Common use of Failure to Operate as Scheduled Clause in Contracts

Failure to Operate as Scheduled. A. Whenever Carrier cancels or otherwise fails to operate a flight due to an unforeseeable reason, Carrier will, at the request of the Passenger, either (i) transport the Passenger on another of Carrier’s flights on which space is available at no additional charge, or (ii) provide Passenger with a full refund in accordance with Section 25. Except as may be provided in Section 25, Carrier shall have no other liability or responsibility to any Passenger as a result of a failure to operate any flight. UNDER NO CIRCUMSTANCES SHALL CARRIER BE LIABLE TO ANY PASSENGER FOR ANY TYPE OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Failure to Operate as Scheduled. A. a. Whenever Carrier cancels or otherwise fails to operate a flight due to an unforeseeable reasonany scheduled flight, Carrier will, at the request of the Passenger, either (i) transport the Passenger on another of Carrier’s flights on which space is available in the same class of service at no additional charge, or (ii) provide Passenger with a full refund in accordance with Section 2526. Except as may be provided in Section 2537, Carrier shall have no other liability or responsibility to any Passenger as a result of a failure to operate any flight. UNDER NO CIRCUMSTANCES SHALL CARRIER BE LIABLE TO ANY PASSENGER FOR ANY TYPE OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.