Rule 240
#2
Original Member
Join Date: May 1998
Location: Pasadena, CA. USA
Posts: 1,438
Welcome to Flyertalk, J.E.B.! Try Rule of the Air by Terry Trippler at http://www.onetravel.com/rules/rules.cfm
#6
A FlyerTalk Posting Legend
Join Date: May 1999
Posts: 46,817
https://www.passengerrights.com/ is also a useful site as is http://www.bestfares.com/member/desk.../10012751L.asp - particularly after the fact.
[This message has been edited by doc (edited 02-18-2000).]
[This message has been edited by doc (edited 02-18-2000).]
#8


Join Date: Dec 1999
Location: WN Companion, DL Diamond, AA Platinum
Posts: 716
These "rules" you refer to are in regards to the carrier's Contract of Carriage. Although a "rule" might be stated, it can often be ruled out as an option.
For example, if a flight is running late, the carrier can "Rule 240" you to another carrier. The other carrier will accept the ticket and bill the airline directly. That's all, there is no "requirement" as the word "rule" may imply at times. Why do I say this? In most cases, the carrier can deem itself not liable. This includes, but is not limited to, mechanical delays.
[This message has been edited by Miles Man for more clarity of his statement(edited 02-19-2000).]
[This message has been edited by Miles Man (edited 02-19-2000).]
For example, if a flight is running late, the carrier can "Rule 240" you to another carrier. The other carrier will accept the ticket and bill the airline directly. That's all, there is no "requirement" as the word "rule" may imply at times. Why do I say this? In most cases, the carrier can deem itself not liable. This includes, but is not limited to, mechanical delays.
[This message has been edited by Miles Man for more clarity of his statement(edited 02-19-2000).]
[This message has been edited by Miles Man (edited 02-19-2000).]
#10


Join Date: Oct 1999
Location: St. Louis, MO
Posts: 2,061
Miles Man,
You need to consult the rules because that's exactly what they are. The airlines are required to adhere to the Contract of Carriage. There is no option, though I'm sure they'd prefer you not know this.
Certainly in the case of mechanical you are well within your rights to demand Rule 240 treatment. Up to and including full refund of that portion of the flight. It's only in the case of Force Majeure (ie: weather) events when things become optional.
Most airlines define non-Force Majeure delays as "schedule irregularities". In these instances, even for the smallest delay you have the right to invoke the Contract of Carriage. Please, Miles Man, do a little research before you post erroneous information.
You need to consult the rules because that's exactly what they are. The airlines are required to adhere to the Contract of Carriage. There is no option, though I'm sure they'd prefer you not know this.
Certainly in the case of mechanical you are well within your rights to demand Rule 240 treatment. Up to and including full refund of that portion of the flight. It's only in the case of Force Majeure (ie: weather) events when things become optional.
Most airlines define non-Force Majeure delays as "schedule irregularities". In these instances, even for the smallest delay you have the right to invoke the Contract of Carriage. Please, Miles Man, do a little research before you post erroneous information.
#11
Original Member




Join Date: May 1998
Location: Tucson, Southern Arizona, North America, Western Hemisphere, The Earth, a small planet in the solar system. Previously OnePass Infinite Platinum Elite, now over entitled 1K
Posts: 2,293
The airlines are required to provide a copy of the Contract of Carriage if you request it.
It is probably a good idea to request a copy for any airlines that you frequently travel on. The rules will vary a bit from airline to airline, and are subeject to change. It is the tariff in effect on the date that you purchase our ticket that applies.
I have noticed that the rules at onetravel.com may not be up to date.
It is probably a good idea to request a copy for any airlines that you frequently travel on. The rules will vary a bit from airline to airline, and are subeject to change. It is the tariff in effect on the date that you purchase our ticket that applies.
I have noticed that the rules at onetravel.com may not be up to date.
#12


Join Date: Dec 1999
Location: WN Companion, DL Diamond, AA Platinum
Posts: 716
Anyone is required to adhere to a contract, I thought that was the obvious part. I apologize if I didn't clearly state this. tfjim lets remember to stay friendly and help each other, not becoming insulting to one another. Please be more tactful.
The point that I was trying to make was that airlines often exculde almost anything in their contract that can delay them. My example was a mechanical delay. If i've never read a Contract of Carriage before I would have never of found the following:
"Carrier shall not be liable or responsible for any failure or delay in operating any flight due to causes beyond the Carrier's control, including but not limited to, acts of God, governmental actions, fire, weather, mechanical difficulties <---, strikes or labor disputes or inability to obtain fuel for the flight in question."
Now thats a lot of exclusions! Anyone of these could cause a "slight delay". This was my example of how sometimes a rule can be mistaken as a requirement.
The point that I was trying to make was that airlines often exculde almost anything in their contract that can delay them. My example was a mechanical delay. If i've never read a Contract of Carriage before I would have never of found the following:
"Carrier shall not be liable or responsible for any failure or delay in operating any flight due to causes beyond the Carrier's control, including but not limited to, acts of God, governmental actions, fire, weather, mechanical difficulties <---, strikes or labor disputes or inability to obtain fuel for the flight in question."
Now thats a lot of exclusions! Anyone of these could cause a "slight delay". This was my example of how sometimes a rule can be mistaken as a requirement.
#13


Join Date: Dec 1999
Location: WN Companion, DL Diamond, AA Platinum
Posts: 716
I also think it's important to point out that "rule 240" will be different for each airline, depending on that carrier's Contract of Carriage. Some carrier's may not even have a "rule 240" thus making it hard to define.
Old Gold had the best suggestion, get a copy of the contract from the carrier you fly the most. Most carriers will only provide a copy of the contract when requested in writing through their head office.
Old Gold had the best suggestion, get a copy of the contract from the carrier you fly the most. Most carriers will only provide a copy of the contract when requested in writing through their head office.
#14
Join Date: May 1999
Location: New York City
Programs: UA MM-1P, Hilton Life Diamond, Marriot Life Gold, ICH Spire
Posts: 4,080
I think the point of invoking Rule 240 is that airline agents will often try to deflect passengers' reasonable requests for re-accomodation by claiming that they "can't do" something-or-other. When Rule 240 makes it clear that they certainly can, the issue becomes whether they want to bother to do it or not. Since you've now proven that they've either just lied to you, or, at best, been mistaken, what was impossible a moment ago may have just become possible.
#15


Join Date: Oct 1999
Location: St. Louis, MO
Posts: 2,061
Hmm, I thought I was being eminently tactful, the things I could have said...
Anyway, I'm most worried about folks not as saavy as we are when it comes to airline travel coming onto a board like this. When they read a message like MilesMan's, that, while not misleading, could lead the uninformed to allow the airlines to dictate circumstances when in fact they have certain rights due to them.
I think it's necessary to strongly emphasize that one knows of one's rights in these situations. I try to make my posts useful to all. I'll work on my politeness.
Anyway, I'm most worried about folks not as saavy as we are when it comes to airline travel coming onto a board like this. When they read a message like MilesMan's, that, while not misleading, could lead the uninformed to allow the airlines to dictate circumstances when in fact they have certain rights due to them.
I think it's necessary to strongly emphasize that one knows of one's rights in these situations. I try to make my posts useful to all. I'll work on my politeness.





