hereinafter described shall be governed by all the provisions of this rule, except subparagraph (2) below and by all other applicable rules of this tariff. a) Transportation of persons injured in aircraft accidents on the lines of Carrier and physicians and nurses attending such persons. b) Transportation of persons, the object of which is that of providing relief in general epidemics, pestilence or other calamitous visitation. c) Transportation of persons, which is required by and authorized pursuant to Part 223 of the Economic Regulations of the Department of Transportation of the United States of America. d) Transportation of persons which is subject to the Convention. e) Transportation of officers, employees and servants of Carrier traveling in the course of their employment and in the furtherance of Carrier's business. 2) Except in respect of gratuitous transportation of persons described in paragraph (G) (1) above, Carrier in furnishing gratuitous transportation shall not be liable (the provisions of Rule 18(B) and (C) to the contrary notwithstanding) under any circumstances whether of its own negligence or that of its officers, agents, representatives or employees, or otherwise, and the person using such free transportation on behalf of himself, his heirs, legal representative, defendants and other parties in interest, and their representatives, assignees, releases and agrees to indemnify Carrier, its officers, agents, representatives and employees from all liability (including cost and expenses), for any and all delay, and for failure to complete passage, and from any and all loss or damage to the property of such person. 3) Except in respect of gratuitous transportation of persons described in paragraph (G)(1) above, Carrier in furnishing gratuitous transportation shall not be liable under any circumstances whether of its own negligence or that of its officers, agents, representatives or employees, or otherwise, and the person using such free transportation, on behalf of himself, his heirs, legal representatives, defendants and other parties in interest, and their representatives, assignees, releases and agrees to indemnify Carrier, its officers, agents, representatives and employees from all liability (including cost and expenses) for any and all death or injury, to such person. NOTE: Rules stating any limitation on, or conditions relating to, the liability of Carriers for personal injury or death are not permitted to be included in tariffs filed pursuant to the laws of the United States, except to the extent provided in Rule 18 (B)(1). Insofar as this rule states any such limitation or condition it is included herein; except to the extent provided in Rule 18(B)(1), as part of the tariff filed with governments other than the United States and not as part of this tariff filed with the Department of Transportation of the United States.
H) RULES SPECIFIC TO CODESHARE OPERATIONS
Some flight segments in your itinerary may be operated by airlines other than Delta pursuant to contractual codeshare arrangements with Delta that allow Delta to sell tickets for travel on flights operated by these Carriers (“Delta Codeshare Partners”). If you purchase a Delta ticket where Delta is the Marketing Carrier (your flight has a Delta flight number), your contract of carriage is with Delta regardless of the Operating Carrier. Notwithstanding any other provisions of this contract of carriage, the following rules will apply to flights operated by Delta Codeshare Partners:
1. Baggage
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For itineraries in which at least one segment is operated by a Delta Codeshare Partner, only standard-sized baggage (not to exceed a maximum outside linear dimension of 62 inches or a maximum weight of 50 lbs) will be accepted. These more restrictive rules apply throughout the whole itinerary, including flights operated by Delta. One carry-on bag not exceeding 11 pounds and 46 linear inches is also permitted.
2. Unaccompanied Minors
No unaccompanied minors will be accepted.
3. Carriage of Animals
No animals (other than service animals, emotional support animals, and animals owned by members of the U.S. military and their families who are traveling on active transfer orders) will be accepted. With regard to emotional support animals, the policy of the Operating Carrier will govern. Please consult with the Operating Carrier for the applicable policy regarding acceptance and carriage of emotional support animals.
4 Check-In Requirements
Minimum Check-in time of 2 hours will apply, except in the case of Moscow, Russia (3 hours minimum), and Istanbul, Turkey (3 hour, 15 minute minimum).
5 Extended Tarmac Delays – Codeshare Services
In the event of extended tarmac delays on flights operated by a Delta Codeshare Partner, the contingency plan for lengthy tarmac delays of the Operating Carrier will apply.
C. Additional Services Provided by Delta Codeshare Partners
Delta Codeshare Partners may, in their discretion, accept more, larger or heavier items of checked baggage, accept specialty baggage items, accept additional carry-on items, accept unaccompanied minors, accept animals in the cabin or as cargo, and permit later check-in times. The Delta Codeshare Partner may charge a fee for any additional discretionary services it provides. Any additional services provided at the discretion of the Delta Codeshare Partner are not within Delta’s control, are subject to change at any time, and do not form any part of this contract of carriage between you and Delta.
RULE 19: ELECTRONIC SURVEILLANCE
Passengers and their baggage are subject to inspection with an electronic detector with or without the passenger's consent or knowledge.
RULE 20: FLIGHT DELAYS/CANCELLATIONS
A. Delta’s Liability in the Event of Schedule Changes, Delays and Flight Cancellations
If there is a flight cancellation, diversion, delay of greater than 90 minutes, or that will cause a passenger to miss connections, Delta will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with Rule 23. If the passenger does not request cancellation and refund of the remaining portion of the ticket, Delta will transport the passenger to the destination on Delta’s next flight on which seats are available in the class of service originally purchased. At Delta’s sole discretion and if acceptable to the passenger, Delta may arrange for the passenger
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to travel on another Carrier or via ground transportation. If acceptable to the passenger, Delta may provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, Delta will transport the passenger on the flight, although Delta reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased. Delta will not be liable under any circumstances for any special, incidental or consequential damages arising from the foregoing.
B. Delta’s Liability for Additional Amenities in the Event of Schedule Changes, Delays and Flight Cancellations
Except as provided above, Delta shall have no liability if the flight cancellation, diversion or delay was due to force majeure. As used in this rule, “force majeure” means actual, threatened or reported:
(1) Weather conditions or acts of God; (2) Riots, civil unrest, embargoes, war, hostilities, or unsettled international conditions; (3) Strikes, work stoppages, slowdowns, lockout, or any other labor-related dispute; (4) Government regulation, demand, directive or requirement; (5) Shortages of labor, fuel, or facilities; or (6) Any other condition beyond Delta’s control or any fact not reasonably foreseen by Delta.
However, when a passenger’s travel is interrupted for more than 4 hours after the scheduled departure time as a result of flight cancellation or delay on the date of travel other than from force majeure, Delta will provide the passenger with the following additional amenities during the delay:
(a) Hotels
If overnight accommodations are available at Delta contracted facilities, Delta will provide the passenger with a voucher for one night’s lodging when the delay is during the period of 10:00 pm to 6:00 am. Delta will provide free public ground transportation to the hotel if the hotel does not offer such service. If accommodations are not available, Delta will provide the passenger with a voucher that may be applied to future travel on Delta equal in value to the contracted hotel rate, up to $100 USD.
(b) Ground Transportation
In lieu of lodging or other amenities, Delta may furnish ground transportation to the destination airport if a passenger’s flight is diverted to an alternative airport and if the destination on the ticket and the diverted airport destination are within the following city groups:
San Francisco, CA (SFO)/ Oakland, CA (OAK)/ San Jose, CA (SJC) Los Angeles, CA (LAX)/ Long Beach, CA (LGB)/ Ontario, CA (ONT)/ Santa Ana, CA (SNA) Denver, CO (DEN)/ Colorado Springs (COS) O’Hare – Chicago, IL (ORD)/ Midway – Chicago, IL (MDW) Dallas-Ft. Worth, TX (DFW)/ Dallas, TX Love Field (DAL) Bush Intercontinental – Houston, TX (IAH)/ Hobby – Houston, TX (HOU) Fort Lauderdale, FL (FLL)/ Miami, FL (MIA)/ West Palm Beach, FL (PBI) Baltimore, MD (BWI)/ National – Washington, DC (DCA)/ Dulles – Washington, DC (IAD) Newark, NJ (EWR)/ LaGuardia – New York, NY (LGA)/ John F. Kennedy – New York, NY
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(JFK) Orlando, FL (MCO)/ Tampa, FL (TPA)/ Daytona Beach, FL (DAB)/ Melbourne, FL (MLB)/Sarasota Bradenton, FL (SRQ)
(c) Additional Amenities
Delta will provide such additional or alternative amenities as are necessary to maintain the safety and/or welfare of customers with special needs such as unaccompanied children and customers with disabilities. Such amenities will be furnished consistent with special needs and/or circumstances.
RULE 21: DENIED BOARDING COMPENSATION
A) Overbooking of Flights Because passengers with confirmed reservations on a flight sometimes fail to show, Delta reserves the right to sell more tickets for travel on each flight than there are seats available on the aircraft. In some cases, this may result in a flight in which Delta cannot accommodate one or more passengers with confirmed reservations (an “oversold flight”). Delta may deny boarding to passengers with confirmed reservations on an oversold flight as set forth in this rule. The rights of passengers who are denied boarding shall be governed by this rule.
B) Request For Volunteers Before denying boarding to any passenger holding a confirmed reservation on an oversold flight, Delta will ask other passengers on the flight to voluntarily give up their seat in exchange for compensation in an amount and form to be determined by Delta in its sole discretion. If a sufficient number of volunteers agree to give up their seats in response to Delta’s offer, then no passenger with a confirmed reservation will be involuntarily denied boarding due to the oversale of the flight. If there are more volunteers than required, selection of the volunteer(s) to receive compensation will be determined in Delta’s sole discretion.
C) Involuntary Denied Boarding If an insufficient number of passengers volunteer to give up their seats in response to Delta’s offer, Delta may involuntarily deny boarding to one or more passengers on the oversold flight according to the following boarding priority rules:
1) Passengers Holding Tickets for Travel in Premium Cabin, SkyMiles members identified with a Diamond Medallion (“DM”), Platinum Medallion (“PM”), or Gold Medallion (“GM”) elite-status designation, and passengers holding tickets purchased under a DL corporate travel agreement.
Passengers holding tickets for confirmed space in the First or Business class cabin, SkyMiles members identified with a DM, PM, or GM elite-status designation, and passengers holding tickets purchased under a DL corporate travel agreement will be accommodated before other passengers holding tickets and/or boarding passes for confirmed space in the Coach cabin.
2) Passengers With Boarding Passes
Subject to the terms set forth in Rule 21(c)(1) and (4), passengers holding boarding passes who check in and present themselves at the departure gate in compliance with Rule 14 will be accommodated before passengers traveling in the same cabin who have not been issued boarding passes or who fail to comply with applicable check-in requirements. Subject to the availability of seats on the aircraft, boarding passes may
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be obtained by passengers who hold tickets for confirmed reserved space in the following manner:
a) for passengers traveling on electronic tickets, through the Online Check-in feature on Delta.com within 24 hours of scheduled departure
b) for passengers traveling on electronic tickets, through a Delta airport kiosk within four hours of scheduled departure
c) from a Delta airport ticket counter and/or the check-in desk located in the departure area.
3) Passengers Without Boarding Passes
Passengers with confirmed reservations who have not been issued a boarding pass and present themselves at the departure gate in compliance with Rule 14 will be accommodated according to the following priority rules:
a) Passengers who have been rebooked to the present flight as a result of an irregular operation (e.g., delay, cancellation) of a previously booked flight.
b) SkyMiles members identified with a Silver Medallion (“FO”) elite-status designation.
c) Passengers with a SkyTeam Elite or Elite Plus status.
d) Passengers without any elite-status designation.
Within each of the foregoing groups, passengers are prioritized first by class of service and then by time of check-in.
4) Special Needs Passengers
Because of the special needs of passengers with disabilities, unaccompanied minors, and aged or infirm passengers, and active members of the U.S. Armed Forces on travel orders, Delta reserves the right to accommodate such passengers without regard to the boarding priorities established by this provision.
D) Transportation For Passengers Denied Boarding Delta will provide transportation to passengers who volunteer to relinquish their seats or who are denied boarding involuntarily due to the oversale of a flight as follows:
1) Next Available Flight
Delta will transport the passenger on its next flight on which space is available to the passenger’s next Stopover, or if none, to the passenger’s destination, at no additional cost to the passenger.
2) Transportation on Other Airlines
At Delta’s sole discretion, Delta may instead arrange for transportation on any other Carrier or combination of Carriers to the passenger’s next Stopover, or if none, to the passenger’s destination, at no additional cost to the passenger.
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3) Overnight Stay Required
If the transportation provided to a passenger pursuant to this section requires that the passenger stay overnight before continuing his/her travel, Delta will provide hotel accommodations to the passenger at no additional cost. If hotel accommodations are unavailable, Delta will compensate the passenger with a credit voucher valid for future purchases from Delta in an amount commensurate in value with the local average contracted hotel rate up to $100 USD, to be determined by Delta.
E) Compensation For Involuntary Denied Boarding When a passenger with a confirmed reservation is involuntarily denied boarding on an oversold flight pursuant to this rule, Delta’s sole liability to the passenger shall be to provide alternative transportation as provided in paragraph D, above, and to pay denied boarding compensation, if applicable, pursuant to the terms and conditions of this rule.
1) Conditions For Payment of Involuntary Denied Boarding Compensation The passenger shall not be entitled to any compensation for involuntary denied boarding if:
a) Passenger’s Failure to Comply with Contract of Carriage The passenger has not complied fully with Delta’s contract of carriage or tariff provisions regarding ticketing, reconfirmation, check-in, or acceptability for transportation.
b) Substitution of Equipment The flight for which the passenger holds confirmed space is unable to accommodate that passenger because of substitution of equipment of lesser capacity when required by operational or safety reasons; or, on an aircraft with a designed passenger capacity of 60 or fewer seats, the flight for which the passenger holds confirmed reserved space is unable to accommodate that passenger due to weight/balance restrictions when required by operational or safety reasons.
c) Carriage in Alternative Cabin Delta offers to accommodate the passenger in a section of the aircraft other than that specified on his/her ticket at no extra charge; provided however that if a passenger is seated in a section for which a lower fare applies, the passenger will be entitled to a refund of the difference in fare.
d) Alternative Transportation Delta arranges comparable air transportation, or other transportation used by the passenger, at no extra cost to the passenger, that at the time such arrangements are made is scheduled to arrive at the passenger’s next Stopover, or, if none, final destination within one hour after the planned arrival time of the passenger’s original flight or flights.
F) Amount of Involuntary Denied Boarding Compensation If all conditions for compensation are met, then Delta shall pay compensation to passengers involuntarily denied boarding in an amount to be calculated as follows:
1) When Delta arranges Qualifying Alternative Transportation If Delta arranges Qualifying Alternative Transportation, then Delta will pay denied boarding compensation in an amount equal to 200% of the fare (including any surcharges and air transportation taxes) to the passenger’s next Stopover, or if none, to his/her final destination, but no more than $675.00.
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2) Where Delta cannot arrange Qualifying Alternative Transportation If Delta cannot arrange Qualifying Alternative Transportation, then Delta will pay denied boarding compensation in an amount equal to 400% of the fare (including any surcharges and air transportation taxes) to the passenger’s next Stopover, or if none, to his/her final destination, but no more than $1350.00.
G) Time of Payment for Involuntary Denied Boarding Compensation If all conditions for compensation are met, Delta will pay any involuntary denied boarding compensation on the day and at the place where the denial of boarding occurred, in cash or immediately negotiable check; provided, however, that if the alternative transportation arranged for the passenger’s convenience departs before the payment can be made to the passenger, then payment will be made by mail or other means within 24 hours after the denied boarding occurs.
H) Codeshare Services When involuntary denied boarding occurs on a flight operated by a Delta Codeshare Partner (an Operating Carrier), any passenger holding a ticket on such flight governed by these Rules is entitled to denied boarding compensation in accordance with this Rule (the Rules of the Marketing Carrier). Such compensation will generally be paid by the Operating Carrier at the time of denied boarding; provided however that the Operating Carrier may elect to reimburse the passenger in accordance with local laws, regulations or procedures that may differ from these guidelines in some cases. If the compensation actually paid is less than the amount required by this Rule, the passenger will be entitled upon request to Delta’s Customer Care department to payment from Delta in the amount of the difference between the compensation due under this Rule and the amount reimbursed by the Operating Carrier at the time of the denial of boarding.
RULE 22: REROUTING
A General Provisions
1. Fare Applicable To Rerouting Or Change In Destination a. Unless otherwise specified in the fare rule, a passenger may change the routing, destination, Carrier(s), class of service, or dates of travel specified on an unused ticket in accordance with paragraph 2) below, provided that, after transportation has commenced, a one- way ticket will not be converted into any other type of ticket (such as a round-trip, circle-trip or open-jaw trip ticket).
b. Except as otherwise provided, the fares and charges applicable, when a rerouting or change in ultimate destination is made at passenger's request prior to arrival at the ultimate destination named on the original ticket, shall be the applicable fare and charges for the entire revised itinerary in effect on the date that the rerouting or change in ultimate destination is entered on the passenger's new ticket.
c. Rule 12(E) applies for validity of voluntarily exchanged/reissued tickets.
2. Fare Applicable To Upgrading Class Of Service While In Flight When a passenger moves from one class of service to another while in flight, an additional collection will be made in an amount equal to the difference between:
1. The one-way fare applicable to the class of service used from passenger's point of origin on such flight to the last scheduled stop prior to the passenger's change in class of service, plus the one-way fare in the new class of service from such stop to the passenger's destination on such flight, and
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2. The fare paid for transportation from the passenger's origin to destination on such flight.
When the amount described in 1) above is less than the amount described in 2) above, no additional collection will be made. The acceptance of such passenger in the class of service to which he/she is moving for travel beyond the next scheduled stopping point in the flight is subject to availability. Discounts will not apply.
B. Ticket reissue procedures
-Unless otherwise specified in a fare rule, the following procedures will apply to Delta ticket reissues.
For nonrefundable fares: - If the value of the new ticket is lower than the ticket being reissued, the difference in ticket price, less the change fee, will be provided to the passenger in the form of a non- refundable Delta travel voucher at the time of reissue. - If the value of the new ticket is equal to or higher than the ticket being reissued, the change fee and any difference in fare will be collected at the time of reissue.
For refundable fares: - If the value of the new ticket is lower than the ticket being reissued, any difference In fare will be refunded to the original form of payment at the time of reissue. - If the value of the new ticket is higher than the ticket being reissued, the difference in fare will be collected at the time of reissue.
-Flights must be rebooked and the ticket reissued at the time of the change.
1. Unused tickets a. When making changes to the outbound portion of an unused ticket, Delta will cancel the itinerary and start over, issuing a new ticket using current fares subject to all applicable fare rules. If the unused fare is nonrefundable, the value of the original ticket, less the change fee, may be applied toward the purchase of the new ticket. If the unused fare is refundable, the value of the original ticket may be applied toward the purchase of a new ticket. b. When making changes to the continuing/return portion of unused tickets, Delta will apply one of the following procedures resulting in the lowest fare: i. Attempt to keep the fares as ticketed, using historical fares in effect on the date of the original ticket issue date and maintaining the original fares and origin/destination for all fare components. Delta will validate all fare rules at the time of reissue. -OR- ii. Reprice the itinerary using historical fares in effect on the date of the original ticket issue date, validating all fare rules and booking code provisions at the time of reissue with no changes to the first fare component. -OR- iii. Cancel the itinerary and start over, issuing a new ticket using current fares with all fare rules validated. If the unused fare is nonrefundable, the value of the original ticket less the change fee may be applied toward the purchase of a new ticket. For refundable fares, the value of the original ticket may be applied toward the purchase of a new ticket. 2. Partially Used Tickets a. When making changes to partially used tickets, Delta will apply one of the following procedures resulting in the lowest fare:
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i. Attempt to keep the fares as ticketed using historical fares in effect on the date of the original ticket issue date and maintaining the original fares and origin/destination for all fare components. No changes are permitted to fully flown fare components, and Delta will validate all fare rules at the time of reissue. -OR- ii. Reprice the itinerary using historical fares in effect on the date of the original ticket issue date, validating all fare rules and booking code provisions at the time of reissue with no changes to fully flown fare components. The new ticket may be a lower or equal or higher value than the previous ticket -OR- iii. Reprice the itinerary, replacing the fares of the flown fare components with historical fares in an equal or the next available higher booking The value of the replacement fare component for the flown fare may be lower than, equal to, or higher than the value of the original ticketed fare component. Replace the unflown fare components using historical fares using lower, equal or the next available higher booking class. The unflown fare component may be in a lower, equal or next available higher booking class and/or value. No changes are permitted to the fare break points of the fully flown fare components and the historical fares are those in effect on the date of the original ticket issue date. Delta will validate all fare rules at the time of reissue. The new ticket may be a lower or equal or higher value than the previous ticket. The Carrier will use the following booking class hierarchy (displayed from highest to lowest) when replacing fares for flown fare components: First Class – F Delta One – J C D I Z Delta Premium Select - P A G Delta Comfort Plus –W S Main Cabin – Y B M H Q K L U T X V Basic Economy - E
-OR-
iv. Issue a new ticket using current fares and validating all fare rules at the time of reissue. If the original fare is nonrefundable, the Carrier will apply the remaining value for the unflown Segments of the partially used ticket, if any, less the change fee, toward the purchase of a new ticket. For refundable fares, Delta will apply the remaining value from the partially used ticket, if any, toward the purchase of a new ticket.
RULE 23: REFUNDS
A. Involuntary Refunds
If a refund is required because of Delta's failure to operate on schedule or refusal to transport (except as a result of passenger’s failure to comply with the contract of carriage), the following refund will be made directly to you:
1) If no portion of the ticket has been used, the refund will be an amount equal to the fare paid.
2) If a portion of the ticket has been used and termination (interruption) occurs:
a) At A Fare Breakpoint - The refund will be an amount equal to the fare paid for the unused transportation from the point of termination (interruption) to the destination or next Stopover point named on the ticket, or to a point at which transportation is to be
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resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
b) Within A Fare Component - The refund will be an amount equal to the percentage of unflown mileage to fare component total mileage by prorating the fare paid for the fare component, from the point of termination/interruption to the destination, or next Stopover point named on the ticket, or to the point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
B. Voluntary Refunds
1. Nonrefundable Tickets
Most tickets issued by Delta are nonrefundable. Delta will not refund any portion of a fare, fee or surcharge that is nonrefundable. Delta will refund taxes, fees or charges collected upon nonrefundable tickets for international carriage only where required by law or where such taxes were collected in error and the passenger submits evidence of exemption from the tax, fee or charge to Delta in connection with a timely refund request. No request for a refund of taxes, fees, or charges will be processed unless a request for the refund is received by Delta on the written or electronic forms provided by Delta within one year of the date of ticket issuance. A refund of taxes, fees, or charges will cancel any remaining credit or value on the applicable ticket. Delta may permit a portion of the fare paid for an unused nonrefundable ticket to be applied toward the purchase of future travel on Delta, or to upgrade or downgrade those tickets after purchase, as set forth in the applicable fare rule. Delta may charge an administrative service charge for processing any permitted changes to nonrefundable tickets, which will be deducted from any credit toward the purchase of future travel on Delta, or collected at the time the change is processed, as applicable.
In the event of death of the passenger prior to the date of travel, tickets issued at nonrefundable fares will be refunded to the deceased passengers’ estate upon request. When a passenger is unable to travel due to the death of a member of his/her immediate family (traveling or not) or traveling companion, Delta may waive certain fare restrictions in accordance with its written policy. A death certificate/obituary notice to support the request must be submitted in all cases and is subject to verification by Delta.
If the passenger is unable to travel due to his/her illness or physical incapacity, Delta may waive certain fare restrictions in accordance with its written policy. This also applies to the immediate family (traveling or not) and traveling companion. The illness or physical incapacity must be certified in writing by a physician on his/her letterhead stationery verifying that the passenger could not travel on the date of travel because of illness or physical incapacity.
2. Fully Refundable Tickets
If your ticket was purchased at a fare that is fully refundable, Delta will issue a refund of any unused refundable portion of your ticket at your request. You must surrender any unused portion of the ticket at the time of the refund request. No refund will be issued on any ticket unless Delta receives a request for the refund and any unused coupons are surrendered to Delta within one year of the original issue date of the ticket. The amount of the refund will be calculated as follows:
1. If no portion of the ticket has been used, Delta will refund the total fare and all taxes, fees or charges paid.
2. If a portion of the ticket has been used, Delta will refund an amount equal to (a) the total fare and all taxes, fees or charges paid, minus (b) the fare and taxes, fees or charges for the used portion of the ticket.
C. Time Limit for Refund Requests
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No refund will be issued on any ticket unless Delta receives a request for the refund and any unused coupons are surrendered to Delta within one year of the original issue date of the ticket.
D. Form of Refund
Delta will issue refunds on eligible tickets as follows:
1. Tickets paid for by credit card will be refunded to the credit card account used to purchase the ticket, typically within seven business days of Delta's initial receipt of refund request.
2. Tickets paid for by cash, if cash is accepted by Delta, will be refunded by check issued to the person named as a passenger on the ticket, typically within 20 business days of Delta's receipt of initial refund request.
3. Tickets charged under a UATP (universal air travel plan) will be refunded to the subscriber against whose account the ticket was charged.
4. Tickets issued against governmental transportation requests shall be issued as required by applicable government regulation.
5. Tickets paid with any other form of payment will be issued back to the original form of payment.
6. All refunds will be subject to government laws, rules, regulations, or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made.
7. Voluntary refunds of tickets purchased in currency other than U.S. dollars shall be made in the currency of the original purchase and in the country where such purchase was made. Voluntary refunds of tickets purchased in U.S. dollars may be made in U.S. dollars or local currency in any country, provided such refund is not prohibited by applicable law.
8. Involuntary refunds of tickets shall be made in the currency used for such purchase and in the country where such purchase was made, whenever possible. Upon the request of the passenger and where permitted by Applicable Law, Delta may in its sole discretion elect to issue the involuntary refund in USD currency or the currency of the country where the passenger is located at time of request.
E. Overcharges
No claims for overcharge shall be valid and DL shall have no liability if claim is more than 45 days after the date of issue of the ticket.
F. No Refund on Tickets Used as Evidence of Return Travel
Delta will not issue a refund on any ticket which has been presented to government officials of a country or to any carrier as evidence of intention to depart from that country unless the passenger establishes to Delta’s satisfaction that he or she has permission to remain in the country or will depart via another carrier or conveyance.
RULE 24: CURRENCY; DECLINED OR DISPUTED FORMS OF PAYMENT
Except as otherwise provided, all fares and charges are stated in dollars and cents of the lawful currency of the United States. Except as set forth in this contract of carriage, a passenger is liable for the entire ticket price and fees for an issued ticket, notwithstanding any dispute, chargeback or declined form of payment.
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Delta reserves the right to collect all such amounts at any time, including after transportation has been provided.
RULE 25: LIMITATION OF LIABILITY
INTERNATIONAL TRAVEL ON DELTA IS SUBJECT TO THE RULES RELATING TO LIMITATIONS OF LIABILITY AND ALL OTHER PROVISIONS OF THE WARSAW CONVENTION AND MONTREAL CONVENTION, AS AMENDED. FOR INFORMATION ON DELTA'S LIABILITY UNDER THE WARSAW CONVENTION AND MONTREAL CONVENTION, SEE RULE 18 OF THESE CONDITIONS OF CARRIAGE.
RULE 26: GOVERNING LAW; ENTIRE AGREEMENT
Any and all matters arising out of or relating to this Contract of Carriage and/or the subject matter hereof shall be governed by and enforced in accordance with the laws of the United States of America and, to the extent not preempted by Federal law, the laws of the State of Georgia without regard to conflict of law principles, regardless of the legal theory upon which such matter is asserted. This Contract of Carriage, including the Ticket and Fare Rules, represents the entire agreement between the parties relating to transportation by Carrier, and shall supersede all prior representations, understandings or agreements pertaining thereto, either oral or written. No other covenants, warranties, undertakings or understandings may be implied, in law or in equity.
These Conditions of Carriage are applicable except to the extent that they are contrary to applicable laws, government regulations, or orders, in which event the contrary law, regulation or order shall prevail. If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall remain valid.
The official text of this Contract of Carriage shall be the English language, and any interpretation or construction of this Agreement shall be based thereon. If this Contract of Carriage or any documents or notices relating to it are translated into another language the English version shall be controlling in the event of discrepancy between the two.
Delta shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by Delta, whether or not Delta had knowledge that such damage might be incurred. Delta shall not be liable for any damage arising out of its 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 Delta regarding such laws, regulations, orders, rules, requirements or security directives.
Election or failure by Delta to enforce any provision of the contract of carriage shall not constitute a waiver of its rights and remedies with regard to such provision or any other provision.
RULE 27: GEOGRAPHY AND COUNTRY-SPECIFIC PROVISIONS
In addition to the provisions set forth in these Conditions of Carriage, additional rules may apply to residents and citizens of certain countries which supplement each of Delta’s and the passengers obligations in these Conditions of Carriage. These provision are set forth at: HTTPS://WWW.DELTA.COM/CONTENT/WWW/EN_US/LEGAL/LEGAL-NOTICES.HTML
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A. RESIDENTS OF CERTAIN COUNTRIES AND GEOGRAPHIC REGIONS (ISRAEL, EUROPEAN UNION, KOREA, PHILIPPINES, ECUADOR, TAIWAN AND MEXICO) MAY BE SUBJECT TO ADDITIONAL LEGAL RIGHTS AND NOTICES AVAILABLE AT: HTTPS://WWW.DELTA.COM/CONTENT/WWW/EN_US/LEGAL/LEGAL-NOTICES.HTML
B. ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION IN GERMANY
1) Delta Air Lines participates in conciliation proceedings before the arbitration body söp (Schlichtungsstelle für den öffentlichen Personenverkehr e.V.).
2) The conciliation proceedings apply in the following cases:
- cancellation of flights - delay of flights - denied boarding - involuntary downgrading in a lower class - delay/damage/destruction/loss of luggage - breach of duties when carrying disabled passengers or passengers with reduced mobility 3) The conciliation proceedings can be commenced under the following conditions: - Your flight was a private flight and not a business trip. - You have already put forward your claim towards Delta Air Lines but you were not satisfied with Delta Air Line’s response or Delta Air Lines did not reply to you within 2 months. - Your claim amounts to at least € 10.00 and not more than € 5,000.00. - Your claim is not pending in court and was never pending in court. - Your claim was not settled amicably, neither in a court proceeding not before any arbitration body nor between you and Delta Air Lines directly. 4) The contact details of söp are:
söp_Schlichtungsstelle für den öffentlichen Personenverkehr e.V. Fasanenstraße 81 10623 Berlin
www.soep-online.de
C. FRENCH RESIDENTS – REFUND OF INTERNATIONAL DEPARTURE TAXES AND FEES
If the passenger fails to depart on his or her international flight, Delta will refund the applicable international departure taxes/fees related to the unused portion of the ticket upon request. The refund will be credited, at no charge to the passenger, within thirty days of the refund request provided that the request for refund is received by Delta the written or electronic forms provided by Delta in the conditions provided in Rule 23.
On non-refundable tickets, the passenger retains a credit for any unused travel segments for the remainder of the ticket validity period in the conditions provided in Rule 12. This residual ticket value can be applied to the purchase of a future ticket within the ticket validity period, subject to any applicable ticket change fees and fare difference as described in Rule 23. However, in case of tax refund request, any residual ticket value will be forfeited upon refund of the international departure taxes/fees.
D, CANADA RESIDENTS – INTERLINE BAGGAGE RULES
1. Interline Baggage Acceptance
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Definitions
"Airline Designator Code" is an identification code comprised of two-characters which is used for commercial and traffic purposes such as reservations, schedules, timetables, ticketing, tariffs and airport display systems. Airline designators are assigned by IATA. When this code appears on a ticket, it reflects the Carrier that is marketing the flight, which might be different from the Carrier operating the flight.
"Baggage Rules" are the conditions associated with the acceptance of baggage, services incidental to the transportation of baggage, allowances and all related charges.
"Down Line Carrier" is any Carrier, other than the Selecting Carrier, who is identified as providing interline transportation to the passenger by virtue of the passenger’s ticket. "Most Significant Carrier (MSC)" is determined by a methodology, established by IATA (Resolution 302), which establishes, for each portion of a passenger's itinerary where baggage is checked through to a new stopover point, which Carrier will be performing the most significant part of the service. For travelers under the Resolution 302 system, the baggage rules of the MSC will apply. For complex itineraries involving multiple checked baggage points, there may be more than one MSC, resulting in the application of differing baggage rules through an itinerary. "Most Significant Carrier (MSC) – IATA Resolution 302 as conditioned by the CTA" is determined by applying IATA Resolution 302 methodology as conditioned by the CTA. The CTA’s reservation has stipulated that only a single set of baggage rules may apply to any given interline itinerary. The aim of the Agency’s reservation is to allow the Selecting Carrier to use the MSC methodology to determine which Carrier's baggage rules apply to an international interline itinerary to or from Canada, while reinforcing the role of tariffs in the determination of which Carrier’s rules apply. "Participating Carrier(s)" include both the Selecting Carrier and Down Line Carriers who have been identified as providing interline transportation to the passenger by virtue of the passenger’s ticket. "Selected Carrier" is the Carrier whose baggage rules apply to the entire interline itinerary. "Selecting Carrier" is the Carrier whose designator code is identified on the first flight segment of the passenger’s ticket at the beginning of an interline itinerary issued on a single ticket whose origin or ultimate destination is in Canada. "Interline agreement" is an agreement between two or more Carriers to co-ordinate the transportation of passengers and their baggage from the flight of one Carrier to the flight of another Carrier (through to the next point of stopover). "Interline itinerary" means all flights reflected on a single ticket involving multiple Carriers. Only travel on a single ticket is subject to the Agency’s approach provided the origin or the ultimate ticketed destination is a point in Canada. "Interline travel" is travel involving multiple Carriers listed on a single ticket that is purchased via a single transaction. "Single ticket" is a document that permits travel from origin to destination. It may include interline/code-share and intra-line segments. It may also include end-to-end combinations (i.e., stand-alone fares that can be bought separately but combined together to form one price). "Summary page at the end of an online purchase" is a page on a Carrier’s Web site which summarizes the details of a ticket purchase transaction just after the passenger has agreed to purchase the ticket from the Carrier and has provided a form of payment. "Ultimate ticketed destination": in situations where a passenger’s origin is a non-Canadian point and the itinerary includes at least one stop in Canada, as well as at least one stop outside of Canada. If the stop in Canada is the farthest checked point and the stop is more than 24 hours, the Agency would consider the ultimate ticketed destination to be Canada. This rule is applicable to all interline itineraries issued on a single ticket whose origin or ultimate ticketed destination is in Canada. It establishes how the Carrier will determine which Carrier’s baggage rules apply to any passenger’s entire interline itinerary. For the purposes of interline baggage acceptance: i. the Carrier whose designator code is identified on the first segment of the passenger’s interline ticket will be known as the Selecting Carrier.
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ii. any Carrier who is identified as providing interline transportation to the passenger by virtue of the passenger’s ticket will be known as a “Participating Carrier”.
Baggage Rule Determination by Selecting Carrier
The Selecting Carrier will either (1) select and apply its own baggage rules as set out in its tariff to the entire interline itinerary or (2) select the Most Significant Carrier, as determined by IATA Resolution 302 and conditioned by the Canadian Transportation Agency, in order for that Carrier’s baggage rules, as established in its tariff, to apply to the entire interline itinerary. The Carrier identified by Selecting Carrier will be known as the “Selected Carrier.”
When Delta Air Lines is the Selecting Carrier, Delta Air Lines will select the Most Significant Carrier, as determined by IATA Resolution 302 and conditioned by the Canadian Transportation Agency, in order for that Carrier’s baggage rule, as established in its tariff, to apply to the entire interline itinerary.
Each Operating Carrier’s carry-on baggage allowances will apply to each flight segment in an interline itinerary. Notwithstanding, the carry-on baggage charges that will apply to the entire interline itinerary will be those of the Selected Carrier.
Baggage Rule Application by Participating Carrier Where Delta Air Lines is not the Selected Carrier on an interline itinerary but is a Participating Carrier that is providing transportation to the passenger based on the ticket issued, Delta Air Lines will apply as its own the baggage rules, with the exception of rules as to the acceptance of pets as checked baggage, of the Selected Carrier throughout the interline itinerary. As to the acceptance of pets as checked baggage, Delta’s rules will apply.
2. The Canada Air Passenger Protection Regulations may provide additional protections to passengers traveling to or from Canada. If you are denied boarding, your flight is cancelled or delayed for at least two hours, or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier (www.delta.com/appr (which is incorporated into this tariff by reference)) or visit the Canadian Transportation Agency’s website.
Le Règlement sur la protection des passagers aériens du Canada peut fournir des protections supplémentaires aux passagers voyageant à destination ou en provenance du Canada. Si l’embarquement vous est refusé, ou si votre vol est annulé ou retardé d’au moins deux heures ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour plus d'informations sur vos droits de passagers, veuillez contacter votre transporteur aérien (www.delta.com/appr (qui est incorporé dans ce tarif par référence)) ou visitez le site Web de l'Office des transports du Canada.
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DELTA DOMESTIC GENERAL RULES TARIFF [Last Modified November 05, 2018]
RULE 1: General Provisions ...... 2 RULE 2: SCHEDULES AND OPERATIONS ...... 2 RULE 3: DEFINITIONS ...... 3 RULE 4: PERSONAL DATA ...... 5 RULE 5: INTER-AIRPORT TRANSPORTATION ...... 5 RULE 6: CARRIAGE OF PERSONS WITH DISABILITIES ...... 5 RULE 7: REFUSAL TO TRANSPORT ...... 7 RULE 8: ACCEPTANCE OF CHILDREN ...... 9 RULE 9: SPECIALLY TRAINED SERVICE DOGS ...... 10 RULE 10: SMOKE FREE SERVICE ...... 11 RULE 11: PASSENGER MEDICAL OXYGEN ...... 11 RULE 12: TICKETS ...... 11 RULE 13: CONFIRMATION OF RESERVATIONS...... 12 RULE 14: CANCELLATION OF RESERVATIONS ...... 12 RULE 15: VOLUNTARY STANDBY TRAVEL ...... 13 RULE 16: FARES ...... 14 RULE 17: BAGGAGE ...... 15 RULE 18: ELECTRONIC SURVEILLANCE ...... 16 RULE 19: FLIGHT DELAYS/CANCELLATIONS ...... 17 RULE 20: DENIED BOARDING COMPENSATION...... 18 RULE 21: REROUTING ...... 21 RULE 22: REFUNDS ...... 23 RULE 23: CURRENCY; DECLINED OR DISPUTED FORMS OF PAYMENT ...... 25 RULE 24: GOVERNING LAW; ENTIRE AGREEMENT; LIMITATION OF LIABILITY ...... 25
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RULE 1: General Provisions
A. Contract of Carriage When you buy a ticket from or travel on Delta, you enter into a contract with us, and you agree to be bound by its terms. The terms of your contract are set forth in: x your Ticket; x these Conditions of Carriage; and x our published fare rules and regulations, which may govern the calculation of the fare and other charges that apply to your itinerary.
This document is Delta's Domestic Conditions of Carriage. It applies only to travel entirely within the United States of America and states the terms upon which Delta offers to transport passengers.
Any reference to “Delta” in this contract refers to Delta Air Lines, the Delta Shuttle, and the Delta Connection carriers. Some flights marketed by Delta may be operated by the other carriers. If any Carrier other than Delta is operating a flight, we will identify that Carrier in our schedules and in written or oral communications with you during the booking process. The terms of transportation applicable to Delta specified in these Conditions of Carriage apply to flights operated by the Delta Connection and Delta Shuttle carriers, and to codeshare flights marketed by Delta.
Delta may act as an agent to issue tickets, check baggage and book reservations for transportation via other Carriers which have interline agreements with Delta. For interline flights operated by other Carriers, the conditions of carriage of the operating Carrier will apply. Other Carriers may have different terms and conditions applicable to their flights, and these may be obtained directly from the other Carriers.
B. Amendments to Conditions of Carriage
Delta may amend these Conditions of Carriage at any time, except as provided by law. Your travel is governed by the rules that were in effect on the date you purchased your ticket; provided, however, that Delta reserves the right to apply rules currently in effect on the date of your travel where reasonably necessary for operational reasons and where the change in rule does not have a material negative impact upon you. No Delta employee or ticketing agent has the authority to modify any provision of the Conditions of Carriage unless authorized in writing by a Delta corporate officer.
RULE 2: SCHEDULES AND OPERATIONS
Delta will exercise reasonable efforts to transport you and your baggage from your origin to your destination with reasonable dispatch, but published schedules, flight times, aircraft types, seat assignments, and similar details reflected in the ticket or Delta’s published schedules are not guaranteed and form no part of this contract. Delta may substitute alternate Carriers or aircraft, change its schedules, delay or cancel flights, change seat assignments, and alter or omit stopping places shown on the ticket as required by its operations in Delta’s sole discretion. Delta’s sole liability in the event of such changes is set forth in Rule 22. Delta is not responsible or liable for making connections, failing to operate any flight according to schedule, changing the schedule or any flight, changing seat assignments or aircraft types, or revising the routings by which Delta carries the passenger from the ticketed origin to destination.
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RULE 3: DEFINITIONS
Animals, in addition to the usual connotation, include reptiles, birds, and fish.
Applicable Full Fare means the one-way fares, whether specifically published or derived by construction, for the class of service designated in the Carrier's official general schedule for the aircraft, or cabin of the aircraft used by the passenger.
Carrier means any air carrier shown as a participant in this tariff.
Co-Terminal - Two or more relatively adjacent airports which for the purpose of these fares will be considered the same point.
Days - Full calendar days, including weekend days and legal holidays (but not including the date that any notice is sent).
Dependent – The spouse and children of U.S. Military Personnel or U.S. embassy personnel stationed overseas who are dependent upon such personnel for financial support.
Dot Hazardous Materials Regulations means the hazardous materials regulations issued by the Materials Transportation Bureau of the Department of Transportation in Title 49 of the Code of Federal Regulations, Parts 171 through 177 (49 CFR 171-177).
Fare Component - The fare paid for the portion of the itinerary between the origin and destination/Stopover point.
Government Transport Request (GTR) - Form used for ticket payment and travel authorization for passengers traveling on official business for the federal government by the U.S.
Group means the minimum number of passengers specified in conjunction with the fare as provided for in the applicable fare rules. Less than the minimum number of passengers may not travel at group fares, even upon payment of the minimum number of fares, unless specifically permitted in a given fare rule.
Immediate Family means spouse, domestic partner, children, step-children, grandchildren, parents, step-parents, grandparents, brothers, step-brothers, sisters, step-sisters, daughters-in-law, sons-in- law, fathers-in-law, mothers-in-law, aunts, uncles, nieces, nephews, brother-in-law and sisters-in- law.
Interlining means utilizing the services of more than one Carrier in connection with a particular fare.
Military Agencies means departments of the Army, Navy and Air Force; the Marine Corps; the Coast Guard; the respective academies of the Army, Navy, Air Force and Coast Guard; and the National Guard. The Reserve Officer Training Corps is not included.
Military Passenger means military personnel of the U.S. Military Agencies who are on active duty status or who have been discharged from active military service within seven Days of the date of travel.
Person with a Disability means any person who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of
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such an impairment, or is regarded as having such an impairment. This term shall be further defined as required by applicable law, including 14 C.F.R. 382.3.
Personal Attendant means the travel companion of a Person with a Disability that is attending to the personal needs of the passenger with a disability.
Qualifying Alternative Transportation means comparable air transportation, or other transportation used by the passenger, at no extra cost to the passenger, that at the time such arrangements are made is scheduled to arrive at the passenger’s next Stopover, or, if none, final destination within two hours after the planned arrival time of the passenger’s original flight or flights.
Reroute means to issue a new ticket, or honor an existing ticket, covering transportation to the original destination, but via a different routing than that designated on the ticket.
Round Trip means any trip, the ultimate destination of which is the point of origin, and which is legal routing and comprised of an outbound and return segment. Reservations for all segments of a trip for tickets issued at round-trip fares must be confirmed in the same (a single) passenger name record (PNR)
Routing means the Carrier(s) and/or the cities and/or class of service and/or type of aircraft (jet or propeller) via which transportation is provided between two points.
Safety Assistant means a person required by Delta to travel with a Person with a Disability, pursuant to Rule 6(C): to attend to the Person with a Disability’s in-flight medical needs; to assist the Person with a Disability’s communication with crewmembers; or to assist the Person with a Disability’s evacuation from the aircraft in the event of an emergency.
Self-reliant means that a person does not require services related to a disability beyond that normally provided by the Carrier or beyond that which applicable law requires the Carrier to provide.
Standby Passenger - Passenger who will be enplaned on a flight subject to the availability of space at departure time and only after all passengers having reservations for such flight, have been enplaned on such flight. Not all flights will be available for standby. All specific standby rules are governed by Rule 15.
Stopover means a deliberate interruption of a journey by the passenger, agreed to in advance by the Carrier, at a point between the place of departure and the place of destination. Unless otherwise noted, a stopover will occur when a passenger arrives at a point and fails to depart from such point on: a) The first flight on which space is available, or b) The flight that will provide for the passenger's earliest arrival at an intermediate or junction point(s) or destination point, via the Carrier and class of service as shown on the passenger's ticket, provided however, that in no event will a stopover occur when the passenger departs from the intermediate/junction point on a flight shown in the Carrier's official general schedule as departing within four hours after arrival at such point.
United States of America- The area comprising the 50 states; the District of Columbia; Puerto Rico; the U.S. Virgin Islands; American Samoa; Kanton; Guam; Midway and Wake Islands.
U.S. Armed Forces/U.S. Military Agencies - Department of the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States of America, the respective academies of the Army, Navy, Air Force, and Coast Guard, and does not include the National Guard Bureau or the Reserve Officer Training Corps, or members of the reserves not holding a valid duty armed forces of the United States green identification card.
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U.S. Military Personnel - Unless otherwise indicated, refers only to active duty military personnel, and means Military personnel of the United States Military Agencies holding a valid active duty U.S. Armed Forces green identification card, on active duty status and traveling on authorized furlough, leave, or pass, but expressly excluding Military Personnel on temporary duty orders traveling to or from their temporary duty station.
RULE 4: PERSONAL DATA
The passenger recognizes that personal data has been given to Carrier for the purposes of making a reservation for carriage, obtaining ancillary services, facilitating immigration and entry requirements, and making available such data to government agencies. For these purposes, the passenger authorizes Carrier to retain such data and to transmit it to its own offices, other Carriers, or the providers of such services, in whatever country they may be located. All passenger information shall be handled in accordance with Delta’s Privacy Policy (https://www.delta.com/content/www/en_US/privacy-and-security.html).
RULE 5: INTER-AIRPORT TRANSPORTATION
When a metropolitan area is served by more than one airport and the passenger requires connecting service with arrival at one airport and departure from another airport, transportation between those airports must be arranged by and at the expense of the passenger. Baggage must be claimed and rechecked by the passenger.
RULE 6: CARRIAGE OF PERSONS WITH DISABILITIES
A) Acceptance for Carriage
Delta will make every effort to accommodate a Person with a Disability and will not refuse to transport a person solely based on the person’s disability, except as permitted or required by law.
B) Acceptance of Declaration of Self-Reliance
Unless Delta determines a Safety Assistant is essential for safety, pursuant to Rule 6(C), Delta will accept the determination made by or on behalf of a Person with a Disability as to self-reliance. Once advised that the person is “self-reliant”, Delta shall not refuse such passenger transportation on the basis that the Person with a Disability is not accompanied by a Personal Attendant or based on the assumption that the passenger may require extraordinary assistance from airline employees in meeting the passenger’s needs.
C) Accompanying Safety Assistant Required for Certain Passengers
Delta may require that a Safety Assistant accompany a Person with a Disability as a condition of providing transportation if Delta determines that such an assistant is essential for safety, such as in, but not limited to, the following circumstances:
1) A passenger is unable to comprehend or respond appropriately to safety related instructions due to a mental disability; 2) A passenger is unable to physically assist in the passenger’s own evacuation from the aircraft due to a severe mobility impairment; or 3) A passenger is unable to establish a means of communication with Delta personnel sufficient to receive the safety briefing due to having both severe hearing and vision impairments.
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D) Medical Clearance
Delta will not require a medical clearance for a Person with a Disability as a condition of travel, except as permitted by law. Delta may require a medical certificate when, in good faith and using its reasonable discretion, Delta determines there is reasonable doubt that a passenger can complete the flight safely without requiring extraordinary medical assistance.
E) Seating Restrictions and Assignments
When a person identifies the nature of his or her disability, Delta will, to the extent possible, accommodate the passenger with a seat assignment that suits the passenger’s needs, including seating the passenger together with any Safety Assistant or Personal Attendant traveling with the passenger. Persons with a disability will not be prohibited from occupying seats in designated emergency exit rows, except to the extent required by law.
F) Acceptance of Aids
In addition to the regular baggage allowance, Delta will accept, without charge, as priority checked baggage, mobility aids, including but not limited to:
1) an electric wheelchair, a scooter or a manually operated rigid-frame wheelchair; 2) a manually operated, folding wheelchair; 3) a walker, a cane, crutches or braces; 4) any device that assists the person to communicate; and 5) any prosthesis or medical device.
Where space permits, Delta will, without charge, permit the passenger to store a manually operated, folding wheelchair and other small mobility aids in the passenger cabin during the flight. The assembling and disassembling of mobility aids will be provided by Delta, without charge. Wheelchairs and mobility aids will be the last items to be stowed in the aircraft hold and the first items to be removed.
G) Manually Operated Wheelchair Access
To the extent permitted by space and facilities, Delta will permit a passenger using a manually operated wheelchair to remain in the wheelchair:
1) until the passenger reaches the boarding gate; 2) while the passenger is moving between the terminal and the aircraft door; and 3) while the passenger is moving between the terminal and the aircraft.
H) Service Animals
Delta will accept for transportation, without charge, a service Animal required to assist a person with a disability. To the extent possible, Delta will assign a seat to the person that provides sufficient space for the person and the service Animal. Delta will permit the service Animal to accompany the person onboard the aircraft and to remain on the floor at the person’s seat. The service Animal will not be permitted to occupy a passenger seat. To the extent permitted or required by law, Delta reserves the right to deny transportation to any service animal when reasonably necessary, in Delta’s sole discretion, for the comfort or safety of passengers or crewmembers or for the prevention of damage to the property of Delta or its passengers or employees.
I) Services to be Provided to Persons with Disabilities
Upon request, Delta will provide the following services to a Person with a Disability:
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1) assistance with registration at the check-in counter; 2) assistance in proceeding to the boarding area; 3) assistance in boarding and deplaning; 4) assistance in stowing and retrieving carry-on baggage and retrieving checked baggage; 5) assistance in moving to and from an aircraft lavatory; 6) assistance in proceeding to the general public area or, in some cases, to a representative of another Carrier; 7) transfer between the person’s own mobility aid and a mobility aid provided by Delta; 8) transfer between a mobility aid and the passenger’s seat; 9) limited assistance with meals, such as opening packages, identifying items, and cutting large food portions; 10) inquiring periodically during a flight about a passenger’s needs; and 11) briefing individual passengers with disabilities and any attendant on emergency procedures and the layout of the cabin.
J) Advance Notice for Special Services
To the extent permitted by law, Delta may require advance notice for certain special services desired by a Person with a Disability. Services applicable under this rule include but are not limited to:
1) transportation of an electric wheelchair on an aircraft of less than 60; 2) provision of hazardous materials packaging for batteries or other assistive device that are required to have such packaging; 3) accommodation for a Group of 10 or more passengers with disabilities traveling as a Group; 4) provision of an onboard wheelchair on an aircraft of 60 seats or more; 5) transportation of an emotional support or psychiatric service Animal in the cabin; 6) transportation of a service Animal on a Segment scheduled to take 8 or more hours; or 7) accommodation of a passenger with both severe vision and hearing impairments.
Such requests should be made by the passenger at the time of reservation and as far in advance as possible. If a passenger requests a special service at least 48 hours prior to departure, Delta will, to the extent possible, provide the service. If a passenger requests a service less than 48 hours prior to departure, Delta will make a reasonable effort to provide the service.
K) Boarding and Deplaning
Where a Person with a Disability requests assistance in boarding or seating or in stowing carry-on baggage, Delta will allow the passenger to board the aircraft in advance of other passengers where time permits.
L) Communication and Confirmation of Information
Delta will use reasonable efforts ensure that announcements to passengers concerning stops, delays, schedule changes, connections, on-board services, and claiming baggage are communicated to any person with a disability in a manner sufficient for the person to understand the communication.
M) Inquire Periodically
When passengers in wheelchairs that are not independently mobile are waiting to board an aircraft, Delta will inquire periodically about their needs and shall attend to those needs where the services required are usually provided by Delta.
RULE 7: REFUSAL TO TRANSPORT
Delta may refuse to transport any passenger, and may remove any passenger from its aircraft Delta Domestic General Rules Tariff Page 7 of 25
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at any time, for any of the following reasons:
A) Government Request or Force Majeure Whenever necessary to comply with any law, regulation or government directive or request; or when advisable in Delta’s sole discretion due to weather or other conditions beyond Delta’s control including Acts of God, strikes, civil unrest, embargoes, war, and other similar matters of force majeure.
B) Search of Passenger or Property
When a passenger refuses to permit search of his person or property for explosives, weapons, dangerous materials, or other prohibited items.
C) Proof of Identity When a passenger refuses to produce positive identification on request;
D) Failure to Comply with Delta’s Rules or Contract of Carriage
When a passenger fails or refuses to comply with any of Delta’s rules or regulations, or any term of the Contract of Carriage.
E) Passenger’s Conduct or Condition
Delta will not refuse to provide transportation to a Person with a Disability, as defined in 14 C.F.R. § 382.5 and 382.31, based upon the passenger’s disability, except as allowed or required by law. Delta will not refuse to provide transportation based upon race, color, national origin, religion, sex, or ancestry. Subject to those qualifications, Delta may refuse to transport any passenger, or may remove any passenger from its aircraft, when refusal to transport or removal of the passenger is reasonably necessary in Delta’s sole discretion for the passenger’s comfort or safety, for the comfort or safety of other passengers or Delta employees, or for the prevention of damage to the property of Delta or its passengers or employees. By way of example, and without limitation, Delta may refuse to transport or may remove passengers from its aircraft in any of the following situations:
1) When the passenger’s conduct is disorderly, abusive or violent, or the passenger appears to be intoxicated or under the influence of drugs; 2) When the passenger is barefoot; 3) When the passenger interferes with the flight crew’s activities, or fails to obey the instruction of any member of the flight crew; 4) When the passenger has a contagious disease that may be transmissible to other passengers during the normal course of the flight; 5) When the passenger is unable to sit in a seat with the seatbelt fastened; 6) When the passenger’s behavior may be hazardous or creates a risk of harm to himself/herself, the crew, or other passengers or to the Carrier’s aircraft and/or property, or the property of other passengers; 7) When the passenger is seriously ill, unless the passenger provides a physician's written permission to fly; or 8) When the passenger’s conduct, attire, hygiene or odor creates an unreasonable risk of offense or annoyance to other passengers.
G) Recourse of Passenger
Passengers shall not engage in any conduct that would authorize Delta to refuse transport under this Rule. The sole recourse of any passenger refused carriage or removed for any reason specified in this Rule shall be recovery of the refund value of the unused portion of his or her ticket Delta Domestic General Rules Tariff Page 8 of 25
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as provided in Rule 22.
RULE 8: ACCEPTANCE OF CHILDREN
A) Accompanied Children
(1) General Rule
Except as set forth in this Rule, children under the age of 15 will not be accepted for transportation unless they are accompanied on the same flight in the same cabin by a parent, legal guardian, or other passenger at least 18 years of age. Delta may require documentation verifying the child’s age at check-in. A valid passport, birth certificate or other government-issued identification are all acceptable.
(2) Accompanied Children Less Than 2 Years Old.
One child less than 2 years old not occupying a seat may travel with an adult fare-paying passenger at least 18 years old or parent/legal guardian at no additional charge. Additional infants, and infants occupying a seat, must pay the applicable adult fare. A maximum of 2 infants is permitted for each adult. Delta recommends that any child occupying a seat be placed in an approved safety seat. Infants who will reach their second birthday during a journey must occupy a seat and pay the applicable adult fare for the entire journey.
(3) Accompanied Children 2 Years and Older
The fare for children ages 2 years and older will be the Applicable Adult Fare.
B) Unaccompanied Children Under the age of 15.
Children under the age of 15 may travel unaccompanied on Delta only under the following conditions:
(1) Children under the age of 5
No child under the age of 5 will be accepted for unaccompanied travel.
(2) Children aged 5 through 14
Children ages 5 through 7 may travel unaccompanied on non-stop flights only and may not connect to other airlines. Children ages 8 through 14 may travel unaccompanied on Delta’s non-stop or connecting flights, but may not connect to other airlines with the exception of Delta Connection, KLM and Air France.
C) Unaccompanied Minor Service
(1) When Unaccompanied Minor Service is Required
Except as otherwise provided in this Rule, Unaccompanied Minor Service is required for all passengers under the age of 15 that Delta accepts for transportation.
(2) Unaccompanied Minor Service Defined
Unaccompanied Minor Service means that Delta will provide supervision for the child from the time of boarding until the child is met at the stop over point or destination. Delta will assume no financial or guardianship responsibilities for unaccompanied children beyond Delta Domestic General Rules Tariff Page 9 of 25
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those applicable to an adult passenger. Delta has the right, but is not obligated to require identification of the responsible party meeting the child at a transfer point or final destination. An unaccompanied minor must be confirmed to destination and may not be confirmed on the last connecting flight of the evening (with the exception of markets where there is only one connection and it is the last flight of the day, or for flights to or from Alaska or Hawaii), nor may an unaccompanied minor travel on a flight expected to terminate short of, or bypass, the child’s destination. Delta may temporarily suspend unaccompanied minor travel and/or rebook the child on an alternate flight if there is a possibility that weather, irregular operations, or other conditions may cause a flight to be diverted. Delta requires that a parent or responsible adult accompany the child until boarding, and this adult must provide the name, telephone number, and address of the party meeting the child at the transfer point or final destination. Delta reserves the right to refuse to release an unaccompanied child to anyone other than the pre-designated party. Delta representatives cannot administer medicine to children flying alone. An unaccompanied minor may not travel on any domestic flight greater than 2 hours in length which departs between 9 PM and 5 AM (“red-eye flight”). This restriction does not apply for red-eye flights to/from Hawaii and Alaska, however, an unaccompanied minor on a red-eye flight from Hawaii or Alaska may not connect to a domestic red-eye flight or to the last flight of the day unless it is the only flight option for the day.
D) Unaccompanied Children Ages 15-17
Although not required, a parent or guardian may request Unaccompanied Minor Service for unaccompanied minors ages 15-17. The applicable unaccompanied minor service charge will apply.
E) Unaccompanied Minor Service Charge
In addition to the applicable fare, unaccompanied minors for whom Unaccompanied Minor Service is required or has been requested must pay an unaccompanied minor service charge in the amounts set forth below. Delta reserves the right to refuse to transport any unaccompanied minor for whom Unaccompanied Minor Services are required or requested but for whom the applicable unaccompanied minor service fee has not been paid. If 2 or more unaccompanied minors who are members of the same Immediate Family and ticketed together are traveling together, only one service charge will be assessed.
The unaccompanied minor service charge will be specified at: https://www.delta.com/content/www/en_US/traveling-with-us/special-travel- needs/children.html and is incorporated by reference.
RULE 9: SPECIALLY TRAINED SERVICE DOGS
Delta accepts for transportation, without charge, dogs trained: (1) to lead the blind, when the dog accompanies a passenger with impaired vision dependent upon such dog; (2) to assist the deaf, when the dog accompanies a passenger with impaired hearing dependent upon such dog; (3) to assist the physically and psychiatrically impaired passengers dependent upon such dog, or (4) in explosive detection or search and rescue, only when such dogs are accompanied by U.S. military and U.S. government handlers. In the cases of (1) and (2) above, Delta will also accept such dogs when accompanied by the dog’s trainer and is en-route to the domicile of the owner for completion of training. In all cases, the service dog will be permitted to accompany such passenger into the cabin but will not be permitted to occupy a seat.
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RULE 10: SMOKE FREE SERVICE
Delta prohibits smoking and the use of all smokeless tobacco products (including e-cigarettes) on all flights.
RULE 11: PASSENGER MEDICAL OXYGEN
On flights operated by Delta or Delta Connection, only portable oxygen concentrators (POCs) approved by the FAA are accepted for inflight medical oxygen. A 48-hour notice is required. Please see https://www.delta.com/content/www/en_US/traveling-with-us/special-travel-needs/disabilities.html to obtain information regarding the required medical certificate from a licensed physician and medical screening prior to flight. Medical screening service is provided by Delta at no cost to the passenger. If the passenger makes any voluntary change to his/her itinerary after completion of the medical screening, re-screening may be required. Passengers using POCs on a Delta flight must be seated in a row other than an emergency exit or bulkhead.
RULE 12: TICKETS
A) You must present a valid ticket for transportation, which entitles you to transportation only between points of origin and destination via the ticketed routing.
B) Tickets are not transferable. The purchaser of the ticket and the passenger are responsible for ensuring that the ticket accurately states the passenger's name. Presentation of a ticket for transportation by someone other than the passenger named on the ticket renders the ticket void.
C) Tickets are valid for travel only when used in accordance with all terms and conditions of sale.
D) Where a ticket is invalidated as the result of the passenger's non-compliance with any term or condition of sale, Delta may:
A) Cancel any remaining portion of the passenger's itinerary or bookings,
B) Confiscate any unused portion of the ticket,
C) Refuse to board the passenger or check the passenger's baggage, and/or
D) Assess the passenger for the reasonable remaining value of the ticket, which shall be no less than the difference between the fare actually paid and the lowest fare applicable to the passenger's actual itinerary.
E) Ticket Expiration
A ticket is valid for one year from the date of issue, and all travel must be completed within the validity period. If exchanged, whether travel has commenced or not, the ticket must be reissued and all travel completed within one year from the original date of issue. However, certain fares may have different periods of validity, in which case the specific rules associated with the fare will apply. If the passenger is prevented from using the ticket, or a portion of the ticket, before the one-year expiration date due to lack of space or flight cancellation, the ticket will remain valid until space can be provided.
F) An electronic ticket (E-Ticket/ET) is the record of agreement maintained and processed within the Carrier’s electronic reservation system. A written receipt is provided to the purchaser of the electronic ticket which contains a reference for retrieving the record within the Carrier’s Delta Domestic General Rules Tariff Page 11 of 25
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reservation system and summary of the ticket information. The Carrier may mandate the issuance of an electronic ticket (ET) regardless of market, Carrier, form of payment, and customer type (including SkyMiles and participating Carrier frequent flyer members).
G) External Reissue Charge
Delta will collect a nonrefundable fee of USD $50.00 for reissue by Delta of tickets originally issued in the United States or Canada by any ticketing source other than Delta, however, the charge does not apply to same day confirmed transactions, IROP or schedule change situations, SkyMiles upgrade reissues, tickets reissued on delta.com, or tickets issued at military or government fares. This fee applies to all changes to tickets issued at the request of the passenger.
H) Capacity Limitations
Delta will limit the number of passengers carried on any one flight in any fare class or cabin, and such fares and fare classes will not necessarily be available on all flights or in all markets. The number of seats which Delta makes available on a given flight is determined by Delta’s best judgment of the anticipated t otal passenger load on each flight.
RULE 13: CONFIRMATION OF RESERVATIONS
No reservation on Delta is valid until the availability and allocation of the reserved space is confirmed by Delta or its agent and entered in Delta’s electronic reservations system.
Unless an earlier ticketing deadline is imposed by the applicable fare rule or other agreement between Delta and the passenger, Delta must receive payment and the reservation must be ticketed at least 30 minutes prior to the scheduled flight departure time. Failure to comply with this ticketing deadline or an earlier ticketing deadline imposed by the applicable fare rule or other agreement with the passenger will result in cancellation of the reservation without notice. A list of airports imposing an earlier ticketing deadline is set forth at delta.com and incorporated herein by reference.
RULE 14: CANCELLATION OF RESERVATIONS
A) Delta Will Cancel reservations of any passenger whenever such action is necessary to comply with any governmental regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond its control.
B) The Transportation Security Agency’s (TSA) Secure Flight Program requires that Delta collect the following additional information from passengers when making a reservation to fly within, into or out of the United States and reservations for point-to-point international flights operated by U.S.- based airlines:
1) Full Name (required), as it appears on government-issued I.D. approved for use when traveling 2) Date of Birth (required) 3) Gender (required) 4) Redress Number (optional)
Delta may cancel your reservation if the reservation does not include the required Secure Flight
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Passenger Data (full name, date of birth and gender) at least 72 hours prior to your scheduled departure. This cancellation policy applies to all Delta tickets, including tickets for our codeshare partners’ flights.
C) Failure To Appear If you fail to appear for any flight in your itinerary without giving Delta notice in advance of the departure of the flight, Delta may cancel your reservation for all remaining flights in your itinerary.
D) Airport Check-In Time Limits
1) Reservations Subject to Cancellation for Failure to Meet Check-in and Boarding Deadlines
Your reservation may be cancelled if you do not comply with all applicable check-in procedures by the check-in deadline for your flight, or if you not at the gate and ready for boarding by the applicable boarding deadline. The check-in and boarding deadlines in effect on the date of travel will apply and are posted on delta.com.
2) Passenger Responsibility to Allow Sufficient Time
You must arrive at the airport with sufficient time to comply with all check-in procedures, complete security screening, comply with all other government requirements and departure processing, and arrive at the gate by the applicable boarding deadline. Delta will not delay flights for passengers who are not at the gate and ready to board on time, and is not liable for any loss or expense due to the passenger’s failure to comply with this provision.
RULE 15: VOLUNTARY STANDBY TRAVEL
Tickets may not be used for voluntary standby travel on any flight other than the ticketed flight unless expressly permitted by the fare rules of the ticket. When voluntary standby travel on another flight is permitted, the following provisions apply:
1) Voluntary standby travel is subject to the availability of seats at departure time in the same cabin as originally ticketed and does not guarantee transportation on the requested flight(s) including the origin, downline, or connecting flights. Request for voluntary standby travel may be made up to 24 hours prior to original ticketed departure time. Notwithstanding anything set forth herein, Same Day Paid Standby travel is not permitted for Basic Economy fares.
2) Voluntary standby travel is limited to passengers with a confirmed ticketed reservation for a later flight on the same day of travel. Delta will not permit changes to the origin, destination, or co-terminals, or to the routing for fares that are flight-specific or require specific routing.
3) Delta reserves the right to charge a nonrefundable same day standby fee when a passenger requests to standby for an alternate flight for which the passenger does not hold a confirmed reservation. The fee, if any, may be assessed based on each Segment from the passenger’s origin to destination or next point of stop over. These fees will be charged if the passenger flies any portion of the Segment, therefore, passengers that are removed at intermediate points on through flights and/or voluntarily deplaned at a destination other than the destination for which the fee was intended will not be eligible for a partial or whole refund. Refer to delta.com for current standby fees.
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4) Delta is not liable to pay compensation, including but not limited to, denied boarding compensation and amenities, for a failure to provide transportation and/or accommodate the passenger’s request for voluntary standby travel.
5) Delta reserves the right to discontinue accepting and placing passengers on the airport standby list.
6) Eligibility for same day standby is at Delta’s discretion and may be restricted based on operational considerations or limited to selected flights, specified booking classes, payment by credit card only. Eligibility may also be restricted by the fare rules governing the passenger’s ticket.
7) Delta may choose to accommodate passengers from the airport standby list in any specified order and may take into account ticket value, frequent flyer status, check-in time, and other factors.
8) Delta reserves the right to limit the number of passengers on the airport standby list, only accept the passenger’s standby request at an airport location, and limit the minimum and maximum time frames that airport standby listing is allowed.
RULE 16: FARES
A) Fares Applicable Only For Ticketed Itinerary
Fares apply for travel only between the points for which they are published. Tickets may not be issued at fare(s) published to and/or from a more distant point(s) than the points being traveled, even when issuance of such tickets may produce a lower fare.
B) Erroneous Fares
Delta will exercise reasonable efforts to ensure that all fares it publishes are accurate and available for sale, but Delta, as a policy, does not file nor intend to file tickets priced at a zero fare or that are erroneous or reasonably apparent as erroneous. If an erroneous fare is inadvertently published for sale and a ticket is issued at the erroneous fare before it has been corrected, Delta reserves the right to cancel the ticket purchase and refund all amounts paid by the purchaser or, at the purchaser’s option, to reissue the ticket for the correct fare.
C) Circumvention of Published Fares
Delta prohibits ticketing practices intended to circumvent the published fare that Delta intends to offer for your true itinerary. These practices include:
1) Back to Back Ticketing - The purchase or usage of two or more tickets issued at round trip fares, or the combination of two or more round trip fares end to end on the same ticket for the purpose of circumventing minimum stay requirements.
2) Throwaway Ticketing - The purchase or usage of round trip fares for one way travel.
3) Hidden City/Point Beyond Ticketing - The purchase or usage of a fare from a point before the passenger's actual origin or to a point beyond the passenger's actual destination.
D) When the fare between any 2 points is not specifically published via the desired routing, the fare will be constructed by combining two or more separate fares, via the desired routing from the passenger’s point of origin to point of destination, which produce the lowest fare for the class of Delta Domestic General Rules Tariff Page 14 of 25
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service used; provided, however, that combined fare will not exceed the lowest fare determined in accordance with this rule and the applicable fare rules. Delta’s direct sales channels will offer customers the lowest applicable published fare for itineraries between points in the United States on Delta, Delta Connection, Delta Shuttle and Delta Codeshare flights for the flights, dates and class of service requested to which our representatives have access. Please note that Delta will quote lowest published fare that we offer for the specific airports and type of itinerary that you request. We do not search for or quote fares for other itineraries, including by combining one-way or other fares. Fares not accessible directly from Delta may include, but are not limited to, unpublished fares, consolidator fares, negotiated fares, tour or package fares, and discounts available only via Internet web sites.
E) Duplicate, Fictitious and impossible/illogical bookings
Delta prohibits duplicate, impossible, or fictitious bookings, including but not limited to multiple conflicting itineraries for the same passenger on the same day or bookings with connections that depart before the arrival of the inbound flight. Delta reserves the right to cancel any such booking which has not been ticketed, and to cancel and refund any such booking which is ticketed at a refundable fare.
RULE 17: BAGGAGE
A. Checked and Carry-On Baggage Policies and Restrictions Ticketed passengers may check baggage and carry baggage on board Delta aircraft, subject to this rule. Delta’s baggage policies and baggage fees are available at www.delta.com/bags and are incorporated by reference as if set forth in this contract of carriage. These policies restrict the quantity, size and weight of baggage, and govern the carriage of hazardous and dangerous goods, and special items (such as sporting equipment, medical equipment and mobility aids, musical instruments, and fragile and perishable items).
B. Baggage Liability
1. General Limitation of Liability for Loss of, Damage to, or Delay in Delivery of Baggage Delta’s liability for loss, damage, or delay in the delivery of a passenger's checked baggage, carry-on baggage, or other personal property tendered to Delta in connection with air transportation on Delta shall be limited to proven damage or loss. Actual value for reimbursement of lost or damaged property shall be determined by the documented original purchase price less any applicable depreciation for prior usage. Under no circumstances shall the liability for loss, damage, or delay in the delivery of baggage exceed $3,500 per fare-paying passenger. These limitations shall also apply to baggage or personal property if and to the extent accepted by Delta for temporary storage at a city or airport ticket office or elsewhere before or after the passenger's trip.
2. Preexisting Damage/ Ordinary Wear and Tear Delta is not liable for preexisting damage (including minor cuts, scratches, and broken zippers as a result of over packing) or for wear and tear resulting from ordinary handling of baggage.
3. Special Items
a) Wheelchairs and Personal Assistive Devices The maximum liability limitations set forth above shall not apply to claims for loss, damage, or delay in the delivery of wheelchairs or other assistive devices. Delta will accept these items as checked baggage regardless of packaging, but will not be responsible for repair or replacement of such items due to damage existing at the time of acceptance (which will be noted by Delta on a release form at the time of acceptance). Delta Domestic General Rules Tariff Page 15 of 25
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b) No Liability for Loss or Damage to Fragile, Perishable, or Precious Items Not Identified to Delta at the Time of Check-In Delta is not liable for any loss or damage to precious items, nor for deterioration or spoilage resulting from delay in delivery of any perishable items, nor for damage to or damage caused by, fragile articles that are unsuitably packed, if such items are included in the passenger's checked baggage without Delta’s knowledge. The passenger must identify such items to Delta at the time of check-in.
c) Fragile or Perishable Items Accepted Pursuant to Limited Liability Release Delta is not liable for loss, damage, or delay in the delivery of a passenger's baggage or other property accepted by Delta pursuant to the execution of a Limited Liability Release form executed by the passenger for the purpose of inducing Delta to carry the item, except as expressly provided by the Limited Liability Release.
4. Loss Due To Government or Airport Action Delta is not liable for loss, damage, or delay of a passenger’s checked baggage, carry-on baggage, wheelchair or assistive device, or any personal item that may result from a security search of such items conducted by an agent of any local, state, or federal agency in charge of airport security screening, or from confiscation by an agent of any local, state, or federal agency.
5. Time Limitations for Baggage Claims Delta is not liable for any loss, damage, or delay in the delivery of baggage arising out of or in connection with transportation of, or failure to transport any baggage unless notice of a claim is presented to a Delta office within 24 hours after the alleged occurrence of the events causing the claim, and unless the action is commenced within one year after such alleged occurrence. Any notification received within 24 hours that informs Delta of the nature of the claim will suffice, and Delta may deny any claim not presented within 24 hours of the alleged occurrence. Written notification of loss must be received by Delta's system baggage within 21 Days after the alleged occurrence, and Delta may deny any claim for failure to provide written notice within 21 Days.
6. Carriage By Multiple Carriers When the transportation includes Delta and one or more Carriers with a limitation of liability exceeding $3,500 for each fare-paying passenger and responsibility for loss, damage, or delay in delivery of baggage cannot be determined, the liability limit of $3,500 for each fare-paying passenger will be applied to all Carriers. Whenever responsibility for loss, damage, or delay in delivery of baggage cannot be determined and when transportation is via Delta and one or more Carriers which exclude certain items in checked baggage from their liability, Delta will not be liable for the excluded items.
C. Governing Rules for Domestic Codeshare Flights When the passenger’s travel involves domestic flights operated by a Delta domestic codeshare partner other than a Delta Connection carrier, the baggage rules of the marketing carrier on the first Segment of a round trip, or the marketing carrier on the first Segment of each one way trip will govern when determining baggage acceptance policies and applicable baggage fees. Notwithstanding the foregoing, the baggage liability provisions set forth above shall govern the liability of Delta and/or any Delta Connection carrier with respect to any transportation subject to this contract of carriage.
RULE 18: ELECTRONIC SURVEILLANCE
Passengers and their baggage are subject to inspection with an electronic detector with or without the passenger's consent or knowledge.
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RULE 19: FLIGHT DELAYS/CANCELLATIONS
A. Delta’s Liability in the Event of Schedule Changes, Delays and Flight Cancellations
If there is a flight cancellation, diversion, delay of greater than 90 minutes, or that will cause a passenger to miss connections, Delta will (at passenger’s request) cancel the remaining ticket and refund the unused portion of the ticket and unused ancillary fees in the original form of payment in accordance with Rule 22. If the passenger does not request cancellation and refund of the remaining portion of the ticket, Delta will transport the passenger to the destination on Delta’s next flight on which seats are available in the class of service originally purchased. At Delta’s sole discretion and if acceptable to the passenger, Delta may arrange for the passenger to travel on another Carrier or via ground transportation. If acceptable to the passenger, Delta may provide transportation in a lower class of service, in which case the passenger may be entitled to a partial refund. If space on the next available flight is available only in a higher class of service than purchased, Delta will transport the passenger on the flight, although Delta reserves the right to upgrade other passengers on the flight according to its upgrade priority policy to make space in the class of service originally purchased. Delta will not be liable under any circumstances for any special, incidental or consequential damages arising from the foregoing.
B. Delta’s Liability for Additional Amenities in the Event of Schedule Changes, Delays and Flight Cancellations
Except as provided above, Delta shall have no liability if the flight cancellation, diversion or delay was due to force majeure. As used in this rule, “force majeure” means actual, threatened or reported:
(1) Weather conditions or acts of God; (2) Riots, civil unrest, embargoes, war, hostilities, or unsettled international conditions; (3) Strikes, work stoppages, slowdowns, lockout, or any other labor-related dispute; (4) Government regulation, demand, directive or requirement; (5) Shortages of labor, fuel, or facilities; or (6) Any other condition beyond Delta’s control or any fact not reasonably foreseen by Delta.
However, when a passenger’s travel is interrupted for more than 4 hours after the scheduled departure time as a result of flight cancellation or delay on the date of travel other than from force majeure, Delta will provide the passenger with the following additional amenities during the delay:
(a) Hotels
If overnight accommodations are available at Delta contracted facilities, Delta will provide the passenger with a voucher for one night’s lodging when the delay is during the period of 10:00 pm to 6:00 am. Delta will provide free public ground transportation to the hotel if the hotel does not offer such service. If accommodations are not available, Delta will provide the passenger with a voucher that may be applied to future travel on Delta equal in value to the contracted hotel rate, up to $100 USD.
(b) Ground Transportation
In lieu of lodging or other amenities, Delta will furnish ground transportation to the destination airport if a passenger’s flight is diverted to an alternative airport and if the destination on the ticket and the diverted airport destination are within the following city Delta Domestic General Rules Tariff Page 17 of 25
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groups:
San Francisco, CA (SFO)/ Oakland, CA (OAK)/ San Jose, CA (SJC) Los Angeles, CA (LAX)/ Long Beach, CA (LGB)/ Ontario, CA (ONT)/ Santa Ana, CA (SNA) Denver, CO (DEN)/ Colorado Springs (COS) O’Hare – Chicago, IL (ORD)/ Midway – Chicago, IL (MDW) Dallas-Ft. Worth, TX (DFW)/ Dallas, TX Love Field (DAL) Bush Intercontinental – Houston, TX (IAH)/ Hobby – Houston, TX (HOU) Fort Lauderdale, FL (FLL)/ Miami, FL (MIA)/ West Palm Beach, FL (PBI) Baltimore, MD (BWI)/ National – Washington, DC (DCA)/ Dulles – Washington, DC (IAD) Newark, NJ (EWR)/ LaGuardia – New York, NY (LGA)/ John F. Kennedy – New York, NY (JFK) Orlando, FL (MCO)/ Tampa, FL (TPA)/ Daytona Beach, FL (DAB)/ Melbourne, FL (MLB)/Sarasota Bradenton, FL (SRQ)
(c) Additional Amenities
Delta will provide such additional or alternative amenities as are necessary to maintain the safety and/or welfare of customers with special needs such as unaccompanied children and customers with disabilities. Such amenities will be furnished consistent with special needs and/or circumstances.
C. Extended Tarmac Delays – Codeshare Services
In the event of extended tarmac delays on flights operated by a Delta codeshare partner, the contingency plan for lengthy tarmac delays of the operating Carrier will apply.
RULE 20: DENIED BOARDING COMPENSATION
A) Overbooking of Flights Because passengers with confirmed reservations on a flight sometimes fail to show, Delta reserves the right to sell more tickets for travel on each flight than there are seats available on the aircraft. In some cases, this may result in a flight in which Delta cannot accommodate one or more passengers with confirmed reservations (an “oversold flight”). Delta may deny boarding to passengers with confirmed reservations on an oversold flight as set forth in this rule. The rights of passengers who are denied boarding shall be governed by this rule.
B) Request For Volunteers Before denying boarding to any passenger holding a confirmed reservation on an oversold flight, Delta will ask other passengers on the flight to voluntarily give up their seat in exchange for compensation in an amount and form to be determined by Delta in its sole discretion. If a sufficient number of volunteers agree to give up their seats in response to Delta’s offer, then no passenger with a confirmed reservation will be involuntarily denied boarding due to the oversale of the flight. If there are more volunteers than required, selection of the volunteer(s) to receive compensation will be determined in Delta’s sole discretion.
C) Involuntary Denied Boarding If an insufficient number of passengers volunteer to give up their seats in response to Delta’s offer, Delta may involuntarily deny boarding to one or more passengers on the oversold flight according to the following boarding priority rules:
1) Passengers Holding Tickets for Travel in Premium Cabin, SkyMiles members identified with a Diamond Medallion (“DM”), Platinum Medallion (“PM”), or Gold Medallion (“GM”)
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elite-status designation, and passengers holding tickets purchased under a DL corporate travel agreement.
Passengers holding tickets for confirmed space in the First or Business class cabin, SkyMiles members identified with a DM, PM, or GM elite-status designation, and passengers holding tickets purchased under a DL corporate travel agreement will be accommodated before other passengers holding tickets and/or boarding passes for confirmed space in the Coach cabin.
2) Passengers With Boarding Passes
Subject to the terms set forth in Rule 20(c)(1) and (4), passengers holding boarding passes who check in and present themselves at the departure gate in compliance with Rule 13 will be accommodated before passengers traveling in the same cabin who have not been issued boarding passes or who fail to comply with applicable check-in requirements. Subject to the availability of seats on the aircraft, boarding passes may be obtained by passengers who hold tickets for confirmed reserved space in the following manner:
a) for passengers traveling on electronic tickets, through the Online Check-in feature on Delta.com within 24 hours of scheduled departure
b) for passengers traveling on electronic tickets, through a Delta airport kiosk within four hours of scheduled departure
c) from a Delta airport ticket counter and/or the check-in desk located in the departure area.
3) Passengers Without Boarding Passes
Passengers with confirmed reservations who have not been issued a boarding pass and present themselves at the departure gate in compliance with Rule 13 will be accommodated according to the following priority rules:
a) Passengers who have been rebooked to the present flight as a result of an irregular operation (e.g., delay, cancellation) of a previously booked flight.
b) SkyMiles members identified with a Silver Medallion (“FO”) elite-status designation.
c) Passengers with a SkyTeam Elite or Elite Plus status.
d) Passengers without any elite-status designation.
Within each of the foregoing groups, passengers are prioritized first by class of service and then by time of check-in.
4) Special Needs Passengers
Because of the special needs of passengers with disabilities, unaccompanied minors, and aged or infirm passengers, and active members of the U.S. Armed Forces on travel orders, Delta reserves the right to accommodate such passengers without regard to the boarding priorities established by this provision.
D) Transportation For Passengers Denied Boarding Delta Domestic General Rules Tariff Page 19 of 25
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Delta will provide transportation to passengers who volunteer to relinquish their seats or who are denied boarding involuntarily due to the oversale of a flight as follows:
1) Next Available Flight
Delta will transport the passenger on its next flight on which space is available to the passenger’s next Stopover, or if none, to the passenger’s destination, at no additional cost to the passenger.
2) Transportation on Other Airlines
At Delta’s sole discretion, Delta may instead arrange for transportation on any other Carrier or combination of Carriers to the passenger’s next Stopover, or if none, to the passenger’s destination, at no additional cost to the passenger.
3) Overnight Stay Required
If the transportation provided to a passenger pursuant to this section requires that the passenger stay overnight before continuing his/her travel, Delta will provide hotel accommodations to the passenger at no additional cost. If hotel accommodations are unavailable, Delta will compensate the passenger with a credit voucher valid for future purchases from Delta in an amount commensurate in value with the local average contracted hotel rate up to $100 USD, to be determined by Delta.
E) Compensation For Involuntary Denied Boarding When a passenger with a confirmed reservation is involuntarily denied boarding on an oversold flight pursuant to this rule, Delta’s sole liability to the passenger shall be to provide alternative transportation as provided in paragraph D, above, and to pay denied boarding compensation, if applicable, pursuant to the terms and conditions of this rule.
1) Conditions For Payment of Involuntary Denied Boarding Compensation The passenger shall not be entitled to any compensation for involuntary denied boarding if:
a) Passenger’s Failure to Comply with Contract of Carriage The passenger has not complied fully with Delta’s contract of carriage or tariff provisions regarding ticketing, reconfirmation, check-in, or acceptability for transportation
b) Substitution of Equipment The flight for which the passenger holds confirmed space is unable to accommodate that passenger because of substitution of equipment of lesser capacity when required by operational or safety reasons; or, on an aircraft with a designed passenger capacity of 60 or fewer seats, the flight for which the passenger holds confirmed reserved space is unable to accommodate that passenger due to weight/balance restrictions when required by operational or safety reasons.
c) Carriage in Alternative Cabin Delta offers to accommodate the passenger in a section of the aircraft other than that specified on his/her ticket at no extra charge; provided however that if a passenger is seated in a section for which a lower fare applies, the passenger will be entitled to a refund of the difference in fare.
d) Alternative Transportation Delta arranges comparable air transportation, or other transportation used by the passenger, at no extra cost to the passenger, that at the time such arrangements are Delta Domestic General Rules Tariff Page 20 of 25
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made is scheduled to arrive at the passenger’s next Stopover, or, if none, final destination within one hour after the planned arrival time of the passenger’s original flight or flights.
F) Amount of Involuntary Denied Boarding Compensation If all conditions for compensation are met, then Delta shall pay compensation to passengers involuntarily denied boarding in an amount to be calculated as follows:
1) When Delta arranges Qualifying Alternative Transportation If Delta arranges Qualifying Alternative Transportation, then Delta will pay denied boarding compensation in an amount equal to 200% of the fare (including any surcharges and air transportation taxes) to the passenger’s next Stopover, or if none, to his/her final destination, but no more than $675.00.
2) Where Delta cannot arrange Qualifying Alternative Transportation If Delta cannot arrange Qualifying Alternative Transportation, then Delta will pay denied boarding compensation in an amount equal to 400% of the fare (including any surcharges and air transportation taxes) to the passenger’s next Stopover, or if none, to his/her final destination, but no more than $1350.00.
G) Time of Payment for Involuntary Denied Boarding Compensation If all conditions for compensation are met, Delta will pay any involuntary denied boarding compensation on the day and at the place where the denial of boarding occurred, in cash or immediately negotiable check; provided, however, that if the alternative transportation arranged for the passenger’s convenience departs before the payment can be made to the passenger, then payment will be made by mail or other means within 24 hours after the denied boarding occurs.
RULE 21: REROUTING
A General Provisions
1. Fare Applicable To Rerouting Or Change In Destination a. Unless otherwise specified in the fare rule, a passenger may change the routing, destination, Carrier(s), class of service, or dates of travel specified on an unused ticket in accordance with paragraph 2) below, provided that, after transportation has commenced, a one- way ticket will not be converted into any other type of ticket (such as a round-trip, circle-trip or open-jaw trip ticket).
b. Except as otherwise provided in Rule 19, the fares and charges applicable, when a rerouting or change in ultimate destination is made at passenger's request prior to arrival at the ultimate destination named on the original ticket, shall be the applicable fare and charges for the entire revised itinerary in effect on the date that the rerouting or change in ultimate destination is entered on the passenger's new ticket.
c. Rule 12(E) applies for validity of voluntarily exchanged/reissued tickets.
2. Fare Applicable To Upgrading Class Of Service While In Flight When a passenger moves from one class of service to another while in flight, an additional collection will be made in an amount equal to the difference between:
1. The one-way fare applicable to the class of service used from passenger's point of origin on such flight to the last scheduled stop prior to the passenger's change in class of service, plus the one-way fare in the new class of service from such stop to the passenger's destination on such flight, and Delta Domestic General Rules Tariff Page 21 of 25
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2. The fare paid for transportation from the passenger's origin to destination on such flight.
When the amount described in 1) above is less than the amount described in 2) above, no additional collection will be made. The acceptance of such passenger in the class of service to which he/she is moving for travel beyond the next scheduled stopping point in the flight is subject to availability. Discounts will not apply.
B. Ticket reissue procedures
-Unless otherwise specified in a fare rule, the following procedures will apply to Delta ticket reissues.
For nonrefundable fares: - If the value of the new ticket is lower than the ticket being reissued, the difference in ticket price, less the change fee, will be provided to the passenger in the form of a non- refundable Delta travel voucher at the time of reissue. - If the value of the new ticket is equal to or higher than the ticket being reissued, the change fee and any difference in fare will be collected at the time of reissue.
For refundable fares: - If the value of the new ticket is lower than the ticket being reissued, any difference In fare will be refunded to the original form of payment at the time of reissue. - If the value of the new ticket is higher than the ticket being reissued, the difference in fare will be collected at the time of reissue.
-Flights must be rebooked and the ticket reissued at the time of the change.
1. Unused tickets a. When making changes to the outbound portion of an unused ticket, Delta will cancel the itinerary and start over, issuing a new ticket using current fares subject to all applicable fare rules. If the unused fare is nonrefundable, the value of the original ticket, less the change fee, may be applied toward the purchase of the new ticket. If the unused fare is refundable, the value of the original ticket may be applied toward the purchase of a new ticket. b. When making changes to the continuing/return portion of unused tickets, Delta will apply one of the following procedures resulting in the lowest fare: i. Attempt to keep the fares as ticketed, using historical fares in effect on the date of the original ticket issue date and maintaining the original fares and origin/destination for all fare components. Delta will validate all fare rules at the time of reissue. -OR- ii. Reprice the itinerary using historical fares in effect on the date of the original ticket issue date, validating all fare rules and booking code provisions at the time of reissue with no changes to the first fare component. -OR- iii. Cancel the itinerary and start over, issuing a new ticket using current fares with all fare rules validated. If the unused fare is nonrefundable, the value of the original ticket less the change fee may be applied toward the purchase of a new ticket. For refundable fares, the value of the original ticket may be applied toward the purchase of a new ticket. 2. Partially Used Tickets a. When making changes to partially used tickets, Delta will apply one of the following procedures resulting in the lowest fare: i. Attempt to keep the fares as ticketed using historical fares in effect on the date of the original ticket issue date and maintaining the original fares and Delta Domestic General Rules Tariff Page 22 of 25
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origin/destination for all fare components. No changes are permitted to fully flown fare components, and Delta will validate all fare rules at the time of reissue. -OR- ii. Reprice the itinerary using historical fares in effect on the date of the original ticket issue date, validating all fare rules and booking code provisions at the time of reissue with no changes to fully flown fare components. The new ticket may be a lower or equal or higher value than the previous ticket -OR- iii. Reprice the itinerary, replacing the fares of the flown fare components with historical fares in an equal or the next available higher booking class and replacing the unflown fare components using historical fares. No changes are permitted to the fare break points of the fully flown fare components and the historical fares are those in effect on the date of the original ticket issue date. Delta will validate all fare rules at the time of reissue. The new ticket may be a lower or equal or higher value than the previous ticket. The Carrier will use the following booking class hierarchy (displayed from highest to lowest) when replacing fares for flown fare components: First Class/Delta One – F P A G J C D I Z Delta One – J C D I Z Delta Comfort+ –W Main Cabin – Y B M H Q K L U T X V Basic Economy - E
-OR-
iv. Issue a new ticket using current fares and validating all fare rules at the time of reissue. If the original fare is nonrefundable, the Carrier will apply the remaining value for the unflown Segments of the partially used ticket, if any, less the change fee, toward the purchase of a new ticket. For refundable fares, Delta will apply the remaining value from the partially used ticket, if any, toward the purchase of a new ticket.
C. Same Day Confirmed Unless otherwise specified in the fare rules, a passenger holding a nonrefundable ticket may change to another flight to the same destination operated by Delta or a Delta Connection carrier on the same day, subject to the policies set forth at https://www.delta.com/content/www/en_US/traveling-with-us/ticket-changes-refunds/sameday- travel-changes.html and incorporated herein.
RULE 22: REFUNDS
A. Involuntary Refunds
If a refund is required because of Delta's failure to operate on schedule or refusal to transport (except as a result of passenger’s failure to comply with the contract of carriage), the following refund will be made directly to you:
1) If no portion of the ticket has been used, the refund will be an amount equal to the fare paid.
2) If a portion of the ticket has been used and termination (interruption) occurs:
a) At A Fare Breakpoint - The refund will be an amount equal to the fare paid for the unused transportation from the point of termination (interruption) to the destination or Delta Domestic General Rules Tariff Page 23 of 25
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next Stopover point named on the ticket, or to a point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
b) Within A Fare Component - The refund will be an amount equal to the percentage of unflown mileage to fare component total mileage by prorating the fare paid for the fare component, from the point of termination/interruption to the destination, or next Stopover point named on the ticket, or to the point at which transportation is to be resumed. No refund will apply when alternate transportation is provided by Delta and accepted by the passenger.
B. Voluntary Refunds
1. Nonrefundable Tickets
Most tickets issued by Delta are nonrefundable. Delta will not refund any portion of a fare that is nonrefundable, and Delta will not refund any taxes, fees or charges collected upon nonrefundable tickets. Delta may permit a portion of the fare paid for an unused nonrefundable ticket to be applied toward the purchase of future travel on Delta, or to upgrade or downgrade those tickets after purchase, as set forth in the applicable fare rule. Delta may charge an administrative service charge for processing any permitted changes to nonrefundable tickets, which will be deducted from any credit toward the purchase of future travel on Delta, or collected at the time the change is processed, as applicable.
In the event of death of the passenger prior to the date of travel, tickets issued at nonrefundable fares will be refunded to the deceased passengers’ estate upon request.
2. Fully Refundable Tickets
If your ticket was purchased at a fare that is fully refundable, Delta will issue a refund of any unused refundable portion of your ticket at your request. You must surrender any unused portion of the ticket at the time of the refund request. No refund will be issued on any ticket unless Delta receives a request for the refund and any unused coupons are surrendered to Delta within one year of the original issue date of the ticket. The amount of the refund will be calculated as follows:
1. If no portion of the ticket has been used, Delta will refund the total fare and all taxes, fees or charges paid.
2. If a portion of the ticket has been used, Delta will refund an amount equal to (a) the total fare and all taxes, fees or charges paid, minus (b) the fare and taxes, fees or charges for the used portion of the ticket.
C. Time Limit for Refund Requests
No refund will be issued on any ticket unless Delta receives a request for the refund and any unused coupons are surrendered to Delta within one year of the original issue date of the ticket.
D. Form of Refund
Delta will issue refunds on eligible tickets as follows:
1. Tickets paid for by credit card will be refunded to the credit card account used to purchase the ticket, typically within seven business days of Delta's initial receipt of refund request.
2. Tickets paid for by cash, if cash is accepted by Delta, will be refunded by check issued to the person named as a passenger on the ticket, typically within 20 business days of Delta's receipt of initial refund request. Delta Domestic General Rules Tariff Page 24 of 25
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3. Tickets charged under a universal air travel plan will be refunded to the subscriber against whose account the ticket was charged.
4. Tickets issued against governmental transportation requests shall be issued as required by applicable government regulation.
5. Tickets paid with any other form of payment will be issued back to the original form of payment.
D. Overcharges
No claims for overcharge shall be valid and DL shall have no liability if claim is more than forty five (45) days after the date of issue of the ticket.
RULE 23: CURRENCY; DECLINED OR DISPUTED FORMS OF PAYMENT
Except as otherwise provided, all fares and charges between points in the United States are stated in dollars and cents of the lawful currency of the United States. Except as set forth in this contract of carriage, a passenger is liable for the entire ticket price and fees for an issued ticket, notwithstanding any dispute, chargeback or declined form of payment. Delta reserves the right to collect all such amounts at any time, including after transportation has been provided.
RULE 24: GOVERNING LAW; ENTIRE AGREEMENT; LIMITATION OF LIABILITY
Any and all matters arising out of or relating to this Contract of Carriage and/or the subject matter hereof shall be governed by and enforced in accordance with the laws of the United States of America and, to the extent not preempted by Federal law, the laws of the State of Georgia without regard to conflict of law principles, regardless of the legal theory upon which such matter is asserted. This Contract of Carriage, including the Ticket and Fare Rules, represents the entire agreement between the parties relating to transportation by Carrier, and shall supersede all prior representations, understandings or agreements pertaining thereto, either oral or written. No other covenants, warranties, undertakings or understandings may be implied, in law or in equity.
Delta shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by Delta, whether or not Delta had knowledge that such damage might be incurred. Delta shall not be liable for any damage arising out of its 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 Delta regarding such laws, regulations, orders, rules, requirements or security directives.
Election or failure by Delta to enforce any provision of the contract of carriage shall not constitute a waiver of its rights and remedies with regard to such provision or any other provision.
Delta Domestic General Rules Tariff Page 25 of 25
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