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Old Mar 15, 2019, 8:45 pm
  #25  
mikew99
 
Join Date: Feb 1999
Location: San Jose, California, USA
Programs: AS 100K, UA MM, AA MM, IC Plat Amb, Marriott Gold, Hilton Gold, Hyatt Explorist
Posts: 3,146
Originally Posted by Often1
This is simply incorrect. One cannot pick out snippets without reading the entire provision.

If only because the DOT rule by its terms has a specific exclusion for flights operated by foreign (to the US) carriers and provides that the entire Part (of the Rule) applies only to "all flights to and from the U.S. of a foreign carrier if the carrier operates scheduled passenger service." 14 CFR 259.2 (Applicability).

This language is unsurprising as neither the US government nor its DOT has jurisdiction over flights between places outside the US.

That said, and to get back on topic, all three of the US legacy carriers: AA, UA, and DL, initially complained bitterly about the Rule. They now all have cancellation policies which exceed the minimum required by the Rule. That is largely because consumers value it and offering it is considered brand-enhancing and not costing particularly much.

That does not help OP.
The repeated discussion about "jurisdiction" of flights outside the U.S. is not relevant, because this issue pertains to the purchase of tickets (in the U.S., by consumers in the U.S.) from the airline, over which the DOT does assert jurisdiction.

I've read this U.S. DOT's rule many times over the past few years, and I come to the same conclusion each time: The rule applies based on the purchase of the ticket in the U.S. ("each U.S. and foreign air carrier that has a website marketed to U.S. consumers"). I've linked to the thread containing relevant documents above; if you could share additional links which say otherwise, the I will (happily) stand corrected.

I agree this is not relevant to the OP; I just wanted to correct the notion that somehow the U.S. DOT rule on purchases within the U.S. does not apply simply because the flight itself is not to/from the U.S.
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