Rule 24 from the contract of carriage:

C) Change in Schedule - When a Passenger’s Ticketed flight is affected because of a Change in Schedule, CO will, at its
election arrange one of the following:

1) Transport the Passenger on its own flights, subject to availability, to the Destination, next Stopover point, or
transfer point shown on its portion of the Ticket, without Stopover in the same class of service, at no additional
cost to the Passenger, provided that a Passenger who paid a Coach fare will only be transported on a flight in First
Class or Business First Class Service subject to seat availability and if such flight will provide an earlier arrival
than CO’s next flight on which coach space is available;
2) Reroute Passengers over the lines of one or more carriers when a Change in Schedule results in the cancellation of
all CO service between two cities;
3) Advise the Passenger that the value of his or her Ticket may be applied toward future travel on Continental within
one year from the date of issue without a change or reissue fee; or
4) Provide a refund in accordance with Rule 27 A) if the Passenger is not transported as provided in C) 1) or 2) above and does not choose to apply the value of his or her Ticket toward future travel as provided in C) 3) above.


I can not be reading this correctly. The way I read it paragraph C says CO has choices 1-4 in event of schedule change. "at its election" would mean that its CO's choice. So they can:

1) take you on their flight when available
2) take you on another carrier if they cancel service
3) issue voucher
4)refund if they did not do 1 or 2 and voucher is rejected by passenger.

Paragraph 4 seems to imply that passenger has a right to reject voucher. Otherwise it would seem that CO can just choose 3 and issue voucher and never even offer refund. Basically take money, change schedule and then give back voucher.

The bigger issue to me seems that their is no right of refund. Again I read at its election to mean that CO can just choose choice 1 and not offer a refund. Choice 1 does not have any requirements so that transportation could occur an hour, a day, a week or 6 months later.

If I am reading this correctly, CO could sell a ticket, eliminate flight for that day, accomodate you 24 hours later, and refuse to issue a refund when you objected. This would all make sense if it said "at the passenger's election", but is says "at its election", with it meaning CO. So what am I doing wrong here?

Are you trying to dissect the rules, or do you have a situation you're trying to deal with?

If it's a situation, please post the details, and FTers will provide advice. If you want to dissect the CoC, hire a lawyer.

He's trying to get a better answer to his other thread from today regarding a schedule change. Not sure why we need a new thread to discuss it when one already exists

Actually I am not trying to apply to any certain fare situation. I posted earlier today but that has been resolved. CO let my buddy change his flights to DCA and issued a voucher for the difference. I just happened to start reading in the meantime, and this made me very curious.

Also I am a lawyer. What I am getting at is that this does not look kosher. I am most likely missing something, but the way its worded seems very unfair to me. I am not saying that CO practices this. However whether or not they practice what they write, you should have a contract that is fundamentally fair. My interpretation of it is fundamentally unfair. Its contracts like these (assuming it really is the way I read it) that will have me look elsewhere when I do not need to fly CO. I read AA's contract and to me it reads much more pro consumer.

I think that we should not be so quick to dismiss any questions regarding the contract. And it is good to understand the rules. All I am saying is that the way I read the rules they are very unfair. I am admitting that I am probably misinterpreting something, and giving CO the benefit of the doubt, I am trying to understand what that is.

Truth be told, if my interpretation is the way the contract really is, then I will avoid CO and encourage friends and family to do so. You should not do business with contracts that are so one sided even if they are not normally enforced.

It might be a good idea to read the C of C of any alternative airline before kissing off Continental.

Remember that you have the right to stay home and keep your money in your pocket.