What is an airline contract of carriage?

What does a contract of carriage cover?

Each carrier writes its own version, and the rules differ from airline to airline. [3] They include provisions such as check-in deadlines, refund procedures and responsibility for delayed flights. [3]

American Airlines titles its document Conditions of Carriage, updated 13 August 2026. [2] It applies to all transportation of passengers and bags that American provides, alongside the terms printed on the ticket, ticket jacket or ticket receipt, published fare rules, and applicable tariffs filed with the US Department of Transportation; those documents are incorporated into the agreement by reference. [2]

American's version is broad: it carries separate sections on baggage and baggage liability, ticket types and refunds, schedule changes, oversold flights, and the responsibilities a passenger must meet before boarding. [2]

How do you see the contract before you fly?

For travel within the US, an airline may hand over all of its contract terms on or with the ticket at the time of purchase, a route some small commuter carriers take. [3] Others incorporate the terms by reference, meaning the rules sit in a separate document that a passenger can inspect on request or read on the airline's website. [3]

Incorporation by reference brings duties with it. The airline must give conspicuous written notice with each ticket that it is incorporating terms and that those terms may include liability limitations, claim-filing deadlines and check-in deadlines; it must let passengers get an explanation of key terms wherever its tickets are sold, keep the full text available at its own airport and city ticket offices, and mail a free copy on request. [3] Most large US airlines are also required to post the document on their website. [3]

Terms that restrict refunds, impose monetary penalties or allow the airline to raise the price after purchase carry extra notice requirements, and a rule incorporated by reference without the required notice does not bind the passenger. [3]

How does a contract of carriage rank against a regulator's rules?

The airline writes the document, but it operates inside rules set by government. [3] The US Department of Transportation describes the contract of carriage as the airline-specific rules behind a ticket and warns that parts of its own consumer guide may have been superseded by statute or rulemaking. [3]

Where a regulator sets a minimum, the contract usually points to it. American's conditions state that involuntary denied boarding compensation follows Department of Transportation rules, and that liability for international travel is governed by the Montreal Convention and the Warsaw Convention and is not subject to change or modification by American. [2] Its choice-of-law clause applies Texas law only to the extent federal law does not preempt it. [2]

American lists the same 200% and 400% figures with the same $1,075 and $2,150 caps. [2] Where a ticket shows no fare, such as a frequent flyer award ticket, the Department of Transportation bases compensation on the lowest cash, check or credit card payment charged for a ticket in the same class of service on that flight. [3] Volunteers who give up a seat are treated differently: the department has not mandated the form or amount of their compensation, though airlines must tell a volunteer whether they might be bumped involuntarily and what would then be due. [3]

Does a call-centre agent's promise change the contract?

Not on American's terms. Its conditions say the contract cannot be modified or waived unless authorised in writing by an American Airlines corporate officer, that links to other pages on its site are for information and are not part of the contract, and that although the conditions are translated for convenience, the English language version is the official legal version. [2]

One clause matters when a fare looks too good: if American sells a fare in error, including through computer or third-party error, it reserves the right to cancel the ticket, but it will void the ticket, give a full refund and notify the passenger within 72 hours after learning of the mistake, or at least 24 hours before departure if the ticket was bought less than 72 hours before departure. [2]

Which clauses matter before a tight connection?

• The schedule is not a promise. American states that its flight schedule is not guaranteed and is not part of the contract, and that it is not liable if a flight is late, if a passenger misses a connection, if a schedule changes, if a flight or route is cancelled, or if checked baggage arrives late, except as required by statute, regulation or Convention. [2] The Department of Transportation makes the same point about schedules. [3]
• Deadlines decide whether you are protected at all. In most cities American requires check-in at least 45 minutes before scheduled departure within the US and 60 minutes for flights to or from airports outside the US, with some airports requiring earlier arrival; passengers must be at the gate 30 minutes before domestic departures and 45 minutes before international ones, and boarding ends 15 minutes before departure. [2] The Department of Transportation notes that missing a check-in deadline can cost a passenger the reservation and the right to compensation if the flight is oversold. [3]
• Rebooking is written down; hotel rooms often are not. American says it will rebook a cancelled flight or a connection-threatening delay on the next American flight with seats at no extra cost, and on a partner airline at no extra cost if no American flight is available until the next day and the disruption is American's fault. [2] If the disruption is American's fault or the passenger is diverted and is not boarded before 11:59 p.m. local time on the scheduled arrival day, American arranges an overnight stay or covers an approved hotel, and it does not guarantee reimbursement for a hotel booked without written authorisation. [2] For delays outside its control it says the passenger pays for hotel and meals, and the Department of Transportation notes there are no federal requirements for airline amenities during a delay. [2] [3]
• The refund trigger is written down. American refunds a non-refundable ticket, or its unused part, to the original form of payment if it cancels the flight or makes a schedule change of more than four hours to the departure time. [2] If a disrupted flight is not rebooked on acceptable terms, its conditions say the passenger receives the remaining ticket value and optional fees, and that American has no further contractual obligation beyond that. [2]
• Two airlines means two sets of rules. American directs passengers on a codeshare flight operated by a partner to check with that airline, [2] and the Department of Transportation advises asking whether bags will be transferred and whether a ticket will be accepted by another carrier at no extra charge, noting that no rule requires an airline to endorse a ticket to another carrier. [3]

Exceptions and limits

• National rules vary. American says some countries have different refund rules and that it will follow them. [2] For an oversold nonstop flight from the EU to the US it lists a travel voucher for one ticket, or a check for 300 EUR for arrival delays under four hours and 600 EUR for delays over four hours, and for flights to or from Canada it points to the Canada Air Passenger Protection Regulations. [2]
• The US denied boarding rules have holes. They do not apply to charter flights, to scheduled flights on aircraft with fewer than 30 seats, to international flights inbound to the United States, or to flights between two foreign cities. [3] No compensation is due if substitute transport arrives within an hour of the original schedule, if a smaller aircraft is substituted, or on aircraft with 30 to 60 seats where safety-related weight or balance limits apply. [3] American lists its own exclusions, including failing to meet its ticketing, check-in and reconfirmation requirements. [2]
• Some losses are excluded outright. American's conditions rule out liability for special, consequential, indirect or incidental damages and require disputes to be brought individually rather than as a class action. [2] Its domestic baggage liability limit is $4,700 per passenger, or $5,000 if excess value is declared, [2] against a Montreal Convention limit of 1,288 Special Drawing Rights, about $1,700 at the time of the Department of Transportation's guide, for international round trips originating in the US. [3]
• Claim windows are short. American asks passengers to report delayed bags within four hours of arrival at the final destination and damaged bags before leaving the airport or within six hours of receiving them, to request a repair within 30 days of the first report, and to begin legal action within two years of the incident. [2]

Frequently asked questions

Is the contract of carriage the same as my ticket?

They sit together: the ticket terms, fare rules and filed tariffs are incorporated into the contract by reference, and American states that the English version of its conditions is the official legal version. [2]

Can an airline refuse to carry me under its contract of carriage?

Yes, on its own stated terms. American may decline to fly a passenger temporarily or permanently for reasons including failing to obey the law, uncooperative or abusive behaviour, a safety or security risk, apparent intoxication, or refusing crew instructions, and it treats a failure to meet passenger responsibilities as a material breach of the contract. [2]

Does the contract guarantee my flight times?

No. American states that its schedule is not guaranteed and is not part of the contract and that it is not liable for a late flight or a missed connection, and the Department of Transportation likewise says airlines do not guarantee their schedules. [2] [3]

What refund does the contract promise if the airline changes my flight?

American refunds a non-refundable ticket, or its unused part, to the original form of payment if it cancels the flight or makes a schedule change of more than four hours to the departure time; otherwise a cancelled non-refundable trip normally becomes a travel credit. [2]

Related pages

Terms: refund vs travel credit, interline agreement, operating carrier vs marketing carrier. Guide: airline schedule change checklist. Browse the whole frequent flyer glossary.

Sources

Sources accessed on 18 October 2026. The contract terms described are American Airlines' conditions as published on 13 August 2026 and US Department of Transportation consumer guidance for the US market; contracts of carriage from other carriers are not covered here.

1. American Airlines Conditions of Carriage, updated 13 August 2026, checked 18 October 2026
2. US Department of Transportation, Fly Rights: A Consumer Guide to Air Travel, checked 18 October 2026