May 10, 2020, 2:55 pm
Last edit by: rustykettel
Alaska Airlines schedule change options and refund policy
Schedule changes are defined in Alaska's Contract of Carriage Rule 1:
Note that IRROPS has separate definitions (as "Schedule Irregularity") and different options in Rule 8C.
Schedule Change options are in Rule 8D
Schedule Change means:
- The cancellation of a scheduled flight where no Alaska flight of comparable routing is available within sixty (60) minutes of the original time of departure; or
- A change in the scheduled departure time of an Alaska flight which exceeds sixty (60) minutes; or
- A change in the routing of a scheduled Alaska flight which adds one (1) or more stops to the original itinerary; or
- A change in the routing of an Alaska scheduled flight that results in a scheduled arrival time more than sixty (60) minutes later than the original scheduled arrival time; or
- Any change in the arrival time of an Alaska flight that results in a misconnection to any flight shown in the same reservation and Ticket.
Schedule Change options are in Rule 8D
D. Change in Schedule: Flight schedules are subject to change without notice, and the times shown on Alaska's published schedules, Tickets, timetable and advertising are not guaranteed and form no part of this Contract of Carriage. At times, without prior notice to Passengers, Alaska may need to substitute other aircraft and may change, add, or omit intermediate stops. Alaska cannot guarantee that Passengers will make Connections to other flights by Alaska or by other Carriers. In the event of flight Schedule Changes or service withdrawals, Alaska will attempt to notify affected Passengers as early as possible. Alaska will promptly provide Passengers the best available information regarding known delays, cancellations, misconnections and diversions, but Alaska is not liable for any misstatements or other errors or omissions in connection with providing such information. No employee, agent or representative of Alaska can bind Alaska legally by reason of any statements relating to flight status or other information.
When a ticketed, confirmed Passenger will be delayed because of a change in Alaska's schedule as defined in Rule 1 (Schedule Change), Alaska will arrange to:
When a ticketed, confirmed Passenger will be delayed because of a change in Alaska's schedule as defined in Rule 1 (Schedule Change), Alaska will arrange to:
- Transport the Passenger to his/her destination or next ticketed Stopover point on another Alaska flight on which space is available in the same or higher class of service than reflected on the Passenger's Ticket at no additional charge; or
- Refund according to Rule 17.
Exception 1: When an Alaska Schedule Change results in the cancellation of all Alaska service between two cities, Alaska will reroute Passengers holding confirmed reservations on Alaska between such cities over the lines of one or more other Carriers at no additional cost to the Passenger.
Exception 2: Change in schedule does not include Force Majeure Events.
Refunds on Flights Cancelled by Alaska
Apr 3, 2020, 8:51 pm
#16
Join Date: Jan 2006
Location: SFO
Programs: Alaska MVP, SWA Free Companion Award Winner, UA
Posts: 82
But even if I had written that I was more entitled than anyone else, that doesn't make a difference, the airline is supposed to refund the money, according to the DOT. The DOT rules don't say "see footnote 1: people with a strong feeling of entitlement should not be refunded".
Apr 3, 2020, 9:24 pm
#17
Join Date: Dec 2008
Location: Delta, BC
Posts: 1,646
Nah. Just a one page letter to the airline stating that COV19 rendered travel impossible due to travel to an area that is under mandatory quarantine, and the ticket needs to be refunded at full face value.
But even if I had written that I was more entitled than anyone else, that doesn't make a difference, the airline is supposed to refund the money, according to the DOT. The DOT rules don't say "see footnote 1: people with a strong feeling of entitlement should not be refunded".
But even if I had written that I was more entitled than anyone else, that doesn't make a difference, the airline is supposed to refund the money, according to the DOT. The DOT rules don't say "see footnote 1: people with a strong feeling of entitlement should not be refunded".
Did the airline cancel or make a significant schedule change or did you elect not to fly?
Apr 3, 2020, 9:42 pm
#19
A FlyerTalk Posting Legend
Join Date: Dec 2000
Location: Shanghai
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If the flight is still scheduled to operate, I don't think they are required to provide you with a refund.
Apr 3, 2020, 10:28 pm
#20
FlyerTalk Evangelist
Join Date: Jul 2003
Posts: 23,037
The DOT has also been reminding carriers that it is not an option to refuse refunds for cancelled flights. They will take enforcement actions if carriers refuse.
https://www.cnbc.com/2020/04/03/coro...-are-axed.html
https://www.cnbc.com/2020/04/03/coro...-are-axed.html
Apr 3, 2020, 10:37 pm
#22
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Join Date: Jul 2003
Posts: 23,037
Similar situation for my mid-April flight.
Is it really common for us to have to wait UNTIL THE DAY OF for them to officially cancel the flight on their end?!
If so, then how does one go about trying to get cash refund?
Their policy is that the ticket has to be cancelled prior to the departure time.
If they cancel the flight 2 hours before or something, well I presume there's a long hold time on the phone (can't cancel for cash refund online, correct?), and I'm also working.
Seems an impossible situation, unless they announce cancellation at least 24hrs prior.
Is it really common for us to have to wait UNTIL THE DAY OF for them to officially cancel the flight on their end?!
If so, then how does one go about trying to get cash refund?
Their policy is that the ticket has to be cancelled prior to the departure time.
If they cancel the flight 2 hours before or something, well I presume there's a long hold time on the phone (can't cancel for cash refund online, correct?), and I'm also working.
Seems an impossible situation, unless they announce cancellation at least 24hrs prior.
See here -- https://www.airliners.net/forum/viewtopic.php?t=1443279
and here -- https://www.airliners.net/forum/viewtopic.php?t=1443661
Unfortunately, the fall off in demand has been greater than anticipated and they haven't been able to keep up and have been doing more close-in cancellations. However, generally these are at least 24 hours prior to flights from looking at Flightaware cancellations. You can check whether or not your flight has been cancelled or just had it's inventory zeroed out at flightavailability.bcdtravel.com.
Last edited by xliioper; Apr 3, 2020 at 10:46 pm
Apr 4, 2020, 12:15 am
#23
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Originally Posted by transportation.gov
Airlines have long provided such 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.
As far as I am aware, AS has been following this. They have with my trips.
Apr 4, 2020, 2:13 am
#24
Join Date: Sep 2001
Location: los angeles, calif.
Programs: Alaska Airlines Gold MVP
Posts: 7,170
If your flight is cancelled, they are required to refund to original form of payment. If there is a significant schedule change (usually 2 hours or more), also required. DOT reaffirmed this. They didn’t change the rules or expand upon them.
Otherwise, no requirement.
Otherwise, no requirement.
Apr 4, 2020, 5:11 am
#25
Join Date: Jul 2001
Posts: 702
The Department of Transportation issued an emergency notification to commercial carriers today. That notice, among other things, affirmed that the airlines are required to offer refunds for conditions that would cause the travel to not be able to occur , or in other words, corona virus.
"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."
There's no question that customers whose flights are cancelled or experience a major schedule change would be entitled to a refund of their ticket. I don't believe there is a requirement for a carrier to provide a refund if the customer's plans change, however, including simply electing not to take the flight - even if it's for a really good reason.
If the flight is cancelled, customers would be entitled to either a credit, or a refund, whichever they'd prefer. If the flight is still scheduled to operate as before, however, I do not believe a refund is required to be offered.
I realize we're in uncharted waters here, so I'll gladly stand corrected if the DOT is breaking new ground, but the document you've shared appears to support my conclusions above.
Apr 4, 2020, 1:21 pm
#26
Join Date: Jan 2006
Location: SFO
Programs: Alaska MVP, SWA Free Companion Award Winner, UA
Posts: 82
I'm no attorney, but I believe you may have misread the DOT's notification; here's the key point, emphasis mine:
"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."
There's no question that customers whose flights are cancelled or experience a major schedule change would be entitled to a refund of their ticket. I don't believe there is a requirement for a carrier to provide a refund if the customer's plans change, however, including simply electing not to take the flight - even if it's for a really good reason.
If the flight is cancelled, customers would be entitled to either a credit, or a refund, whichever they'd prefer. If the flight is still scheduled to operate as before, however, I do not believe a refund is required to be offered.
I realize we're in uncharted waters here, so I'll gladly stand corrected if the DOT is breaking new ground, but the document you've shared appears to support my conclusions above.
"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."
There's no question that customers whose flights are cancelled or experience a major schedule change would be entitled to a refund of their ticket. I don't believe there is a requirement for a carrier to provide a refund if the customer's plans change, however, including simply electing not to take the flight - even if it's for a really good reason.
If the flight is cancelled, customers would be entitled to either a credit, or a refund, whichever they'd prefer. If the flight is still scheduled to operate as before, however, I do not believe a refund is required to be offered.
I realize we're in uncharted waters here, so I'll gladly stand corrected if the DOT is breaking new ground, but the document you've shared appears to support my conclusions above.
I think you are right. However, if a federal or state agency preempts your ability to travel, because to do so would break the law, that's something that is force majeure. But you can't keep a consumer's money, due to inability to fulfill their side of the contract because by doing so would force them to break the law.
That's where preemption comes into play, you can not enact a policy at a company that preempts federal or state law. Period. That's the point that is being made here, if a contract for carriage is only deliverable if you were to break the law, that policy is illegal. In other words, the airline can not tell you to break the law in order to comply with contract for carriage - and if you decide to not break the law, that they can keep your money.
At least, precedent and jurisprudence would seem to indicate as such.
Apr 4, 2020, 1:32 pm
#27
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Nice switcharoo; someone points out the DOT guidance doesn’t say what you said it does (as it doesn’t govern flights that aren’t cancelled) and you change the argument to one that doesn’t rely on that guidance. Do you deal three-card Monte and practice law?
Good luck on your lawsuit. Do keep us informed how it goes. I’m perfectly fine with credits for future flights for my non-cancelled flights; I suppose you think this inadequate. Enjoy your lawsuit.
Good luck on your lawsuit. Do keep us informed how it goes. I’m perfectly fine with credits for future flights for my non-cancelled flights; I suppose you think this inadequate. Enjoy your lawsuit.
Apr 4, 2020, 1:44 pm
#28
Join Date: Jan 2004
Location: Portland, Or USA
Posts: 1,800
I think you are right. However, if a federal or state agency preempts your ability to travel, because to do so would break the law, that's something that is force majeure. But you can't keep a consumer's money, due to inability to fulfill their side of the contract because by doing so would force them to break the law.
That's where preemption comes into play, you can not enact a policy at a company that preempts federal or state law. Period. That's the point that is being made here, if a contract for carriage is only deliverable if you were to break the law, that policy is illegal. In other words, the airline can not tell you to break the law in order to comply with contract for carriage - and if you decide to not break the law, that they can keep your money.
At least, precedent and jurisprudence would seem to indicate as such.
That's where preemption comes into play, you can not enact a policy at a company that preempts federal or state law. Period. That's the point that is being made here, if a contract for carriage is only deliverable if you were to break the law, that policy is illegal. In other words, the airline can not tell you to break the law in order to comply with contract for carriage - and if you decide to not break the law, that they can keep your money.
At least, precedent and jurisprudence would seem to indicate as such.
Apr 4, 2020, 1:54 pm
#29
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I got Spirit to refund for a canceled flight. Their initial response was that I was given full credit. I told them that I was entitled to a full refund since they canceled the flight as outlined in the DOT rules. At that point they offered to refund to my original form of payment.
Apr 4, 2020, 3:28 pm
#30
Join Date: Jan 2010
Programs: UA, AS
Posts: 2,393
You are entitled to a refund.
https://www.transportation.gov/brief...mpact-covid-19
Enforcement Notice Final April 3 2020_0
https://www.transportation.gov/brief...mpact-covid-19
Enforcement Notice Final April 3 2020_0
UNITED STATES OF AMERICADEPARTMENT OF TRANSPORTATIONOFFICE OF THE SECRETARY WASHINGTON, D.C. ENFORCEMENT NOTICE REGARDING REFUNDS BY CARRIERS GIVEN THE UNPRECEDENTED IMPACT OF THE COVID-19 PUBLIC HEALTH EMERGENCY ON AIR TRAVEL
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.1 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 governmentrestrictions).2 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. 3Accordingly, 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, or significantly delays a flight to be a violation of the carriers’ obligation that could subject the carrier to an enforcement action.4
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.1 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 governmentrestrictions).2 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. 3Accordingly, 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, or significantly delays a flight to be a violation of the carriers’ obligation that could subject the carrier to an enforcement action.4