Lawsuit SW

Case 5:20-cv-01883-JMG Document 1 Filed 04/13/20 Page 1 of 64
IN THE UNITED STATES DISTRICT COURT FOR THE

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ADRIAN BOMBIN, on behalf of himself and

all others similarly situated CASE NO.
Plaintiff, JURY TRIAL DEMANDED

v.
SOUTHWEST AIRLINES CO.,
Defendant.
/
CLASS ACTION COMPLAINT

Plaintiff, ADRIAN BOMBIN (“Bombin” or “Plaintiff”), on behalf of himself and all others
similarly situated, by and through undersigned counsel, files this Class Action Complaint against
Southwest Airlines Co (“Southwest” or “Defendant”), and alleges the following:
INTRODUCTION
1. Southwest became the nation’s largest domestic air carrier in 2003 and maintains
that ranking based on the U.S. Department of Transportation’s most recent reporting of domestic
originating passengers boarded.1
2. In its 49th year of service, Dallas-based Southwest services over 130 million
passengers annually.2
3. In peak travel seasons, Southwest operates more than 4,000 weekday departures
among a network of 102 destinations in the United States and 10 additional countries.3
4. Southwest does not sell airline tickets on any third-party global distribution

1
Southwest Airlines, Southwest Corporate Fact Sheet,
https://www.swamedia.com/pages/corporate-fact-sheet (last visited April 6, 2020).
2
Id.
3
Id.
1
platform, requiring all customers to purchase directly from Southwest whether it be through its
website or by calling a Southwest booking line to make a reservation.
Declining Demand in Light of Novel Coronavirus Severely Impacts Southwest’s Operations
5. On December 31, 2019, governmental entities in Wuhan, China confirmed that
health authorities were treating dozens of cases of a mysterious, pneumonia-like illness. Days
later, researchers in China identified a new virus that had infected dozens of people in Asia,
subsequently identified and referred to as the novel coronavirus, or SARS-CoV-2. The illness
caused by the virus has been termed COVID-19. By January 21, 2020, officials in the United States
were confirming the first known domestic cases of COVID-19.
6. Due to an influx of thousands of new cases in China, on January 30, 2020, the
World Health Organization officially declared COVID-19 as a “public health emergency of
international concern.”
7. On March 11, 2020, the World Health Organization declared COVID-19 a
pandemic.
8. In efforts to curb the spread of the virus, federal, state and local governments have
implemented temporary travel restrictions and guidelines advising against essential travel. In the
United States, the federal government has limited travel from China, Europe, and the United
Kingdom, permitting only the return of U.S. citizens and permanent residents. The Department of
State also advised on March 31, 2020, that U.S. citizens should temporarily avoid all international
travel, with the exception that U.S. residents abroad should arrange for immediate return to the
United States where possible.
9. State and local governments have also restricted local travel. On March 16, 2020,
seven counties in the San Francisco, California area announced shelter-in-place orders to reduce
2
local traffic to activities necessary to perform “essential” activities. Other states, counties, and
municipalities have since implemented similar shelter-in-place orders, and as of the drafting of
this Class Action Complaint, at least 316 million people in at least 42 states, three counties, nine
cities, the District of Columbia, and Puerto Rico are living under such orders
10. As the travel limitations expanded and virus fears mounted, consumer demand for
air travel, particularly leisure and non-essential business travel, quickly declined. In response to
this declining demand, Southwest has cancelled many flights in the United States to avoid flying
planes with too many empty seats to be profitable.
11. The main way that airlines like Southwest determine operational capacity (i.e., how
many flights it markets and flies) is by looking at passenger “load factors” on each route. Load
factors measure the percentage of seats filled on an aircraft (or set of aircraft) scheduled to depart.
Load factors can be determined for an overall schedule (all flights to all destinations), for particular
routes (all flights between two airports), or for particular flight service (a specific scheduled flight
with its own flight number). If load factors fall too low, airlines will determine that operating flight
service as scheduled would not be profitable (or otherwise economically desirable) and will then
typically modify the schedule—including by canceling previously scheduled flights
12. Southwest’s overall load factor is typically around 83%. But with declining
customer demand in light of COVID-19, the airline has seen significant drops in its load factors.
13. “[D]riven by the drop in travel demand,” Southwest revised its flight schedules for
April 14 through June 5, 2020, to reduce the number of routes flown by 20%.
14. Beginning on March 22, 2020, Southwest implemented additional cuts, canceling
1,000 of its nearly 4,000 daily flights, and canceling other flights on a rolling basis as it assessed
3
the demand.4 Southwest also canceled all international flights.5
15. On March 24, 2020, Southwest announced that, as it “continue[d] to react to
decreased Customer demand,” the airline would cancel an additional 500 daily flights from March
27 through April 14, 2020. In other words, Southwest canceled 1,500 daily flights, or about 40%
of its typical daily service, due to declining demand.
Southwest Offers Credit Rather than Refunds
16. Despite canceling 20 to 40% of its flights, Southwest offered its passengers only
two options: (1) rebook your flight to a route that Southwest has not canceled, or (2) obtain travel
credit.6 In an attempt to appear benevolent, Southwest stated that these travel credits will be
available “to use through June 30, 2021 (an extension from our previous time limit of one year
from date of purchase).”7
17. However, as will be explained below, Southwest’s Contract of Carriage mandates
refunds, not credits, in this situation.
18. As numerous customers complained about this practice by Southwest and other
airlines, the DOT issued an Enforcement Notice Regarding Refunds by Carriers Given the
Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel (“DOT Notice”).
The DOT Notice provides that the airlines must refund tickets if they cancel flights due to the
novel coronavirus:
The U.S. Department of Transportation’s Office of Aviation Enforcement and

Proceedings (Aviation Enforcement Office), a unit within the Office of the General
Counsel, is issuing this notice to remind the traveling public, and U.S. and foreign

4
Press Release, Southwest Airlines, Additional Schedule Modifications through April 13, 2020
(last updated March 24, 2020), https://www.swamedia.com/releases/release-
d7c9c7e4452f7b911b76a0ddc220ea99.
5
Id.
6
Id.
7
Id.
4
carriers, operating at least one aircraft having a seating capacity of 30 or more seats,
that passengers should be refunded promptly when their scheduled flights are
cancelled or significantly delayed. 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.
The Department is receiving an increasing number of complaints and inquiries from

ticketed passengers, including many with non-refundable tickets, who describe
having been denied refunds for flights that were cancelled or significantly delayed.
In many of these cases, the passengers stated that the carrier informed them that
they would receive vouchers or credits for future travel. But many airlines are
dramatically reducing their travel schedules in the wake of the COVID-19 public
health emergency. As a result, passengers are left with cancelled or significantly
delayed flights and vouchers and credits for future travel that are not readily usable.
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. 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 government restrictions). 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. Accordingly, 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.8
(emphasis added).
19. Thus, Southwest’s failure to provide prompt refunds for canceled flights violates
not only its own Contract of Carriage, but also federal law.

8
U.S. Dep’t of Transportation, Enforcement Notice Regarding Refunds by Carriers given the
Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel (Apr. 3, 2020),
https://www.transportation.gov/sites/dot.gov/files/2020-
04/Enforcement%20Notice%20Final%20April%203%202020_0.pdf.
5
PARTIES, JURISDICTION, AND VENUE
20. Adrian Bombin is a Pennsylvania citizen who resides in Lancaster, Pennsylvania.
21. Defendant is a Texas for-profit corporation having its principal place of business in
Dallas, Texas.
22. This Court has subject matter jurisdiction pursuant to the Class Action Fairness Act
of 2005 (“CAFA”), 28 U.S.C. § 1332(d). The amount in controversy exceeds the sum of
$5,000,000 exclusive of interest and costs, there are more than 100 putative class members, and
minimal diversity exists because many putative class members are citizens of a different state than
Defendant.
23. Venue is proper in this Court pursuant to 28 U.S.C. §1391, because this is the
judicial district in which a substantial part of the events giving rise to the claims asserted herein
occurred.
GENERAL ALLEGATIONS
24. On or about February 27, 2020, Plaintiff purchased two tickets for travel from BWI
to Havana, Cuba, for himself and a companion, which included a connecting flight to Fort
Lauderdale, Florida (the “Trip”) through Southwest Airlines’ owned and operated Mobile App
(the “Southwest App”).
25. On or about March 23, 2020, Plaintiff checked his Southwest App which included
a notice that read in part that his “travel itinerary had been interrupted.”
26. A couple days later when Plaintiff checked Southwest App again, he noticed that
the destination leg of the Trip (i.e., the flight from Ft Lauderdale to Havana) had been canceled.
Therefore, Plaintiff, immediately called Southwest Airlines Customer Service (“CS”) to inquire.
27. CS confirmed that in fact Plaintiff’s final destination flight had been canceled.
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Accordingly, CS initiated the cancellation of the connecting leg of his Trip from BWI to Fort
Lauderdale. During that call with CS, Plaintiff requested a refund, which CS denied. Instead,
Southwest offered Plaintiff a credit voucher subject to expiration.
28. Despite the fact that Plaintiff could not take the flight he booked, and Defendant
could not offer any comparable accommodations on another flight, Plaintiff was not given a
refund, but was only offered a credit for use on a future flight.
The Contract
29. Every Southwest passenger air travel ticket incorporates by reference (including in
some cases by hyperlink) and is governed by Southwest’s Contract of Carriage. See Contract of
Carriage, attached as Exhibit A. Southwest drafted the Contract of Carriage.
30. Section 9 of the Contract of Carriage governs in a situation where the Carrier
cancels a flight, as was the case for Plaintiff and other Class members. Specifically, with respect
to Service Interruptions, the Contract of Carriage states:
a. Failure to Operate as Scheduled
(1) Canceled Flights or Irregular Operations. In the event
Carrier cancels or fails to operate any flight according to Carrier’s published
schedule, or changes the schedule of any flight, Carrier will, at the request
of a Passenger with a confirmed Ticket on such flight, take one of the
following actions:
(i) Transport the Passenger at no additional charge on
Carrier’s next flight(s) on which space is available to the
Passenger’s intended destination, in accordance with Carrier’s
established reaccommodation practices; or
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(ii) Refund the unused portion of the Passenger’s fare
in accordance with Section 4c.
Ex. A at § 9 (emphasis added).
31. Section 4(c)(4) specifies that the refused for the “unused transportation” must be
“in accordance with the form of payment utilized for the Ticket.” Ex. A at § 4(c)(4).
32. Further, under Southwest’s Customer Service Commitment and 14 C.F.R. § 259.5,
which are both incorporated into the Contract of Carriage, see Ex. A § 10(b), Southwest reiterates
that “in the event a flight is delayed, canceled, or diverted” by Southwest, the airline will provide
one of two options to customers: (1) rebooking on the next available Southwest flight(s) with seats
available to the customer’s ticketed destination, or (2) a “refund of the unused portion of your
Southwest ticket.” Exhibit B, Southwest Customer Service Commitment, ¶ 12.
33. Both Section 9 of the Contract of Carriage and paragraph 12 of the Customer
Service Commitment clearly provide for either rebooking or a refund in the event that Southwest
cancels a flight. Neither provision provides for any “credit” for use on a future Southwest flight.
34. Paragraph 5 of the Customer Service Commitment further provides that refunds are
to be issued within seven business days from the date of a refund request for tickets purchased
with a credit card, and within 20 days of a refund request for tickets purchased with cash. Ex. B, ¶
5.
35. Here, Plaintiff was not given the choice of being transported on the next available
flight at no additional charge. His flight was canceled and there were no alternative Southwest
flights to accommodate him from the Trip’s origin (BWI) to his destination. He had not used any
portion of the ticket for his Trip. Thus, pursuant to the terms of the Contract of Carriage, Plaintiff
is entitled to a refund of the fare for the entire Trip in U.S. Dollars to his original form of payment.
8
Ex. A at §§ 4(c)(4) and 9(a)(1); Ex. B at ¶¶ 5, 12.
CLASS ACTION ALLEGATIONS
36. Pursuant to Fed. R. Civ. P. 23(a), (b)(1), (b)(2) and (b)(3), as applicable, Plaintiff
seeks certification of the following nationwide class (the “Class”):
All persons in the United States who purchased tickets for travel on
a Southwest Airlines flight scheduled to operate from March 1, 2020
through the date of a class certification order, whose flight(s) were
canceled by Southwest, and who were not provided a refund.
37. Excluded from the Class are Defendant, any entity in which Defendant has a
controlling interest, and Defendant’s officers, directors, legal representatives, successors,
subsidiaries, and assigns. Also excluded from the Class are any judicial officer presiding over this
matter, members of their immediate family, and members of their judicial staff, and any Judge
sitting in the presiding court system who may hear an appeal of any judgment entered.
38. Plaintiff reserves the right to amend or modify the Class definition with greater
specificity or division after having had an opportunity to conduct discovery.
39. The Class meets the criteria for certification under Rule 23(a), (b)(1), (b)(2), (b)(3)
and (c)(4).
40. Risk of Inconsistent or Varying Adjudications. Fed. R. Civ. P. 23(b)(1). As the
proposed class members include thousands of persons across all 50 states, there is significant risk
of inconsistent or varying adjudications with respect to individual class members that would
establish incompatible standards of conduct for the Defendant. For example, declaratory relief may
be entered in multiple cases, but the ordered relief may vary, causing the Defendant to have to
choose the court order with which it will comply.
41. Numerosity. Fed. R. Civ. P. 23(a)(1). Consistent with Rule 23(a)(1), the members
of the Class are so numerous and geographically dispersed that the joinder of all members is
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impractical. While the exact number of class members is unknown to Plaintiff at this time, it is
believed that the Class is comprised of tens of thousands if not hundreds of thousands of members
geographically dispersed throughout the United States. Affected consumer’s names and addresses
are available from Southwest’s records, and class members may be notified of the pendency of
this action by recognized, court-approved notice dissemination methods, which may include
electronic mail, U.S. Mail, internet notice, and/or published notice.
42. Predominance of Common Issues. Fed. R. Civ. P. 23(a)(2) and (b)(3).
Consistent with Rule 23(a)(2) and with 23(b)(3)’s predominance requirement, this action involves
common questions of law and fact that predominate over any questions affecting individual class
members. The common questions include:
a. Whether Defendant’s conduct breaches its Contract of Carriage;
b. Whether Defendant is required to give a refund, rather than credit on a
future flight when it cancels a flight and cannot reaccommodate the passengers within a
reasonable time of the original flight schedule;
c. Whether Plaintiff and members of the Class are entitled to damages, costs,
or attorneys’ fees from Defendant; and
d. Whether Plaintiff and members of the Class are entitled to compensatory
damages.
43. Typicality. Fed. R. Civ. P. 23(a)(3). Plaintiff’s claims are typical of other Class
members’ claims because Plaintiff and Class members were subjected to the same unlawful
conduct and damaged in the same way. Defendant’s conduct that gave rise to the claims of Plaintiff
and other Class members (i.e., canceling flights without giving refunds in breach of the Contract
of Carriage) is the same for all Class members.
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44. Adequacy. Fed. R. Civ. P. 23(a)(4). Consistent with Rule 23(a)(4), Plaintiff is an
adequate representative of the Class because Plaintiff is a member of the Class and is committed
to pursuing this matter against Defendant to obtain relief for the Class. Plaintiff has no conflicts
of interest with the Class. Plaintiff’s counsel are competent and experienced in litigating class
actions, including extensive experience in litigating consumer claims. Plaintiff intends to
vigorously prosecute this case and will fairly and adequately protect the interests of the Class.
45. Superiority. Fed. R. Civ. P. 23(b)(3). Consistent with Rule 23(b)(3), a class action
is superior to any other available means for the fair and efficient adjudication of this controversy,
and no unusual difficulties are likely to be encountered in the management of this class action.
The purpose of the class action mechanism is to permit litigation against wrongdoers even when
damages to individual plaintiffs and class members may not be sufficient to justify individual
litigation. Here, the damages suffered by Plaintiff and the Class members are relatively small
compared to the burden and expense required to individually litigate their claims against
Defendant, and thus, individual litigation to redress Defendant’s wrongful conduct would be
impracticable. Individual litigation by each Class member would also strain the court system.
Moreover, individual litigation creates the potential for inconsistent or contradictory judgments
and increases the delay and expense to all parties and the court system. By contrast, the class
action device presents far fewer management difficulties and provides the benefits of a single
adjudication, economies of scale, and comprehensive supervision by a single court.
46. Declaratory Relief. Class certification is also appropriate under Rule 23(b)(2) and
(c). Defendant, through its uniform conduct, acted or refused to act on grounds generally applicable
to the Class as a whole, making injunctive and declaratory relief appropriate to the Class as a
whole. Moreover, Defendant continues to offer credits instead of refunds to Plaintiff and Class
11
members for flights that they cancel, thus making declaratory relief a live issue and appropriate to
the Class as a whole.
COUNT I - BREACH OF CONTRACT
47. Plaintiff realleges and reincorporates its allegations in paragraphs 1 through 46
above as if fully set forth herein.
48. This claim for breach of contract damages or, in the alternative, specific
performance of the contract’s refund terms, is based on Defendant’s breaches of its Contract of
Carriage, including its Customer Service Commitment (the “Contract”).
49. Plaintiff, along with all putative class members, entered into a Contract with
Defendant for provision of air travel in exchange for payment. This Contract was drafted by
Defendant.
50. Plaintiff, and all putative class members performed under the Contract, specifically,
by tendering payment for the airline tickets to Defendant and complied with all conditions
precedent under the Contract.
51. Due to Defendant’s cancellation of their flights, Plaintiff, and all putative class
members cannot use their airline tickets through no fault of their own and they are not getting the
benefit of their bargain with Defendant.
52. Under the terms of the Contract of Carriage drafted by Defendant, Plaintiff and
putative class members are entitled to refunds because Southwest canceled their flights and did
not rebook the customers on another flight. Contract of Carriage § 9(a)(1); Customer Service
Commitment ¶ 12. By failing to provide refunds, Southwest has breached its Contract of Carriage.
53. Southwest has further breached its Contract of Carriage by failing to provide
refunds within seven days for canceled tickets purchased with credit cards.
12
54. As a result of Defendant’s breaches of contract, Plaintiff and the putative class
members have incurred damages in an amount to be proven at trial.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff, individually and on behalf of all putative Class members,
respectfully requests that the Court enter judgment in their favor and against Defendant as follows:
1. For an Order determining at the earliest possible time that this matter may
proceed as a class action under Rule 23 and certifying this case as such;
2. For himself and each Class member their actual compensatory damages,
or in the alternative, for specific performance of the refund provisions of the Contract of
Carriage;
3. For reasonable attorneys’ fees and costs of suit;
4. For pre-judgment interest; and
5. Such further and other relief the Court deems reasonable and just.
JURY DEMAND
Plaintiff, on behalf of himself and the Class of all others similarly situated, hereby demands
a trial by jury on all issues so triable pursuant to Rule 38 of the Federal Rules of Civil Procedure.
Dated: April 13, 2020 Respectfully submitted,
/s/ James C. Shah

James C. Shah
SHEPHERD, FINKELMAN, MILLER
& SHAH, LLP
1845 Walnut Street, Suite 806
Philadelphia, PA 19103
Telephone: (610) 891-9880
Facsimile: (866) 300-7367
Email: [email protected]
Jeff Ostrow
Jonathan M. Streisfeld
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Joshua R. Levine
KOPELOWITZ OSTROW
FERGUSON WEISELBERG GILBERT
1 West Las Olas Blvd. Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
[email protected]
Hassan A. Zavareei*
TYCKO & ZAVAREEI LLP
1828 L Street NW, Suite 1000
Washington, D.C. 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
Melissa S. Weiner*
Joseph C. Bourne*
PEARSON, SIMON & WARSHAW, LLP
800 LaSalle Avenue, Suite 2150
Minneapolis, Minnesota 55402
Telephone: (612) 389-0600
Facsimile: (612) 389-0610
[email protected]
Daniel L. Warshaw*
15165 Ventura Boulevard, Suite 400
Sherman Oaks, CA 91403
Telephone: (818) 788-8300
Facsimile: (818) 788-8104
*pro hac vice application forthcoming
Counsel for Plaintiff and the Proposed

Class
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Exhibit A
Southwest Airlines Co.

Contract of Carriage - Passenger
(CoC) – English Version
Revision: 26th Revised Effective Date: 01/29/2020

Southwest Airlines Co. Contract of Carriage – Table of Contents
1. Introduction ........................................................................................................................................... 3
a. Application of Conditions of Contract .................................................................................... 3
b. Definitions.............................................................................................................................. 3
2. Reservations ......................................................................................................................................... 7
a. Reservations ......................................................................................................................... 7
b. Group Policies ....................................................................................................................... 8
3. Fares ..................................................................................................................................................... 9
a. Application of Fares .............................................................................................................. 9
b. Stopovers .............................................................................................................................. 9
c. Special Fares ........................................................................................................................ 9
4. Tickets ................................................................................................................................................. 12
a. Tickets ................................................................................................................................. 12
b. Ticket Acceptability.............................................................................................................. 12
c. Refunds ............................................................................................................................... 13
5. Check-in .............................................................................................................................................. 15
a. Boarding Passes ................................................................................................................. 15
b. Check-in Requirements ....................................................................................................... 15
6. Acceptance of Passengers ................................................................................................................. 16

a. Refusal to Transport – General ........................................................................................... 16
b. Refusal to Transport – Unruly/Disruptive Passenger .......................................................... 17
c. Carriage of Children ............................................................................................................ 20
d. Carriage of Passengers with Disabilities ............................................................................. 21
e. Pets ..................................................................................................................................... 24
f. Law Enforcement and Search and Rescue Dogs ............................................................... 25
7. Baggage .............................................................................................................................................. 26
a. Carryon Baggage ................................................................................................................ 26
b. Acceptance of Checked Baggage ....................................................................................... 27
c. Surveillance and Inspection of Baggage ............................................................................. 27
d. Checking of Baggage .......................................................................................................... 28
e. Free Checked Baggage Allowance ..................................................................................... 28
f. Excess, Oversize, and Overweight Baggage Charges ....................................................... 30
Southwest Airlines Co. 1

g. Special Items ....................................................................................................................... 30

h. Unsuitable Baggage Subject to Limited Release of Liability ............................................... 31
i. Limitations of Liability .......................................................................................................... 32
8. International Travel ............................................................................................................................. 35

a. Application of Montreal or Warsaw Convention .................................................................. 35
b. Death or Injury of Passengers............................................................................................. 35
c. Delay of Passengers ........................................................................................................... 36
d. Destruction, Loss, or Delay of Baggage ............................................................................. 37
e. Time Limitations on Claims and Actions ............................................................................. 37
f. International Travel Documents .......................................................................................... 38
g. Foreign Currency................................................................................................................. 38
h. Partial Tax Refunds in Limited Circumstances ................................................................... 38
i. Check-in Times for International Flights ............................................................................. 39
j. Travel by Minors .................................................................................................................. 39
k. Carriage of Animals ............................................................................................................. 39
l. Firearms .............................................................................................................................. 39
9. Service Interruptions ........................................................................................................................... 40

a. Failure to Operate as Scheduled ........................................................................................ 40
b. Denied Boarding Procedures .............................................................................................. 40
c. Ground Transportation ........................................................................................................ 43
10. Miscellaneous ..................................................................................................................................... 44

a. Claims ................................................................................................................................. 44
b. Customer Service Commitment .......................................................................................... 44
c. Choice of Law, Entire Agreement ....................................................................................... 44

1. Introduction
a. Application of Conditions of Contract
(1) Transportation by Southwest Airlines Co. (hereafter "Carrier") is subject to the
following terms and conditions, in addition to any terms and conditions printed on any
Ticket, or specified on the Carrier’s website. The terms and conditions contained in
this Contract of Carriage shall govern all published routes and services provided by
the Carrier as well as all fares and charges published by the Carrier. This Contract of
Carriage is subject to applicable laws, regulations and rules imposed by U.S. or
foreign governmental agencies. In the event of a conflict between the terms of this
Contract and such applicable laws, regulations or rules, the latter shall apply. By
purchasing a Ticket or accepting transportation, the Passenger agrees to be bound
by all of the following terms and conditions.
(2) Carrier reserves the right, in its sole discretion and to the extent not prohibited by
federal law, to change, delete, or add to any of the terms of this Contract of Carriage
without prior notice. All changes must be in writing and approved by a corporate
officer of the Carrier. To the extent there is a conflict between the Contract of
Carriage and information printed on the Ticket or specified on the Carrier’s website,
the Contract of Carriage governs.
(3) By purchasing and accepting transportation, the Passenger agrees to adhere to and
comply with all the requirements of this Contract of Carriage and applicable laws and
regulations, including but not limited to federal laws protecting federal, airport, and air
carrier employees who have security duties from assault and interference with the
performance of duties. Transportation offered by the Carrier under this Contract of
Carriage is subject to the Passenger’s compliance with these obligations, and a
Passenger’s failure to comply shall constitute a material breach of this Contract of
Carriage.
(4) Applicable terms and conditions are those in effect as of the date a Passenger
commences travel on a given itinerary. In the event these conditions of Carriage are
amended after a Ticket is purchased but prior to commencement of travel in a way
that substantially affects the terms and conditions of a Passenger’s Carriage, a full
refund of the Ticket price may be requested if the Passenger does not agree to be
bound by the conditions as amended.
b. Definitions
Baggage means all luggage and contents contained inside, including suitcases, garment
bags, tote bags, packages, camera and electronics bags, computer and equipment cases,
briefcases, musical instruments, and similar articles, whether carried by the Passenger in
the cabin or carried in the aircraft cargo compartments. Coats and wraps, when carried by
the Passenger in the passenger cabin, will not be considered as Baggage.
Boarding Pass means a document issued by Carrier entitled Boarding Pass bearing the
Passenger’s first and last name, flight number and date, departure and destination airports,
and a boarding group letter and number, which represents the Passenger’s boarding group
and reserved spot in the boarding group line. A Passenger must have a Boarding Pass to
be considered as having Confirmed Reserved Space as defined in Section 9(b)(1).
Boarding Passes may be obtained at Southwest.com®, or at the airport from Southwest at:
(1) E-Ticket Check-In kiosks (where available), (2) skycap podiums (where available), (3)
ticket counters, or (4) departure gate podiums. Carrier reserves the right to restrict
Boarding Pass distribution to the departure gate podium.
Carriage means the transportation of Passengers and/or Baggage by air, gratuitously or for
hire, and all services of Carrier related thereto.
Carrier means Southwest Airlines Co. and its officers, employees, contractors and agents
acting in their official capacities.
Checked Baggage means Baggage of which Carrier takes sole custody and for which
Carrier has issued a Baggage Claim Check and affixed a Baggage Tag.
Emotional Support Animal means an animal which provides support related to a mental
health-related disability of a Qualified Individual with a Disability, but the animal is not
trained to perform a specific task(s) or work. An Emotional Support Animal must also
behave properly in a public setting, remain under the control of the handler and avoid
engaging in disruptive behavior at all times. A Qualified Individual with a Disability seeking
to travel with an Emotional Support Animal must provide documentation of the requested
accommodation that is acceptable to the Carrier.
Fare Component means each local currency fare (except Add-On-Fares) where more than
one such fare is used in construction of the total fare for a journey.
Flight Coupon means the portion of the Passenger Ticket that is valid for Carriage.
Force Majeure Event means any event outside of Carrier’s control, including, without
limitation, acts of God, and meteorological events, such as storms, rain, wind, fire, fog,
flooding, earthquakes, haze, or volcanic eruption. It also includes, without limitation,
government action, disturbances or potentially volatile international conditions, civil
commotions, riots, embargoes, wars, or hostilities, whether actual, threatened, or reported,
strikes, work stoppage, slowdown, lockout or any other labor related dispute involving or
affecting Carrier’s service, mechanical difficulties by entities other than Carrier, Air Traffic
Control, the inability to obtain fuel, airport gates, labor, or landing facilities for the flight in
question or any fact not reasonably foreseen, anticipated or predicted by Carrier.
Limited Release of Liability means Passenger’s tender, and Carrier’s acceptance, of

Checked Baggage in a condition, or of a nature, unsuitable for Carriage where Carrier limits
or excludes liability for loss, damage, or delay under Section 7.
Montreal Convention means, unless the context requires otherwise, the Convention for
the Unification of Certain Rules for International Carriage by Air, done at Montreal, May 28,
1999 (“Montreal Convention”).
Nonstop Flight means a flight scheduled to operate between origin and destination
airports without any intermediate stops.
Nonrevenue Passenger means a Passenger who is traveling on a Southwest reduced-

rate pass of any kind (e.g., employee travel, companion pass, buddy/guest pass,
dependent pass or other airline industry employee travel).

One-way means Scheduled Air Service on Carrier from an originating airport to a

destination airport.
Passenger means any person, except members of the Crew working on the flight, who is
carried or will be carried in an aircraft with the consent of Carrier and is bound by this
Contract of Carriage.
Qualified Individual with a Disability, as defined in 14 CFR § 382.3, means an individual

with a disability who, as a Passenger:
1. With respect to obtaining a Ticket for air transportation on Carrier, offers, or makes
a good faith attempt to offer, purchase, or otherwise validly obtain a Ticket.
2. With respect to obtaining air transportation, or other services or accommodations.
a. Buys or otherwise validly obtains, or makes a good faith effort to obtain, a
Ticket for air transportation on Carrier and presents himself at the airport for
the purpose of traveling on the flight to which the Ticket pertains.
b. Meets reasonable, nondiscriminatory Contract of Carriage requirements
applicable to all Passengers.
3. With respect to accompanying or meeting a traveler, using ground transportation,
using terminal facilities, or obtaining information about schedules, fares,
reservations, or policies, takes those actions necessary to use facilities or services
offered by Carrier to the general public, with reasonable accommodations, as
needed, provided by the Carrier.
Roundtrip means Scheduled Air Service on Carrier from an originating airport to a

destination airport and back to the originating airport or Carrier-recognized co-terminal.
Same-Plane Service means service between an origin and destination airport with
scheduled stops at one or more intermediate airports. With the exception of unexpected
ground delays or other unforeseen flight disruptions, Passengers on Same-Plane Service
are not required to disembark the aircraft at any intermediate stop.
Scheduled Air Service means any current or future flight published on Carrier’s website or
in computer reservation system used by Carrier.
Special Drawing Rights (SDR) means a unit of currency created by the International
Monetary Fund (IMF) in 1969, which operates as a supplement to the existing reserves of
member countries. The current value of an SDR in U.S. dollars is provided daily by the IMF
at http://www.imf.org/external/np/fin/data/rms_sdrv.aspx.
Standby Passengers means Passengers who will be enplaned on a flight subject to

availability of space at departure time and only after all Passengers with confirmed
reserved space for such flight have been enplaned on such flight. Standby status applies to
all scheduled stops at any intermediate points on the flight.
Ticket means the electronic six-digit alpha-numeric confirmation number issued by Carrier
or an authorized travel agent, which provides for the Carriage of the Passenger occupying
a single seat.

Trained Service Animal means a fully trained animal that is individually trained to perform
a task(s) or work related to a physical and/or mental disability of a Qualified Individual with
a Disability. A Trained Service Animal also must be trained to behave properly in a public
setting, remain under the control of the handler and to avoid engaging in disruptive
behavior at all times. It also means a psychiatric service animal with equivalent training.

2. Reservations
a. Reservations
(1) Confirmation of Reservations. A reservation on a given flight is confirmed by the
issuance of a Ticket.
(2) Cancellation of Confirmed Reservations.
(i) Passenger Initiated Cancellation Prior to Date of Travel. If a Passenger cancels

his/her reservation prior to the date of travel, his/her ticket is eligible for a refund or
the funds will be available for future use consistent with the fare rule and refund
procedures specified in Section 4c.
(ii) Check-in Requirements. Failure of the Passenger to obtain a Boarding Pass and
be present, available, and appropriate as discussed in Section 6 for boarding in the
flight’s boarding gate area at least ten minutes before the scheduled departure time
may result in cancellation, at the Carrier’s sole discretion, of the Passenger’s
reservation without notice. Section 5 contains additional information on Carrier’s
check-in procedures.
(iii) No Show Policy.
(a) If a Wanna Get Away Fare segment on a reservation is not changed or canceled at
least ten (10) minutes prior to departure and the Customer does not travel, all
segments associated with the reservation are canceled, and funds associated with
the Wanna Get Away Fare segment(s) are forfeited.
(b) If a Business Select Fare, Anytime Fare, Child Fare, Infant Fare, or Senior Fare
segment on a reservation is not changed or canceled at least ten (10) minutes prior
to departure and the Customer does not travel, all segments associated with the
reservation are canceled, and funds associated with the Business Select Fare,
Anytime Fare, Infant Fare, Child Fare, or Senior Fare segment(s) are held as travel
credit for use by the Passenger on Southwest Airlines.
(c) When a ticket contains flight segments with mixed fare types and the ticket is not
changed or canceled at least ten (10) minutes prior to departure and the Customer
does not travel, all segments of the reservation are canceled and the individual flight
segments will follow the aforementioned rules associated with the fare type in
regard to forfeiture of funds under Section 2a(2)(iii)(a) and (b) .
(d) When a ticket is purchased using Rapid Rewards points, and the ticket is not
changed or canceled at least ten (10) minutes prior to departure and the Customer
does not travel, all segments associated with the reservation are canceled, but the
points will be returned to the Rapid Rewards account from which the points were
initially debited. Taxes and fees associated with Rapid Rewards points and
Companion Pass tickets follow the aforementioned rules under Section 2a(iii)(a)(b),
and (c).
(e) Conditions Beyond Carrier’s Control. Carrier will refuse to carry and will cancel the
reservations of any Passenger when such refusal is necessary to comply with a
government regulation, a request for emergency transportation in connection with
the national defense, or when necessary or advisable by reason of weather or other
conditions beyond Carrier’s control.

(f) Prohibition on Multiple/Conflicting Reservations. To promote seat availability for our

Customers, Southwest prohibits multiple reservations for the same Passenger
departing from the same city on the same date, or any multiple reservations
containing conflicting or overlapping itineraries (such as departures for the same
Customer from multiple cities at the same time). Furthermore, without advance
notice to the Passenger or purchaser, Southwest may cancel such reservations, or
any other reservations that it believes, in its sole discretion, were made without
intent to travel. With the exception of Southwest® gift cards, funds from proactively
canceled reservations by Southwest will be returned to the original form of payment.
Reservations paid for with a Southwest® gift card will have the amount applied from
the Southwest® gift card held as travel funds for use by the Customer on a future
Southwest Airlines flight.
(g) Limitation of Liability. Carrier is not liable for any type of special, incidental or
consequential damages when it cancels the reservations of any Passenger
pursuant to Section 2a(2); however, the fare paid for the unused portions of travel
that are canceled by Carrier may be refunded or applied toward the purchase of
future travel in accordance with the applicable fare rules and Section 9.
b. Group Policies
(1) Groups Booked as Individuals. When ten or more Passengers are booked by a
single individual, company, corporation, booking agency, or other entity for travel on
the same scheduled flight(s), the reservations must be made as a group through the
Carrier's Group Desk, and all applicable group policies and procedures must be
followed. If a booking entity fails to make such reservations as a group, Carrier
reserves the right, in its sole discretion, to assess a penalty upon and/or revoke the
authority of the booking entity to sell Carrier's transportation services.
(2) Multiple Group Reservations. Carrier reserves the right to:
(i) Limit seats by flight for group reservations.
(ii) Cancel group reservation requests.
(iii) Make changes to group reservations to accommodate Carrier’s flight schedule.
(iv) Not accept group reservations.
(v) Require that group reservations be converted to ticketed individual reservations at

the applicable individual fare or be forfeited if group reservation utilization reveals
what Carrier considers, in its sole discretion, to be an inadequate usage of
reserved seats.
(3) Travel on Group Reservations is valid on flights operated by Southwest Airlines only
and is not available for travel on itineraries that combine flights with other carriers.

3. Fares
a. Application of Fares
(1) Transportation is subject to the fares and charges in effect when the Ticket is
purchased. The fare is guaranteed once a reservation is made and a Ticket is
purchased. If a Ticket is purchased before an increase in the fare becomes effective,
the Ticket shall be honored for transportation between the airports and at the fare for
which it was purchased.
(2) Changes to any portion of a Ticket initiated by the purchaser, Passenger, or his/her
authorized agent after its original issue will be subject to the fares, fare rules, tax
increases, and charges in effect on the date the change is initiated. A change
constitutes a change in flight number, origin, destination, intermediate points, flight
date, class of service, or fare.
Ticket changes and exchanges within the same reservation will result in the initial
Ticket being applied as the form of payment for the new ticket. Our unrestricted fares
are fully refundable if canceled and then refunded instead of exchanging or changing
your Ticket.
(3) Fares may be obtained on Carrier’s website at Southwest.com®; through the

Southwest Airlines mobile app; from Southwest Airlines by telephone at 1-800-435-
9792 (1-800-I-FLY-SWA), in Spanish at 1-800-826-6667 (1-800-VAMONOS), from
Mexico (Border Cities) at 001-800-435-9792 (English) or 001-800-826-6667
(Spanish), through TTY service at 1-800-533-1305; through video relay service at
SWAVRS.TV; at a Southwest Airlines ticket counter; or through an authorized travel
agent.
(4) All published fares and charges are stated in U.S. currency.
b. Stopovers
(1) A stopover is an intentional interruption of the itinerary by the Passenger. No
stopovers are permitted on published fares, except upon combination of individually
purchased One-way fares.
c. Special Fares
(1) Infant Fares
(i) Infants at least 14 days old and younger than two years of age on the date of
travel, traveling on a confirmed reservation and occupying a reserved seat, with or
without the use of an FAA-approved child restraint device, are eligible for Infant
Fares. This rule also applies to infants younger than 14 days of age traveling on a
confirmed reservation and who are permitted to fly in accordance with Section 6c.
(ii) At the time of check-in, either government-issued photo identification or another

identification document acceptable to Carrier bearing the birth date of the
Passenger who is traveling on an Infant Fare must be presented to Carrier.

(iii) Infant Fares are not available on Southwest.com® and may only be purchased by
calling Southwest Airlines or at a Southwest Airlines airport ticket counter. Those
Passengers traveling on an Infant Fare whose ages have not been previously
verified at a Southwest Airlines ticket counter or as a member of Southwest’s Rapid
Rewards program must secure their Boarding Passes at the airport and are not
eligible to check in online.
(2) Child Fares
(i) Children ages two through 11 who are accompanied by a Passenger at least 12
years of age or older on the date of travel are eligible for Child Fares.
(ii) At the time of check-in, either government-issued photo identification or another

identification document acceptable to Carrier bearing the birth date of the
Passenger who is traveling on a Child Fare must be presented to Carrier.
(iii) Child Fares are not available on Southwest.com® and may only be purchased by
calling Southwest Airlines or at a Southwest Airlines airport ticket counter. Those
Passengers traveling on a Child Fare whose ages have not been previously
verified at a Southwest Airlines ticket counter or as a member of Southwest’s Rapid
Rewards program must secure their Boarding Passes at the airport and are not
eligible to check in online.
(3) Senior Fares
(i) Senior Fares are valid for travel through May 15, 2020, and new Senior Fare
reservations are not available for purchase after December 11, 2019.
(ii) Senior Fares may be available for some but not all flights depending on particular
dates, times, and routings. Passengers at least 65 years old on the date of travel
are eligible for Senior Fares.
(iii) At the time of check-in, a Passenger traveling on a Senior Fare must present either
government-issued photo identification or another identification document
acceptable to Carrier bearing the Passenger's birth date.
(iv) Senior Fares are available on Southwest.com®, by calling Southwest Airlines or at

a Southwest Airlines airport ticket counter. Those Passengers traveling on a
Senior Fare whose ages have not been previously verified at a Southwest Airlines
ticket counter or as a member of Southwest’s Rapid Rewards program must secure
their Boarding Passes at the airport and are not eligible to check-in online.
(4) Military Fares
(i) United States military personnel on active duty and their authorized dependents
are eligible for Military Fares. Military dependents ages two through 11 years old
must be accompanied by a military Passenger or a military dependent Passenger
at least 12 years of age. Military personnel who have been discharged from active
military duty and their authorized dependents traveling together remain eligible for
Military Fares if travel will be completed within seven days of the military member’s
date of discharge.

(ii) Government Transportation Requests (GTRs) are not permitted or accepted for
purchase of transportation booked at a Military Fare.
A valid United States Uniformed Services Active Duty Identification Card or a copy
of discharge orders must be presented at the time of check-in for military
personnel. Dependents, other than dependents traveling with a discharged military
member within seven days of the member’s discharge from active duty, must
present a United States Uniformed Services Identification and Privilege Card
marked Active.
(iii) Military Fares are not available on Southwest.com® and may only be purchased by
calling Southwest Airlines or at a Southwest Airlines airport ticket counter. Since
eligibility verification is required, Passengers must secure their Boarding Passes at
the airport and are not eligible to check-in online.
(5) Wanna Get Away Fares
(i) Wanna Get Away Fares are discounted, restricted, nonrefundable fares. Unused
funds can be used toward the purchase of future Tickets as long as the Passenger
has canceled the confirmed reservation at least ten (10) minutes prior to the
scheduled departure time for the flight. Passengers who do not cancel their
confirmed reservation will forfeit any unused funds pursuant to Section 2a(2)(iii).

4. Tickets
a. Tickets
(1) No person shall be entitled to transportation except upon presentation of a valid
Ticket or proof of identification acceptable to Carrier to confirm that transportation has
been purchased. Such Ticket shall entitle the Passenger to transportation subject to
this Contract of Carriage and, in particular, certain terms and conditions as follows.
(i) Such Ticket is valid between the points of origin and destination via the specific
routing designated on the Passenger’s itinerary only.
(ii) Passenger is in compliance with fare requirements as provided in Section 3c,

including proof of age and status where applicable, that entitle the Passenger to
special or military fares.
(iii) Passenger is in compliance with any other requirements of the Passenger’s fare
class.
(iv) The Passenger’s Ticket is in the Passenger’s own name.
(v) The Ticket has not been altered or improperly issued.
(2) Tickets are Nontransferable. Tickets, and any travel credit issued for unused Tickets,
are nontransferable unless specified explicitly on the Ticket. Carrier is not liable to the
holder of a Ticket for use or refund of such Ticket when presented by a person other
than the person to whom the Ticket was issued. If a Ticket is used by a person other
than the person to whom it was issued, Carrier shall not be liable for the loss,
destruction, damage, or delay of such unauthorized person’s Baggage or other
personal property or the death or injury of such unauthorized person arising from or in
connection with such unauthorized use.
(3) Purchase of Additional Seat. The purchase of more than one seat for use by a single
Passenger is required when necessary to transport large musical instruments or
electronic audio/video, medical, or otherwise sensitive equipment unsuitable for
Carriage as Checked Baggage, as specified in Section 7.
It is the Passenger’s responsibility to notify Carrier of any unique seating needs. In

accordance with Section 6, Carrier may refuse to transport individuals who are
unable or unwilling to comply with Carrier’s seating requirements. Purchase of more
than one seat for use by a single Passenger for the sole purpose of ensuring
additional personal space is prohibited, except in limited circumstances when the
Carrier, in its discretion, permits it.
b. Ticket Acceptability
(1) Tickets Accepted. Carrier will accept only its own Tickets. Any Tickets issued in
conjunction with travel on another airline will not be accepted unless required by
federal government regulation or at the Carrier’s sole discretion.

(2) In the event that a Passenger does not comply with the terms and conditions in this
Contract of Carriage, his/her Ticket shall be invalidated, and Carrier has the right to:
(i) Cancel any remaining portion of the Passenger’s itinerary.
(ii) Refuse to allow the Passenger to board or check Baggage.
(iii) Confiscate the Ticket.
c. Refunds
(1) Refundable Tickets.
(i) Ticket changes and exchanges within the same reservation will result in the initial
Ticket being applied as the form of payment for the new Ticket. The fare paid for
unused travel by Passengers who purchase fully refundable, unrestricted Tickets,
including taxes, security fees, and Passenger Facility Charges, may, for any
reason and upon surrender or cancellation of the unused Ticket, either be refunded
if canceled and refunded instead of exchanging or changing the Ticket or applied
as travel credit toward the purchase of future travel for the originally ticketed
Passenger in accordance with the form of payment utilized for the Ticket. Such
refund or travel credit must be requested within the Ticket’s eligibility period.
Refund or credit requests will not be honored after the Ticket’s expiration date.
(ii) If a fully refundable fare segment on a reservation is not changed or canceled at

least ten (10) minutes prior to departure and the Customer does not travel, all
segments associated with the reservation are canceled, and funds associated with
the fully refundable fare segment(s) are held as travel credit for use by the
Passenger on Southwest Airlines. Reservations paid for with a Southwest® gift
card will have the amount applied from the Southwest® gift card held as travel
funds for use by the Customer on a future Southwest Airlines flight.
(iii) When the Ticket combines a fully refundable fare with a Wanna Get Away
nonrefundable fare and the Passenger does not travel on the Wanna Get Away
segment and has not canceled, the reservation at least ten (10) minutes prior to the
scheduled departure time, all unused travel funds will be forfeited or held in
accordance with Section 2a(2)(iii) and all remaining segments of the reservation
are canceled.
(2) Eligible fare refunds procedures:
(i) When no portion of the transportation has been provided, the refund or credit will
be issued in an amount equal to the fare paid.
(ii) When a portion of the transportation has been provided, the refund or credit will be
made in an amount equal to the difference, if any, between the total fare paid and
the fare applicable to the transportation provided.

(iii) Carrier shall make eligible refunds in the same form as the original payment.
Refunds for Tickets purchased with a credit card shall be processed for crediting to
the same credit card account no later than seven business days from the date the
refund request is received by Carrier. Refunds for Tickets purchased with cash will
be issued by check no later than 20 business days after the refund request is
received by Carrier. Refunds for tickets purchased with an exchanged ticket will be
processed to the form of a travel credit for use by the Passenger on Southwest
Airlines.
(iv) Carrier shall make all refunds in U.S. dollars. See Section 8 for additional
information for international travel.
(3) Nonrefundable Tickets.
(i) General. The fare paid for unused travel by Passengers who purchase restricted,
nonrefundable Tickets are not eligible for refunds, except as provided in this
Section and Section 9b. Taxes, security fees, and Passenger Facility Charges
associated with a nonrefundable fare are also not eligible for refund except as
required by applicable regulations.
(ii) Travel Credit. Unless otherwise stated by Carrier, the fare paid for unused
nonrefundable Tickets, including taxes, security fees, and Passenger Facility
Charges, may be applied toward the purchase of future travel on Carrier for the
originally ticketed Passenger only. The new Ticket may be more or less expensive
or subject to different terms, conditions, or restrictions from the original Ticket. If
the fare is lower, travel credit will be issued for the difference. No cash refund or
credit card adjustments will be made for nonrefundable Tickets.
(iii) Travel Credit Eligibility. The expiration date of any travel credit will apply to any
Tickets purchased with these funds. If a Ticket is purchased with multiple travel
credits, the earliest expiration date will apply to the entire Ticket.
(iv) Travel Credit Forfeiture. Should a Passenger fail to apply the nonrefundable Ticket
or travel credit toward the purchase of future travel within the eligibility period, the
entire amount of the fare, including all taxes, security fees, and Passenger Facility
Charges, will be forfeited.
(4) Delays or Involuntary Cancellations. If a Passenger’s scheduled transportation is

canceled, terminated, or delayed before the Passenger has reached his/her final
destination as a result of a flight cancellation, Carrier-caused missed connection,
flight delay, or omission of a scheduled stop, Carrier will either transport the
Passenger at no additional charge on another of Carrier’s flights, refund the fare for
the unused transportation in accordance with the form of payment utilized for the
Ticket, or provide a credit for such amount toward the purchase of future travel.

5. Check-in
a. Boarding Passes
(1) General. Boarding Passes may be obtained at Southwest.com®, the Southwest
mobile app, or at the airport from Southwest at:
(i) E-Ticket Check-In kiosks (where available)
(ii) Skycap podiums (where available)
(iii) Ticket counters, or
(iv) Departure gate podiums. Carrier reserves the right, in its sole discretion, to restrict
Boarding Pass distribution to the departure gate podium.
(2) Standby Travel. Boarding Passes for Standby Passengers are available for issuance
only at the flight’s departure gate.
(3) Invalid Boarding Passes. A Boarding Pass that has been altered or improperly issued
shall not be valid and will not be accepted by Carrier.
(4) Transferability. Boarding Passes are nontransferable unless explicitly stated on the
Boarding Pass. Carrier is not liable to the holder of a Boarding Pass for use of such
Boarding Pass when presented by a person other than the person to whom it was
issued. If a Boarding Pass is used by a person other than the person to whom it was
issued, Carrier shall not be liable for the loss, destruction, damage or delay of such
unauthorized person’s Baggage or other personal property or the death or injury of
such unauthorized person arising from or in connection with such unauthorized use.
b. Check-in Requirements
(1) Ten-Minute Rule. Failure of a Passenger to obtain a Boarding Pass and be present,
available, and appropriate as described in Section 6 for boarding in the flight’s
boarding gate area at least ten minutes before the scheduled departure time may
result in cancellation of the Passenger’s reservation without notice at the Carrier’s
sole discretion. Refer to Section 8 for information regarding check-in requirements for
international travel.
(2) Early Departure. Carrier reserves the right, in its sole discretion, to depart early when
all Passengers who have met the check-in requirements as outlined in Section 5.b.(1)
are onboard the aircraft. The scheduled departure and arrival times as published for
the flight will not be changed or otherwise affected if the Carrier departs early. It is the
Passenger’s responsibility to arrive at the departure airport with adequate time to
allow for check-in requirements and security screening.

6. Acceptance of Passengers
By purchasing and accepting carriage under this Contract of Carriage, the Passenger agrees to
adhere to and comply with all the requirements of this Section 6. Transportation offered by the
Carrier under this Contract of Carriage, including International Travel described in Section 8, is
subject to the Passenger’s compliance with these obligations, and a Passenger’s failure to comply
shall constitute a material breach of this Contract of Carriage.
a. Refusal to Transport – General
Carrier may, in its sole discretion, refuse to transport, or may remove from an aircraft at any
point, any Passenger in any of the circumstances listed below. The fare of any Passenger
denied transportation or removed from Carrier’s aircraft en route under the provisions of
Section 6a will be refunded in accordance with Section 9. The sole recourse of any
Passenger refused transportation or removed en route under Section 6a will be the
recovery of the refund value of the unused portion of his/her Ticket. Under no
circumstances shall Carrier be liable to any Passenger for any type of special, incidental, or
consequential damages.
(1) Safety. Whenever such action is necessary, with or without notice, for reasons of
aviation safety.
(2) Force Majeure Event: Whenever advisable due to Force Majeure Events outside of
Carrier’s control, including, without limitation acts of God, meteorological events, such
as storms, rain, wind, fire, fog, flooding, earthquakes, haze, or volcanic eruption. It
also includes, without limitation, government action, disturbances or potentially
volatile international conditions, civil commotions, riots, embargoes, wars, or
hostilities, whether actual, threatened, or reported, strikes, work stoppage, slowdown,
lockout or any other labor related dispute involving or affecting Carrier’s service,
mechanical difficulties by entities other than Carrier, Air Traffic Control, the inability to
obtain fuel, airport gates, labor, or landing facilities for the flight in question or any fact
not reasonably foreseen, anticipated or predicted by Carrier.
(3) Government Request or Regulation. Whenever such action is necessary to comply

with any Federal Aviation Regulation or other applicable government regulation, or to
comply with any governmental request for emergency transportation in connection
with the national defense.
(4) Incompatible Medical Requirements. Carrier will refuse to transport persons requiring
the following medical equipment or services, which either are not authorized or
cannot be accommodated on Carrier’s aircraft: medical oxygen for use onboard the
aircraft except FAA-approved and Carrier accepted Portable Oxygen Concentrators
(POCs), incubators, medical devices requiring electrical power from the aircraft, or
travel on a stretcher.
(5) Comfort and Safety. Carrier may refuse to transport, or remove from the aircraft at
any point, any Passenger in any of the circumstances listed below as may be
necessary for the comfort or safety of such Passenger or other Passengers and Crew
members:
(i) Persons who are barefoot and older than five years of age, unless required due to
a disability.

(ii) Persons who are unable to occupy a seat with the seatbelt fastened.
(iii) Persons who have an offensive odor, unless caused by a disability.
(iv) Any person who cannot be transported safely for any reason.
(6) Prisoners. Prisoners (persons charged with or convicted of a crime) under escort of
law enforcement personnel; other persons in the custody of law enforcement
personnel who are being transported while wearing manacles or other forms of
restraint; persons brought into the airport in manacles or other forms of restraint;
persons who have resisted escorts; or escorted persons who express to Carrier an
objection to being transported on the flight.
b. Refusal to Transport – Unruly/Disruptive Passenger
Carrier may, in its sole discretion, refuse to transport, or may remove from an aircraft at any
point, any Passenger in any of the circumstances described below. A Passenger who is so
refused or removed is without further recourse to Carrier for any damages claimed by
Passenger, including the refund value of any unused portion of his/her Ticket, and may be
liable to Carrier for costs and damages as set forth in this Section 6b.
(1) The Passenger, at all times, agrees to conduct himself or herself in a manner that is
not disruptive, unruly or in contravention of any laws of any state which has
jurisdiction over the aircraft.
Conduct is considered to be disruptive or unruly when a Passenger fails to adhere to

orderly rules of conduct while embarking upon or being carried onboard Carrier’s
aircraft or fails to follow the instructions of the Crew and thereby disturbs the good
order and discipline onboard the aircraft. (In this Section, the term “Crew” shall mean
flight crew, cabin crew, or any other employee of Carrier.) Disruptive or unruly
conduct includes, but is not limited to:
(i) Interfering in any way with or disrupting the operation of the aircraft or any of its
components or parts;
(ii) Interfering in any way with or disrupting the Crew, including, but not limited to:
failing to cooperate or interfering with the Crew’s duties, refusing to follow
instructions to board or leave the aircraft, using portable electronic devices in
contravention of instructions from the Crew;
(iii) Refusing to comply with safety instructions (e.g., instructions to fasten a seat belt,
not to smoke, turn off a portable electronic device or disrupting a safety
announcement);
(iv) Verbal confrontation with Crew members or other passengers;
(v) Physical confrontation with Crew members or other passengers;
(vi) Refusing to permit the search of his/her person or property by Carrier, Crew or an
authorized government agency for explosives, hazardous materials, contraband, or
concealed, deadly, or dangerous weapons or articles;
(vii) Refusing to produce positive identification acceptable to the Carrier upon request.
For international travel, any Passenger that has not obtained and completed all
documentation required for entry into and exit from each country, as well as
compliance with the laws, requirements or procedures of each country listed on
such itinerary;
(viii) Making an intentional misrepresentation in response to a question or inquiry by the

Carrier or Crew, or otherwise attempting to commit, or committing, a fraudulent act
against the Carrier;
(ix) Making threats against the safety of the Crew, passengers and aircraft (includes all
types of threats, whether directed against a person, e.g., threat to injure someone,
or intended to cause confusion and chaos, such as statements referring to a bomb
threat, or simply any threatening behavior that could affect the safety of the Crew,
passengers and aircraft);
(x) Boarding or attempting to board an aircraft when the passenger has an infectious
disease or infection that poses a direct threat (as defined in 14 CFR § 382.3) to the
health or safety of passengers and/or Crew;
(xi) Boarding or attempting to board an aircraft with a weapon (Carrier will carry
Passengers who meet the qualifications and conditions established in 49 CFR §
1544.219);
(xii) Being or appearing to be intoxicated or under the influence of drugs or alcohol;
(xiii) Engaging in, or threatening, sexual abuse or harassment;
(xiv) Engaging in lewd, obscene or patently offensive behavior, including wearing

clothes that are lewd, obscene or patently offensive;
(xv) Refusing to comply with instructions given by Carrier or Crew prohibiting the
solicitation of items for sale or purchase, including airline Tickets, reduced-rate
travel passes, or travel award certificates;
(xvi) Smoking or attempting to smoke onboard the aircraft;
(xvii) Other types of riotous, disorderly, offensive, threatening, intimidating, violent or

belligerent behavior (e.g., screaming; annoying behavior; kicking and/or banging
seat backs/tray tables; harassment related to race, color, gender, religion, national
origin, disability, age, ethnicity, or sexual orientation).
(2) Carrier Action
If the Carrier determines, in its sole discretion, that a Passenger has failed or is failing
to comply with any of the requirements of this Section 6.b, the Carrier may take any
of the following actions that it considers necessary to prevent the continued disruptive
or unruly conduct, protect aircraft passengers and/or Crew, and/or protect the good
order, safety and discipline onboard the aircraft.
Physical restraint of that Passenger

Diversion of the aircraft
Removal of that Passenger from the aircraft and termination of carriage of that
Passenger
Refusal to carry that Passenger on ticketed and/or future flights
Reporting of that Passenger to law enforcement authorities
(3) Exoneration of Liability
That Passenger is without recourse against the Carrier for any actions described in
Section 6b(2)
In any action for damages, however founded, if the Carrier proves that the loss or
damage was caused or contributed to by the disruptive or unruly conduct of the
Passenger claiming compensation, the Carrier shall be exonerated from liability to the
extent the conduct caused or contributed to the damage.
When the loss or damage is claimed by a person other than that Passenger, the
Carrier, to the extent permitted by applicable law, shall likewise be exonerated from
its liability to the extent it proves that the damage was caused or contributed to by the
unruly or disruptive conduct of that Passenger.
In the case of damage occasioned by delay the Carrier shall not be liable if it proves
that: (a) the delay was caused by the disruptive or unruly conduct of that Passenger;
or (b) in the case of International Travel, it and its servants and agents took all
measures that could reasonably be required to avoid the damage caused wholly or
partly by that Passenger’s unruly or disruptive conduct, or that it was impossible for it
or them to take such measures.
(4) Carrier’s Right of Recourse Against that Passenger
Passenger agrees that he or she shall be liable, upon demand by the Carrier, for all
of the Carrier’s costs and damages incurred as a result of that Passenger’s disruptive
or unruly conduct within the meaning of Section 6b including, but not limited to:
Repair or replacement of property, including baggage, that was damaged or

destroyed by the disruptive or unruly conduct of that Passenger or that resulted
from efforts to subdue, restrain, or remove that disruptive or unruly Passenger;
Any damage, including death or bodily injury, of any passenger or Crew member
caused or contributed to by the disruptive or unruly conduct of that Passenger;
Compensation for delay to passengers, Crew members, and Carrier caused by
the disruptive or unruly conduct of that Passenger; and
The costs incurred by Carrier attributable to any diversion or delay or other
interference with the operation of the aircraft due to the disruptive or unruly
conduct of that Passenger, including landing and parking fees, fuel purchases,
and payments for food and lodging made available to passengers as a result of
the diversion.
The Carrier expressly preserves, any other right of recourse or remedy it may have
under applicable law against any Passenger engaged in disruptive or unruly conduct,
including without limitation, all rights of contribution and indemnity.

c. Carriage of Children
(1) Accompanied Minor Children
(i) Infants younger than 14 days of age. Carrier will not provide transportation
services to any infant younger than 14 days of age, unless a written statement is
provided by an attending physician approving such infant for air travel. Infants must
be accompanied by a Passenger 12 years old or older.
(ii) Children 14 days old and younger than two years old. One child 14 days up to two
years old on the date of travel may be carried on the lap of an accompanying
Passenger 12 years of age or older. If an adjacent unoccupied seat is available,
the child may be secured in an FAA-approved child restraint device without charge.
However, if the child is traveling without a confirmed reservation and no adjacent
unoccupied seats are available, the child restraint device may have to be
transported as Checked Baggage.
(iii) Children 14 days old and younger than two years old traveling on a confirmed
reservation, with or without the use of an FAA-approved child restraint device, will
be charged the published Infant Fare (see Section 3) or lowest available adult fare,
whichever is less.
(iv) See Section 8 for additional requirements for the Carriage of Children for
international travel.
(2) Unaccompanied Minor Children
(i) Children younger than five years old. Carrier will not accept for Carriage any child
less than five years old unless accompanied by a Passenger at least 12 years of
age.
(ii) Children five through 11 years old. Unaccompanied children ages five through 11
years old will be required to use Carrier’s unaccompanied minor service and will be
accepted for Carriage by Carrier provided the child has a confirmed reservation
and the flight on which he or she travels does not require a change of aircraft or
flight number. However, any unaccompanied child age five through 11 years old
will not be accepted for Carriage if, because of operational disruptions, the Carrier
determines, in its sole discretion, that the flight on which the child holds a
reservation is anticipated to terminate short of or bypass the child’s destination.
Carrier will not transport unaccompanied minor children on international itineraries.
See Section 8 for additional information.
(iii) Child drop off and pick up. The parent or guardian who brings an unaccompanied
minor child to the departure airport will be required to remain at the departure gate
until the flight is airborne. Carrier must be furnished with documentation (duplicate
of which must be in the child’s possession) that the child will be met by another
parent or guardian upon deplaning at his or her destination. The parent or guardian
meeting the child at his or her destination will be required to present a valid
government-issued photo ID and sign a release form designated by Carrier.

(iv) Unaccompanied Minor Charge. In addition to the applicable fare, children for
whom unaccompanied minor Carriage is required must pay the applicable
unaccompanied minor charge. The unaccompanied minor charge may be
refundable under the following circumstances:
The reservation is canceled by the Customer.
The Carrier cancels the flight, and the Customer elects to not rebook.
The child does not travel unaccompanied (i.e., the fee was paid, but an
accompanying adult ultimately travels with the child).
(3) Child Restraint Devices
(i) Unless unoccupied seats are available on a flight, Carrier requires a reservation
and purchase of a Ticket for Carriage of a child restraint device on board the
aircraft to ensure that a child restraint device may be used during flight. Only
federally approved child restraint devices are permitted for use aboard Carrier’s
aircraft. Federal regulations prohibit the use of child booster seats and harness-or
vest-type restraining devices, unless such devices have been specifically approved
by the Federal Aviation Administration under a Type Certificate (TC), Supplemental
Type Certificate (STC), or Technical Standard Order (TSO). Customers are
responsible for providing Carrier copies of TC, STC, or TSO documentation for
review at the departure gate. Child restraint devices will be considered as items of
carryon Baggage counting toward the adult Passenger’s carryon allowance, unless
the child has been ticketed and a seat reserved for use of the CRD.
d. Carriage of Passengers with Disabilities

(1) Carrier will transport Qualified Individuals with a Disability in accordance with the
requirements of the U.S. Department of Transportation regulations, 14 CFR Part 382,
unless the Carriage of such individuals may impair the safety of the flight or violate
Federal Aviation Regulations. Pursuant to 14 CFR § 382.113, the Carrier will not
provide certain extensive inflight special services such as assistance in eating,
assistance with elimination functions in the lavatory or at the Passenger’s seat, or
provision of medical services. Carrier may require, at its sole discretion, pursuant to
14 CFR § 382.29, that a Qualified Individual with a Disability be accompanied by a
safety assistant as a condition of being provided air transportation in the following
circumstances:
(i) When the Passenger is unable to comprehend or respond appropriately to safety

instructions from Carrier, including the safety briefing required by 14 CFR §§
121.571(a)(3) and (a)(4) because of a mental disability;
(ii) When the Passenger has a mobility impairment so severe that the Passenger is
unable to physically assist in his or her own emergency evacuation of the aircraft;
or
(iii) When the Passenger has both severe hearing and severe vision impairments that
prevent the Passenger from establishing a means of communication with Carrier in
order to permit transmission of the safety briefing required by 14 CFR §§ 121.571
(a)(3) and (a)(4).
If Carrier determines, in its sole discretion, that an individual meeting the criteria
above must travel with a safety assistant and the individual disagrees and believes
he/she is capable of traveling independently, Carrier will not charge the individual
for Carriage of a safety assistant of the Carrier’s choosing. If a seat is not available
for the safety assistant and the individual with a disability is unable to travel on the
flight, the individual will be eligible for denied boarding compensation. For
purposes of determining whether a seat is available, the safety assistant shall be
deemed to have checked in at the same time as the individual with the disability.
(2) Assistive Devices. Mobility and other assistive devices used by a Qualified Individual
with a Disability may be carried in the aircraft cabin in addition to the carryon
Baggage allowance. If necessary due to the Passenger’s disability, Carrier will
provide assistance in loading, stowing, and retrieving carryon items, including
assistive devices. If the device cannot be carried in the Passenger cabin in
accordance with FAA regulations, the device will be checked and carried free of
charge in addition to the free Baggage allowance. No oversize or excess weight
charges will be assessed. Assistive devices not for the personal use of the
Passenger will be accepted subject to a limited release of liability, and may be
subject to oversized or overweight charges as described in Section 7f.
(3) Limitation of Liability. Carrier’s liability with respect to damage to or loss of mobility
and other assistive devices shall not exceed the documented original purchase price
of the assistive device pursuant to 14 CFR § 382.131. Carrier will also compensate
the Passenger for other reasonable expenses incurred as a direct result of the loss
of, damage to, or delayed delivery of the mobility or assistive device.
(4) Trained Service Animals
(i) Carrier permits fully trained service animals used by a Qualified Individual with a
Disability, as that term is defined in this Contract of Carriage, to accompany the
Passenger onboard the aircraft at no charge. For travel from the continental United
States to Hawaii, only trained service dogs are permitted. See Section 8 for
additional information for international travel.
(ii) A Qualified Individual with a Disability must provide credible verbal assurance that
an animal is a Trained Service Animal, as that term is defined in this Contract of
Carriage.
(iii) Carrier will permit a Trained Service Animal to accompany a Qualified Individual
with a Disability, unless Carrier determines in its sole discretion that the animal
obstructs an aisle or other area that must remain unobstructed in order to facilitate
an emergency evacuation or the animal poses a safety risk to Passengers and/or
the flight crew. Trained Service Animals may not occupy a seat.
(iv) A Trained Service Animal accompanied by a trainer will be permitted to travel

aboard Carrier’s aircraft only if the animal is being delivered to the domicile of a
Qualified Individual with a Disability who either owns or, upon delivery, will take
immediate ownership of the animal for that individual’s personal use. No charge will
be assessed for Carriage of a Trained Service Animal being delivered to the
domicile of the animal’s owner under such circumstances.
(v) Service animals in training will not be accepted by Carrier for transport.
(vi) An animal must be trained to behave properly in a public setting and be under the
control of the handler at all times. Carrier retains the right, in its sole discretion, to
refuse to transport any animal exhibiting or known to have exhibited disruptive

behavior or any other characteristics that appear incompatible with air travel.
(vii) Local laws and regulations at a Qualified Individual with a Disability’s final or
intermediate destination(s) may apply and impose further requirements or
restrictions. Qualified Individuals with a Disability assume full responsibility for
compliance with all governmental laws and regulations, including but not limited to,
health certificates, permits and vaccinations required by the country, state, or
territory from and/or to which the Trained Service Animal is being transported.
Carrier is not liable for any assistance or information provided by the Carrier or any
employee or agent thereof to any Qualified Individual with a Disability relating to
compliance with such laws and regulations. Subject to applicable laws and
regulations, a Qualified Individual with a Disability is solely responsible for any
expenses incurred or any consequences resulting from his or her failure to comply
with applicable laws and regulations. Carrier expressly reserves the right to seek
reimbursement from a Qualified Individual with a Disability for any loss, damage, or
expense suffered or incurred by Carrier resulting from such Qualified Individual
with a Disability’s failure to comply with applicable laws and regulations.
(5) Emotional Support Animals
(i) Carrier permits one emotional support animal used by a Qualified Individual with a
Disability to accompany the Passenger onboard the aircraft at no charge. See
Section 8 for additional information for international travel.
(ii) A Qualified Individual with a Disability traveling with an Emotional Support Animal
must provide current documentation of the requested accommodation that is
acceptable to the Carrier, as outlined 14 CFR § 382.117(e).
(iii) Carrier will permit an Emotional Support Animal to accompany a Qualified

Individual with a Disability, unless Carrier determines in its sole discretion that the
animal obstructs an aisle or other area that must remain unobstructed in order to
facilitate an emergency evacuation or the animal poses a safety risk to Passengers
and/or the flight crew. The Emotional Support Animal must be in a carrier that can
be stowed under the aircraft seat or on a leash at all times while in the airport and
onboard. An Emotional Support Animal may not occupy a seat or extend beyond
the footprint of the Passenger’s seat.
(iv) An animal must be trained to behave properly in a public setting and be under the
control of the handler at all times. Carrier retains the right, in its sole discretion, to
refuse to transport any animal exhibiting or known to have exhibited aggressive
behavior or any other characteristics that appear incompatible with air travel.
(v) Local laws and regulations at a Qualified Individual with a Disability’s final or
intermediate destination(s) may apply and impose further requirements or
restrictions. Qualified Individuals with a Disability assume full responsibility for
compliance with all governmental laws and regulations, including but not limited to,
health certificates, permits and vaccinations required by the country, state, or
territory from and/or to which the Emotional Support Animal is being transported.
Carrier is not liable for any assistance or information provided by the Carrier or any
employee or agent thereof to any Qualified Individual with a Disability relating to
compliance with such laws and regulations. Subject to applicable laws and

regulations, a Qualified Individual with a Disability is solely responsible for any

expenses incurred or any consequences resulting from his or her failure to comply
with applicable laws and regulations. Carrier expressly reserves the right to seek
reimbursement from a Qualified Individual with a Disability for any loss, damage, or
expense suffered or incurred by Carrier resulting from such Qualified Individual
with a Disability’s failure to comply with applicable laws and regulations.
e. Pets
(1) Pets Allowed in the Cabin. Carrier accepts small vaccinated domestic cats and dogs
at least eight weeks old contained in a pet carrier and traveling with a Passenger.
One pet carrier is allowed per Passenger. The carrier may contain up to two animals
of the same species. Unaccompanied Minors may not travel with a pet. Carrier
reserves the right to limit the number of pet carriers per flight to six, and pets will be
accepted on a first-come, first-served basis.
(2) Pet Carriers. All pets in the cabin must be carried in an appropriate pet carrier and
remain in the carrier at all times (including head and tail) while in the gate area,
during boarding/deplaning, and while onboard the aircraft. The carriers must be leak-
proof and well-ventilated, and the pet(s) must be able to stand up and move around
the carrier with ease. The carrier must be of a size small enough to fit under the seat
in front of the Passenger and must remain stowed under the seat in front of the
Passenger during the entire duration of the flight. Passengers traveling with a pet
may not occupy an exit row seat or a seat with no forward under seat stowage.
(3) Pet Fares. All occupied pet carriers are subject to the applicable pet fare. Pet
reservations can only be booked by calling Southwest Airlines. The pet fare must be
collected at the airport ticket counter and may not be applied toward future travel if
unused. Passenger traveling with a pet must check the pet in at the airport ticket
counter and pay the pet fare before proceeding to the departure gate. The pet fare
may be refundable under the following circumstances:
The reservation is canceled by the Customer.
The Carrier cancels the flight, and the Customer elects not to rebook.
(4) Pets Incompatible with Air Travel. Carrier retains the right, at its sole discretion, to
refuse to transport any pet that exhibits aggressive behavior or any other
characteristics that appear to Carrier to be incompatible with air travel at the airport,
in the boarding gate area, or onboard the aircraft. The pet(s) must be healthy,
harmless, inoffensive, odorless, and require no attention during the flight. If the pet
becomes ill during the flight, oxygen or other first aid procedures will not be
administered. In the event of an emergency, an oxygen mask will not be available for
the pet. Carrier assumes no liability for the heath or wellbeing of carryon pets.
(5) No Pets Carried in Cargo Compartment. Carrier will not transport pets in the aircraft
cargo compartments.
(6) No Pets are accepted on international itineraries. See Section 8 for additional
information.
(7) In accordance with Section 4.(a).3, purchase of an additional seat may be required,
at discretion of Carrier, to accommodate the pet of a Passenger with unique seating
needs.

(8) No pets are accepted on itineraries between the continental United States and
Hawaii.
f. Law Enforcement and Search and Rescue Dogs

(1) Law Enforcement and Search and Rescue Dogs Allowed in the Cabin. Carrier
accepts fully-trained law enforcement service dogs trained in explosives or drug
detection (or other specific functions) and search and rescue dogs for transportation,
without charge, when accompanied by their respective handlers on official business.
See Section 8 for additional information for international travel.
(2) Documentation. Each Customer traveling with a law enforcement or search and
rescue dog must present a letter of mission and a copy of the animal’s certification.
(3) Law enforcement and search and rescue animals in training will not be accepted by
Carrier for transport.
(4) Law Enforcement and Search and Rescue Dogs Incompatible with Air Travel. Carrier
retains the right, at its sole discretion, to refuse to transport any dog that exhibits
aggressive behavior or any other characteristics that appear to Carrier to be
incompatible with air travel at the airport, in the boarding gate area, or onboard the
aircraft.
(5) No Law Enforcement or Search and Rescue Dogs Carried in Cargo Compartment.
Carrier will not transport law enforcement or search and rescue dogs in the aircraft
cargo compartments.

7. Baggage
a. Carryon Baggage
(1) General. Carrier, in its sole discretion, will determine whether or not any Baggage,
because of its weight, size, contents, or character, may be carried in the Passenger
cabin of the aircraft. All carryon Baggage must be stowed underneath a seat or in an
overhead bin.
(2) Responsibility of Passenger. Carryon Baggage is the sole responsibility of the

Passenger.
(3) Allowable Carryon Baggage. Passengers are restricted to one item of carryon
Baggage (e.g., roller bag, garment bag, tote bag) that does not exceed external
dimensions of 10” x 16” x 24” plus one smaller personal type item (e.g., purse,
briefcase, laptop computer case, backpack, small camera), provided that such items
are capable of being carried onboard the aircraft by one Passenger without additional
assistance, unless the Passenger requires assistance due to a disability, and are
capable of being stowed under a seat or in an overhead compartment. Sizing boxes
or charts with 10" x 16" x 24" dimensions are located at many of Carrier’s curbside
check-in locations (where available), ticket counters, departure gates, boarding
locations, and on many jetbridges. Carrier reserves the right to further restrict the
number of carryon items.
(i) A roller bag that otherwise would meet the 10” x 16” x 24” dimensions if the wheels
were removed will be accepted.
(ii) Oversized articles of reasonable carryon size that protrude from only one side of
the sizing box or chart and, because of their fragile nature, would be at greater than
normal risk of damage if carried in the cargo hold (e.g., blueprints, map tubes,
fishing poles, artwork, media cameras/video equipment) are considered personal
type items and may be carried in the passenger cabin if remaining onboard space
permits and the item fits in an overhead bin without depriving other Passengers of
sufficient overhead bin space.
(iii) A small musical instrument is considered a personal-type item and may be carried
in the passenger cabin regardless of whether it meets the 10” x 16” x 24”
dimensions if the instrument can be stowed safely in a suitable baggage
compartment in the aircraft cabin or under a passenger seat, and there is space for
such stowage at the time the Passenger boards the aircraft.
(4) Outerwear. In addition to the carryon Baggage allowance provided herein, a coat,
jacket, wrap, or similar outer garment may be carried onboard the aircraft.
(5) Instruments and Equipment. The following conditions apply to acceptance for
Carriage in the cabin of large musical instruments and electronic, computer,
audio/video, or other equipment and parts thereof, the size or shape of which
prevents such instruments or equipment from being handled as normal carryon
Baggage.
(i) The instrument or equipment must be contained in a case or covered so as to

avoid injury to other Passengers.

(ii) A reservation must be made for the instrument or equipment at a charge no greater
than the Child Fare for each seat used.
(iii) The instrument or equipment must be stowed in accordance with FAA

requirements for carriage of carryon baggage.
(6) Carrier, at its sole discretion, will not transport items of carryon Baggage that it
determines may be harmful or dangerous to a Passenger(s), the flight crew, or the
aircraft.
b. Acceptance of Checked Baggage

(1) General. Carrier, in its sole discretion, will accept personal property of the Passenger
as Baggage subject to the following conditions:
(i) Carrier will only accept Baggage for transportation on a flight on which the
Passenger is transported.
(ii) Carrier will only accept Baggage for transportation if it and its contents can
withstand ordinary handling, and if its weight, size, and character render it suitable
for transportation on the particular aircraft on which it is to be carried, unless the
Passenger agrees to assume the risk of checking the Baggage and the Carrier
accepts the Baggage subject to a limited release of liability, as outlined in Section
7h.
(iii) Each piece of Baggage tendered to Carrier must have a current identification tag or
label with the Passenger’s name, address, and telephone number.
(iv) With the exception of musical instruments and wheelchairs, mobility aids, and other
assistive devices used by a Qualified Individual with a Disability, Carrier will not
accept as Baggage any item having outside measurements (i.e., the sum of the
greatest outside length plus height plus width) that exceed 80 inches or that weigh
more than 100 pounds. Carrier will not accept as Baggage any musical instrument
if the sum of the length, height, and width of the outside linear dimensions of the
instrument (including case or covering) exceeds 150 inches, or the weight of the
musical instrument exceeds 165 pounds (including case or covering).
(v) Carrier will not accept Baggage to an intermediate stop or connection point on the
Passenger’s Ticket or to a point beyond the Passenger’s final ticketed destination.
(vi) Carrier will not accept Baggage that, because of its nature, contents, or
characteristics (e.g., sharp objects, paint, corrosives, or other prohibited hazardous
materials), might cause injury to Passengers or Carrier, damage to aircraft or other
equipment, or damage to other Baggage.
(vii) Carrier will not accept Baggage that it determines cannot safely be carried in the
Baggage compartment of the aircraft for any reason.
c. Surveillance and Inspection of Baggage

(1) All Baggage tendered to Carrier for transportation is subject to surveillance and
inspection by electronic and/or physical means with or without the Passenger’s
consent or knowledge by Carrier and/or authorized government agencies.

d. Checking of Baggage
(1) Carrier will not accept or hold Baggage from a Passenger on day of travel at Carrier’s
airport ticket counter or curbside check-in locations (where available) if tendered to
Carrier earlier than four hours in advance of flight departure time.
(2) Where available, Baggage may be accepted at an earlier time at authorized offsite
Baggage check-in facilities.
(3) Baggage must be checked at Carrier’s airport ticket counter or curbside check-in
locations (where available) at least 45 minutes prior to the flight’s scheduled
departure time, See Section 8 for additional requirements for international travel.
(4) Baggage checked in less than 45 minutes prior to a flight’s scheduled departure time
is subject to Section 7h(8).
(5) Baggage for international flights will not be accepted if presented to Carrier less than
60 minutes (less than 75 minutes for flights departing from Aruba) prior to scheduled
departure. Passengers cannot voluntarily separate from luggage on international
flights.
e. Free Checked Baggage Allowance

(1) General. Upon presentation by a Passenger of a valid Ticket, Carrier will transport
two pieces of Baggage without charge, each piece of which has outside
measurements (i.e., the sum of the greatest outside length plus width plus height) not
exceeding 62 inches, does not weigh more than 50 pounds per piece, and provided
such Baggage is suitable to be checked for Carriage in the cargo hold of the aircraft.
(2) Military Baggage Allowance. Military Passengers traveling on active duty or

permanent change of station (PCS) orders will be exempt from the two-piece
Baggage limit and will not be subject to excess, oversize, or overweight Baggage
charges, provided that none of the pieces of Baggage exceeds 100 pounds in weight
and 80 inches in size (outside length plus height plus width).
(3) Travel Equipment for Infants and Small Children. One stroller and one Child Restraint
Device (car seat) per fare-paying Passenger will be accepted subject to a limited
release of liability, as outlined in Section 7h. Carrier will accept the items without
charge and will not count toward a Passenger’s free Checked Baggage allowance.
(4) Firearms. Carrier will not accept assembled firearms and ammunition for
transportation, except as provided below and subject to the size and weight
specifications contained below and in Section 7f. Carrier will not accept firearms or
ammunition for international travel. See Section 8 for additional information.
(i) General. Firearms (e.g., sport rifles, shotguns, and handguns) may be transported
as Checked Baggage, so long as they are unloaded and encased in a hard sided,
locked container acceptable to Carrier for withstanding normal Checked Baggage
handling without sustaining damage to the firearm, with the Passenger retaining
possession of the key or combination to the container lock.
(ii) Ammunition. Small arms ammunition intended for sport or hunting will be accepted
only if carried within sturdy Checked Baggage and in the manufacturer’s original

container or an equivalent fiber, wood, or metal container specifically designed to

carry ammunition and providing for sufficient cartridge separation. Magazines and
clips containing ammunition must be securely packaged so as to protect the
cartridge primers. Carrier will accept no more than 300 rounds of pistol (rim fire)
ammunition, 120 rounds of rifle (center fire) ammunition, or 150 shotgun shells per
Passenger, with a total gross weight of the ammunition plus containers not to
exceed 11 total pounds per Passenger.
(iii) Gun Boxes. Gun boxes designed to hold no more than two sporting rifles, shotguns
or handguns are exempt from oversize Baggage charges; however, they will be
subject to excess Baggage and weight charges if applicable.
(5) Sporting Equipment. Any of the items listed below may be checked in substitution of
one piece of the free Checked Baggage allowance for each Passenger at no charge
on a one-item-for-one-bag basis. If the item of sporting equipment exceeds 50
pounds in weight or 62 inches in size (outside length plus height plus width), excess
weight and size charges may apply in accordance with Section 7f.
(i) Archery equipment, including a bow, arrows, and an average size target (large
target stands cannot be accepted), so long as the bow and arrows are encased in
a container acceptable to Carrier for withstanding normal Baggage handling
without sustaining damage to the equipment.
(ii) Baseball/Softball equipment, including one bag generally consisting of four bats,
one helmet, one pair of cleats, one uniform, one glove, and one pair of batting
gloves. The catcher may have additional equipment.
(iii) Bicycles (defined as nonmotorized and having a single seat) properly packed in a
hard-sided bicycle box that fall within the dimensions and weight limits established
for normal Checked Baggage, (i.e., 62 inches or less in overall dimensions and
less than 50 pounds in weight). Pedals and handlebars must be removed and
packaged in protective materials so as not to be damaged by or cause damage to
other Baggage. Bicycles packaged in cardboard or soft-sided cases will be
accepted subject to a limited release of liability, as outlined in Section 7h.
(iv) Boogieboard, kneeboard or wakeboard.
(v) Bowling bag, including ball(s) and shoes.
(vi) Fishing tackle box and fishing rod, so long as the rod is encased in a cylindrical
fishing rod container suitable to Carrier for withstanding normal Checked Baggage
handling without sustaining damage to the rod.
(vii) Golf bag in hard-sided golf bag carrying case provided by Passenger, including
clubs, balls, and shoes. (Hooded golf bags or golf bags in a soft-sided carrying
case provided by the Passenger will be accepted subject to a limited release of
liability, as outlined in Section 7h).
(viii) Hockey and/or lacrosse stick(s), two hockey or lacrosse sticks taped together and
one equipment bag generally consisting of pads, helmets, pants, jersey, gloves,
and skates.

(ix) SCUBA equipment, provided air tanks are empty and all accompanying equipment
(e.g., BCD, weight belt, one regulator, one tank harness, one tank pressure gauge,
one mask, two fins, one snorkel, one knife, and one safety vest) are encased
together in a container acceptable to Carrier.
(x) Skateboard.
(xi) Snow ski equipment, including skis or snowboards, ski boots, and ski poles,
including one pair of skis or one snowboard, one set of poles, and one pair of
ski/snowboard boots encased in a container(s) acceptable to Carrier.
(xii) Water ski equipment encased in a container(s) acceptable to Carrier and including
no more than one pair of water skis and one life preserver.
(6) Musical Instruments. Musical instruments may be checked in substitution of one

piece of the free Checked Baggage allowance for each Passenger at no charge on a
one-item-for-one-bag basis. If the musical instruments exceed 50 pounds (including
case or covering) in weight or 62 inches in size (outside length plus height plus width,
including case or covering), excess weight and size charges may apply in
accordance with Section 7f.
f. Excess, Oversize, and Overweight Baggage Charges

(1) Excess Baggage. Each piece of Baggage in excess of the free Baggage allowance
specified above that is not in excess of 62 inches (outside length plus height plus
width) and 50 pounds or less will be accepted for a charge of $75.00 per item One-
way.
(2) Oversize Baggage. Subject to Section 7f(4), Baggage in excess of 62 inches but not
more than 80 inches (outside length plus height plus width) and musical instruments
in excess of 62 inches but not more than 150 inches (outside length plus height plus
width, including case or covering) will incur an oversize charge of $75.00 per item
One-way.
(3) Overweight Baggage. Subject to Section 7f(4), Baggage weighing between 51 and
100 pounds and musical instruments weighing between 51 and 165 pounds
(including case or covering)will be accepted as Checked Baggage for an excess
weight charge of $75.00 per item One-way.
(4) Excess, Oversize and/or Overweight Baggage Embargos. Excess, oversize and/or
overweight Baggage may not be accepted on flights to/from certain cities during
certain specified dates. Contact Southwest Airlines Reservations or Southwest.com®
Baggage Policies for a list of cities and effective dates.
(5) Prohibited Baggage. Baggage in excess of 80 inches (outside length plus height plus
width) and/or Baggage weighing more than 100 pounds will not be accepted for
Carriage, except if mobility or other assistive devices, hanging garment sample bags
with outside length, width, and height measurements up to a maximum of 110 inches,
if flexible, or as provided in Section 7e.
g. Special Items

The items listed below shall be acceptable for Carriage as Checked Baggage upon the
Passenger's compliance with the special packing requirements and payment of the
applicable One-way charge as outlined on our website,
https://www.southwest.com/html/customer-service/baggage/index.html.
(1) Bicycle (defined as nonmotorized and having a single seat) properly packed in a
bicycle box or hard sided case larger than 62 inches in total dimensions will be
accepted as Checked Baggage. Pedals and handlebars must be removed and
packaged in protective materials so as not to be damaged by or cause damage to
other Baggage. Bicycles packaged in cardboard or soft sided cases will be accepted
subject to a limited release of liability, as outlined in Section 7h.
(2) Camera, film, video, lighting, and sound equipment will be accepted when tendered
by representatives of network or local television broadcasting companies or
commercial film-making companies. A charge will be applied for each item in excess
of the free Baggage allowance.
(3) Javelins in a single bag, regardless of the number of javelins encased together, will
be accepted.
(4) Kayak (other than a sea kayak). Paddle(s) must be secured.
(5) Life Raft
(6) Surfboard and Kiteboards
(i) Surfboards and Kiteboards may be subject to a limited release of liability, as

outlined in Section 7h.
(ii) Intrastate Hawaii Travel: Surfboards checked on an itinerary that is for wholly
intrastate Hawaii travel (tickets that have an origin and destination solely in the
state of Hawaii) are not subject to applicable One‐way charges as long as they
meet weight restrictions as outlined on our website,
https://www.southwest.com/html/customer-service/baggage/index.html.
(7) Vaulting poles will be accepted in a single bag, regardless of the number of poles in
the bag.
(8) Wind surfing board, sail, boom.
h. Unsuitable Baggage Subject to Limited Release of Liability
Carrier may, at its sole discretion, but is not obligated to, accept Baggage unsuitable for
Carriage as Checked Baggage, subject to a Limited Release of Liability, as provided below:
(1) Voluntary Separation for which Carrier is not liable for delay;
(2) Fragile and unsuitably packed items for which Carrier is not liable for damage and
loss of contents;
(3) Previously damaged items for which Carrier is not liable for damage and loss of
contents;

(4) Inadequately packaged or over-packed items for which Carrier is not liable for
damage and loss of contents;
(5) Perishable items for which Carrier is not liable for spoilage, damage, or delay;
(6) Soft-sided cases or unprotected/unpacked items, for which Carrier is not liable for
damage and loss of contents;
(7) High-Value Items described in paragraph (i) of this Section, for which Carrier
assumes no responsibility for loss, damage, or delay;
(8) Late-tendered Baggage for which Carrier is not liable for delay; and
(9) Items where specific requirements under this Section are not met, for which Carrier is
not liable for loss, damage, or delay.
Passenger’s tender of unsuitable baggage for check-in constitutes Passenger’s agreement

to the Limited Release of Liability specified in this paragraph. Carrier, in its sole discretion,
may require Passenger to sign a Limited Release of Liability form, but it is not necessary.
i. Limitations of Liability
(1) General. The liability, if any, of Carrier for loss of, damage to, or delay in the delivery
of Checked or carryon Baggage and/or its contents, with the exception of
wheelchairs, mobility aids, and assistive devices used by a Qualified Individual with a
Disability, is limited to the proven amount of damage or loss, but in no event shall be
greater than $3,500.00 per fare paying Passenger pursuant to 14 CFR § 254.4
unless the Passenger at time of check-in has declared the value of the baggage to be
in excess of Three Thousand Five Hundred Dollars ($3,500.00) ("excess valuation")
and has paid an additional charge of One Dollar ($1.00) for each One Hundred
Dollars ($100.00) of excess valuation. See Paragraph (2) below for excess valuation
limitations and Section 8 for information regarding international travel.
(i) Carrier will compensate the Passenger for reasonable, documented damages
incurred as a direct result of the loss of, damage to, or substantially delayed
delivery of such Baggage up to the limit of liability, provided the Passenger has
exercised reasonable efforts and good judgment to minimize the amount of
damage. Actual value for reimbursement of lost or damaged property shall be
determined by the documented original purchase price less depreciation for prior
usage.
(ii) Southwest does not assume liability for claims of missing or damaged articles if a
Passenger’s Checked Baggage is not damaged, delayed, or lost.
(2) Excess Valuation
(i) The declared excess valuation for baggage shall not exceed One Thousand Two
Hundred and Fifty Dollars ($1,250.00) above the Three Thousand Five Hundred
Dollar ($3,500.00) limitation of Carrier's liability established by this Contract of
Carriage, for a total maximum declared valuation of Four Thousand Seven
Hundred and Fifty Dollars ($4,750.00). Excess valuation coverage is not available
for money; jewelry; photographic, video, and optical equipment; computers and
other electronic equipment; computer software; silverware and china; fragile or
perishable items; liquids; precious gems and metals; negotiable papers; securities;
business or personal documents; samples; items intended for sale; paintings,

artifacts, and other works of art; antiques; collectors’ items; unique or irreplaceable
items; heirlooms; research, experimental, and scholastic items and documents;
manuscripts; furs; irreplaceable books or publications; and similar valuables.
(ii) When excess value is declared, the Passenger's baggage and its contents may be
inspected by Carrier's Employees. Such baggage must be checked, and excess
valuation coverage will apply only to the point to which it is checked by Carrier and
claimed by the Passenger.
(3) Baggage Delivery
(i) General. Carrier will pay delayed Checked Baggage delivery charges only so long
as such Baggage was tendered to Carrier by the Passenger at least 45 minutes
prior to the scheduled departure time of the Passenger’s first flight. If a
Passenger’s Baggage is tendered to Carrier less than 45 minutes prior to the
scheduled departure of the Passenger’s first flight, Carrier will make reasonable
efforts, but cannot guarantee, to transport such Baggage on the Passenger’s
flights, and Carrier will not assume responsibility for delivery charges if such
Baggage arrives at the Passenger’s destination on a subsequent flight. See
Section 8 for conditions applicable to international travel.
(4) Personal Property Carried Onboard Aircraft. Except as otherwise provided in

Section 8, Carrier assumes no responsibility and will not be liable for loss of or
damage to personal property carried onboard an aircraft by a Passenger.
(5) High-Value Items Unsuitable for Checked Baggage. Carrier assumes no

responsibility for and will not be liable for money; jewelry; photographic, video, and
optical equipment; computers and other electronic equipment; computer software;
silverware and china; fragile or perishable items; liquids; precious gems and metals;
negotiable instruments; securities; business or personal documents; samples; items
intended for sale; paintings, artifacts, and other works of art; antiques; collectors’
items; unique or irreplaceable items; heirlooms; research, experimental, and
scholastic items and documents; manuscripts; furs; irreplaceable books or
publications; and similar valuables contained in carryon or Checked Baggage. For
the Passenger’s protection, these items should not be transported in or as Checked
Baggage. See Section 8 for information about coverage for international travel.
(6) Normal Wear and Defects. Carrier assumes no responsibility and will not be liable for
loss or damage arising from normal wear and tear, such as cuts, scratches, scuffs,
stains, dents, punctures, marks, and dirt. Furthermore, Carrier assumes no liability for
defects in Baggage manufacture.
(7) Previously Damaged Items. Carrier assumes no responsibility and will not be liable
for further damage to previously damaged items. Carrier may, but is not obligated to,
accept previously damaged items subject to a limited release of liability, as outlined in
in Section 7h.
(8) Claims. In the case of loss of, damage to, or substantial delay in delivery of Checked
Baggage, a claim will not be entertained by Carrier unless the following steps are
completed by Passenger:

(i) In all cases, Passenger must notify Carrier of the claim and receive a Baggage
report number not later than four hours after either: (1) arrival of the flight on which
the loss, damage, or delay is alleged to have occurred or (2) receipt of the
Baggage, whichever is applicable to the claim; and
(ii) In all cases, Passenger must submit either: (1) the completed Lost/Delayed Report
Receipt form provided by Carrier or (2) a written correspondence that includes the
Baggage report number to the Carrier not later than 21 days after the occurrence of
the event giving rise to the claim; and
(iii) In the case of lost Baggage, Passenger must also submit a completed Property
Loss Claim form to Carrier. The form will be mailed to the Passenger upon receipt
of written notice of the claim as stated in 7i(8)(ii). The form must be completed and
postmarked within 30 days of date of issue by the Carrier.

8. International Travel
a. Application of Montreal or Warsaw Convention
(1) For the purposes of international carriage governed by the Montreal Convention or
the Warsaw Convention, whichever may apply, the liability rules set out in the
applicable Convention as implemented by this Section are fully incorporated by
reference in this Contract of Carriage and shall supersede any other provisions of this
contract which may be inconsistent with those rules.
b. Death or Injury of Passengers

(1) The Carrier shall be liable under Article 17 of the Montreal Convention or Warsaw
Convention, whichever may apply, for recoverable compensatory damages sustained
in the case of death or bodily injury of a Passenger, as provided in the following
paragraphs:
(i) The Carrier shall not be able to exclude or limit its liability for damages not
exceeding 128,821 Special Drawing Rights for each Passenger.
(ii) The Carrier shall not be liable for damages to the extent that they exceed 128,821
Special Drawing Rights for each Passenger if the Carrier proves that: (a) such
damage was not due to the negligence or other wrongful act or omission of the
Carrier or its servants or agents; or (b) such damage was solely due to the
negligence or other wrongful act or omission of a third party.
(iii) The Carrier reserves all other defenses and limitations available under the
Montreal Convention or Warsaw Convention, whichever may apply, to such claims
including, but not limited to, the exoneration defense of Article 20 of the Montreal
Convention and Article 21 of the Warsaw Convention, except that the Carrier shall
not invoke Articles 20 and 22(1) of the Warsaw Convention in a manner
inconsistent with paragraphs (i) and (ii) hereof.
(iv) With respect to third parties, the Carrier reserves all rights of recourse against any
other person, including, without limitation, rights of contribution and indemnity.
(v) The Carrier agrees that, subject to applicable law, recoverable compensatory
damages for such claims may be determined by reference to the laws of the
country of the domicile or country of permanent residence of the Passenger.
(2) In cases of bodily injury or death, the Carrier shall make an advance payment where
the Carrier determines it is necessary to meet the immediate economic needs of, and
hardship suffered by, a Passenger as provided in the following paragraphs:
(i) Unless a dispute arises over the identity of the person to whom an advance
payment shall be made, the Carrier shall, without delay, make the advance
payment to the Passenger in an amount or amounts determined by the Carrier in
its sole discretion. In the event of death of a Passenger, the amount of the advance
payment shall not be less than 16,000 Special Drawing Rights, which shall be paid
to a representative of the Passenger’s next of kin eligible to receive such advance
payment as determined by the Carrier in its sole discretion.

(ii) The Carrier shall make the advance payment as an advance against the Carrier’s
liability under the Montreal Convention or the Warsaw Convention, whichever may
apply. An advance payment shall not constitute recognition of liability. An advance
payment shall be offset against, or deducted from the payment of, any settlement
or judgment with respect to any claim for compensation on behalf of the
Passenger.
(iii) The Carrier, in making an advance payment, does not waive any rights, defenses,
or limitations available under the Montreal Convention or the Warsaw Convention,
whichever may apply, to any claim, nor shall acceptance of an advance payment
constitute a release of any claim, whatsoever, by any person.
(iv) The Carrier, in making an advance payment, preserves its right to seek contribution
or indemnity from any other person for such payment, which shall not be deemed
to be a voluntary contribution or contractual payment on the part of the Carrier.
(v) The Carrier may recover an advance payment from any person where it is proven
that the Carrier is not liable for any damage sustained by the Passenger, or where
it is proven that the person was not entitled to receive the payment, or where and
to the extent that it is proven that the person who received the advance payment
caused, or contributed to, the damage.
c. Delay of Passengers
(1) Carrier shall be liable for damage occasioned by delay in the carriage of Passengers
by air, as provided in the following paragraphs or in accordance with local law for
flights departing from an international location:
(i) The Carrier shall not be liable if it proves that it and its servants and agents took all
measures that could reasonably be required to avoid the damage, or that it was
impossible for it or them to take such measures.
(ii) Airport, Air Traffic Control, security, and other facilities or personnel, whether public
or private, not under the control and direction of the Carrier are not servants or
agents of the Carrier, and the Carrier is not liable to the extent the delay is caused
by these kinds of facilities or personnel.
(iii) Damages occasioned by delay are subject to the terms, limitations and defenses
set forth in the Montreal Convention and the Warsaw Convention, whichever may
apply. They include foreseeable compensatory damages sustained by a Passenger
and do not include mental injury damages.
(iv) The Carrier reserves all defenses and limitations available under the Montreal
Convention or the Warsaw Convention, whichever may apply to claims for damage
occasioned by delay, including, but not limited to, the exoneration defense of
Article 20 of the Montreal Convention and Article 21 of the Warsaw Convention.
Under the Montreal Convention, the liability of the Carrier for damage caused by
delay is limited to 5,346 Special Drawing Rights per Passenger. The limits of
liability shall not apply in cases described in Article 22 (5) of the Montreal
Convention or Article 25 of the Warsaw Convention, whichever may apply.

d. Destruction, Loss, or Delay of Baggage

(1) The Carrier is liable for damages sustained in the case of destruction or loss of,
damage to, or delay of checked and unchecked Baggage, as provided in the
following paragraphs:
(i) Except as provided below, the liability of the Carrier is limited to 1,288 Special
Drawing Rights for each passenger in the case of destruction, loss, damage, or
delay of Baggage, whether checked or unchecked, under the Montreal Convention
or the Warsaw Convention, whichever may apply. Unless the Passenger proves
otherwise: (a) all Baggage checked by a Passenger shall be considered to be the
property of that Passenger; (b) a particular piece of Baggage, checked or
unchecked, shall not be considered to be the property of more than one
Passenger; (c) unchecked Baggage, including personal items, shall be considered
to be the property of the Passenger in possession of the Baggage at the time of
embarkation.
(ii) If a Passenger makes, at the time checked Baggage is handed to the Carrier, a
special declaration of interest and has paid a supplementary sum, if applicable, the
Carrier will be liable for destruction, loss, damage, or delay of such checked
Baggage in an amount not exceeding the declared amount, unless the Carrier
proves that the declared amount is greater than the Passenger’s actual interest in
delivery at destination. The declared amount, and the Carrier’s liability, shall not
exceed the total amount of declaration permissible under the Carrier’s regulations,
inclusive of the limitation of paragraph (1)(i) hereof. In the case of transportation
under the Warsaw Convention, no supplementary sum shall apply unless the
declared amount exceeds 22 Special Drawing Rights per kilogram of the total
recorded weight of the checked Baggage at the time the Baggage is handed to the
Carrier. Nevertheless, the Carrier may impose charges for pieces of Baggage in
excess of any free allowance the Carrier may provide.
(iii) In the case of unchecked Baggage, the Carrier is liable only to the extent the
damage resulted from its fault, or that of its servants or agents.
(iv) The Carrier is not liable for destruction, loss, damage, or delay of baggage not in
the charge of the Carrier, including Baggage undergoing security inspections or
measures not under the control and direction of the Carrier.
(v) The Carrier reserves all defenses and limitations available under the Montreal
Convention and the Warsaw Convention, whichever may apply, to such claims
including, but not limited to, the defense of Article 20 of the Warsaw Convention
and Article 19 of the Montreal Convention, and the exoneration defense of Article
21 of the Warsaw Convention and Article 20 of the Montreal Convention, except
that the Carrier shall not invoke Article 22(2) and (3) of the Warsaw Convention in a
manner inconsistent with paragraph (i) hereof. The limits of liability shall not apply
in cases described in Article 25 of the Warsaw Convention or Article 22 (5) of the
Montreal Convention, whichever may apply.
e. Time Limitations on Claims and Actions

(1) Under the Montreal Convention and the Warsaw Convention, whichever may apply,
an action for damages must be brought within two years, and a complaint must be

made to the Carrier no later than seven calendar days in the case of damage to
baggage, and 21 calendar days in the case of delay thereof.
f. International Travel Documents

(1) Each Passenger traveling on an international itinerary is solely responsible for
obtaining and completing all documentation required for entry into and exit from each
country, as well as for complying with the laws, requirements or procedures of each
country listed on such itinerary. Carrier is not liable for any assistance or information
provided by any employee or agent of Carrier to any Passenger relating to such
documents or compliance with such laws.
(2) Parents/guardians of minor children are responsible for compliance with all
requirements and procedures for minor children traveling internationally, which may
include, but may not be limited to, documentary evidence, such as a notarized letter
of relationship and permission for the child's travel from the birth parent(s) or legal
guardian(s) not present.
(3) Carrier reserves the right, in its sole discretion, to deny boarding to any Passenger
whose documentation is deemed by either Southwest or a governmental agency to
be insufficient for travel or who otherwise does not comply with laws, requirements or
procedures of the specific country the Passenger is traveling to, departing from,
transiting through, or returning to.
(4) Subject to applicable laws and regulations, the Passenger is solely responsible for
any expenses incurred or any consequences resulting from his or her failure to
obtain, complete, or present sufficient documentation for entry into and exit from each
country, as well as for complying with the applicable laws and regulations. Carrier
expressly reserves the right to seek reimbursement from the Passenger for any loss,
damage, or expense suffered or incurred by Carrier resulting from Passenger’s failure
to obtain, complete, or present sufficient documentation for entry into and exit from
each country, as well as for complying with the applicable laws and regulations.
g. Foreign Currency
(1) To the extent permitted by local law, Passenger agrees to contract exclusively in U.S.
dollars.
(2) All refunds will be subject to government laws, rules, regulations, or orders of the
country in which the Ticket was originally purchased and of the country in which the
refund is being made.
(3) Refunds will be made in the currency in which the fare was paid, or, at Carrier’s
election where legally permissible, in U.S. dollars in the amount equivalent to the
amount due in the currency in which the fare or fares for the flight covered by the
Ticket as originally issued was collected.
h. Partial Tax Refunds in Limited Circumstances

(1) Customers traveling on an international itinerary may be exempt from certain taxes or
charges if applicable criteria are met. The Carrier will refund taxes or other charges
collected for international transportation only where required by law or where such
taxes or other charges were collected in error and the passenger submits evidence of

exemption from the taxes or other charges to: Southwest Airlines Refunds
Department, P.O. Box 36649, Dallas, Texas 75235-1649.
i. Check-in Times for International Flights

(1) Minimum check-in time for Passengers (with or without checked baggage) is at least
60 minutes prior to scheduled departure. Passengers who do not meet this check-in
time will not be permitted to check-in or board the flight. For flights departing Aruba,
the minimum check-in time for Passengers (with or without checked baggage) is at
least 75 minutes prior to scheduled departure. Passengers who do not meet this
check-in time will not be permitted to check-in or board the flight.
(2) Passengers must arrive at the gate and be ready to board at least 10 minutes prior to
scheduled departure. See Section 2a(2) for complete information on check-in
requirements.
j. Travel by Minors
(1) Unaccompanied Minor Travel. Carrier will not transport unaccompanied minor
children on international itineraries. No person under the age of 18 is permitted to
travel on an international flight unless accompanied by a parent or companion at least
18 years of age or older.
(2) Minors Accompanied by One Parent or Someone who is not a Parent. Special
documentation may be required for admission to or departure from certain countries
when a minor child is accompanied by only one parent or a person who is not the
minor’s legal guardian. See Section 8(f) International Travel Documents herein.
k. Carriage of Animals
(1) Pets. No pets are accepted on international itineraries.
(2) Law Enforcement and Search and Rescue Dogs. Law enforcement and search and
rescue dogs are allowed subject to the requirements contained in Section 6f, except
where prohibited due to a conflict of law.
(3) Trained Service and Emotional Support Animals. Trained Service and Emotional
Support animals for Qualified Individuals with a Disability are accepted as required by
14 CFR § 382, except where prohibited due to a conflict of law. See Sections 6.c.(4)
Trained Service Animals and 6.c.(5) Emotional Support Animals for more information.
l. Firearms
(1) Carrier will not accept firearms or ammunition for international travel.

9. Service Interruptions
Refer to Section 8 for conditions applicable to international travel.
a. Failure to Operate as Scheduled

(1) Canceled Flights or Irregular Operations. In the event Carrier cancels or fails to
operate any flight according to Carrier’s published schedule, or changes the schedule
of any flight, Carrier will, at the request of a Passenger with a confirmed Ticket on
such flight, take one of the following actions:
(i) Transport the Passenger at no additional charge on Carrier’s next flight(s) on which
space is available to the Passenger’s intended destination, in accordance with
Carrier’s established reaccommodation practices; or
(ii) Refund the unused portion of the Passenger’s fare in accordance with Section 4c.
(2) Diverted Flights. In the event Carrier diverts any flight, Carrier, at its sole discretion,
will take reasonable steps to transport Passenger to his/her final destination or to
provide reasonable accommodations.
(3) Flight Schedule Changes. Flight schedules are subject to change without notice, and
the times shown on Carrier’s published schedules, Tickets, and advertising are not
guaranteed. At times, without prior notice to Passengers, Carrier may need to
substitute other aircraft and may change, add, or omit intermediate stops. Carrier
cannot guarantee that Passengers will make connections to other flights by the
Carrier or by other airlines. In the event of flight schedule changes or service
withdrawals, Carrier will attempt to notify affected Passengers as early as possible.
(4) Limitation of Liability. Except to the extent provided in Section 9a, Carrier shall not be
liable for any failure or delay in operating any flight, with or without notice for reasons
of aviation safety or when advisable, in its sole discretion, due to Force Majeure
Events, including, without limitation, acts of God, meteorological events, such as
storms, rain, wind, fire, fog, flooding, earthquakes, haze, or volcanic eruption. It also
includes, without limitation, government action, disturbances or potentially volatile
international conditions, civil commotions, riots, embargoes, wars, or hostilities,
whether actual, threatened, or reported, strikes, work stoppage, slowdown, lockout or
any other labor related dispute involving or affecting Carrier’s service, mechanical
difficulties by entities other than Carrier, Air Traffic Control, the inability to obtain fuel,
airport gates, labor, or landing facilities for the flight in question or any fact not
reasonably foreseen, anticipated or predicted by Carrier.
b. Denied Boarding Procedures

(1) The following definitions, as prescribed in 14 CFR § 250.1, pertain solely to the
denied boarding compensation provisions of this Section:
Airport means the airport at which the direct or connecting flight on which the
Passenger holds confirmed reserved space is planned to arrive, or some other airport
serving the same metropolitan area, provided that the transportation to the other
airport is accepted (i.e., used) by the Passenger.
Alternate transportation means air transportation with a confirmed reservation at no

additional charge, operated by a Carrier as defined below, or other transportation

accepted and used by the Passenger in the case of denied boarding.
Class of service means seating in the same cabin class such as First, Business, or
Economy class, or in the same seating zone if the Carrier has more than one seating
product in the same cabin such as Economy and Premium Economy class.
Confirmed reserved space means space on a specific date and on a specific flight
and class of service of a Carrier which has been requested by a Passenger, including
a Passenger with a ‘‘zero fare ticket,’’ and which the Carrier or its agent has verified,
by appropriate notation on the ticket or in any other manner provided therefore by the
Carrier, as being reserved for the accommodation of the Passenger.
Fare means the price paid for air transportation including all mandatory taxes and
fees. It does not include ancillary fees for optional services.
Stopover means a deliberate interruption of a journey by the Passenger, scheduled

to exceed four hours, at a point between the place of departure and the place of final
destination.
Zero fare ticket means a ticket acquired without a substantial monetary payment
such as by using frequent flyer points or vouchers, or a consolidator ticket obtained
after a monetary payment that does not show a fare amount on the ticket. A zero fare
ticket does not include free or reduced rate air transportation provided to airline
employees and guests.
(2) Request for Volunteers.
(i) In the event of an oversold flight, Carrier shall request volunteers for denied
boarding before using any other boarding priority in accordance with 14 CFR §
250.2b. A “volunteer” is a person, including the holder of a zero fare ticket, who
responds to Carrier's request for volunteers and who willingly accepts Carrier's
offer of compensation, in any amount, in exchange for relinquishing his/her
confirmed reserved space. Any other Passenger denied boarding is considered to
have been denied boarding involuntarily, even if that Passenger accepts denied
boarding compensation.
(ii) Carrier will advise each Passenger solicited to volunteer for denied boarding, no
later than the time the Carrier solicits that Passenger to volunteer, whether he or
she is in danger of being involuntarily denied boarding and, if so, the compensation
the Carrier is obligated to pay if the Passenger is involuntarily denied boarding. If
an insufficient number of volunteers come forward, Carrier may deny boarding to
other Passengers in accordance with Carrier's boarding priority rules as specified
in Section 6.
(3) Conditions for Payment of Compensation to Passengers Involuntarily Denied

Boarding due to an Oversale. Subject to the exception in Section 4, Carrier will tender
to a Passenger the amount of compensation specified in Section 5, provided that:
(i) The Passenger holds a Ticket, including a Zero Fare Ticket, for confirmed reserved
space and presents himself for Carriage at the appropriate time and place, having

complied fully with Carrier’s requirements as to ticketing, check-in, and

acceptability for transportation in accordance with this Contract of Carriage; and
(ii) Other than for reasons set forth in Section 6, or when resulting from substitution,
for operational or safety reasons, of an aircraft having a lesser seating capacity
than the aircraft originally scheduled, Carrier is unable to accommodate the
Passenger on the flight for which the Passenger holds confirmed reserved space,
and such flight departs without the Passenger.
(4) Comparable Transportation. The Passenger will not be eligible for compensation if
Carrier offers comparable air transportation, or other transportation used by the
Passenger at no extra cost, that, at the time such arrangements are made, is planned
to arrive at the airport of the Passenger's next stopover or, if none, at the airport of
the Passenger's final destination no later than one hour after the planned arrival time
of the Passenger’s original flight or flights.
(5) Involuntarily Denied Boarding Compensation for an Oversale in Accordance with 14

CFR Part 250(c).
(i) Compensation shall be 200% of the fare to the Passenger’s destination or first
stopover, with a maximum of $675, if the Carrier offers alternate transportation that,
at the time the arrangement is made, is planned to arrive at the airport of the
Passenger’s first stopover, or if none, the airport of the Passenger’s final
destination more than one hour but less than two hours after the planned arrival
time of the Passenger’s original flight on a domestic itinerary and more than one
hour but less than four hours after the planned arrival time of the Passenger’s
original flight on an international itinerary; and
(ii) Compensation shall be 400% of the fare to the Passenger’s destination or first
stopover, with a maximum of $1,350, if the Carrier does not offer alternate
transportation that, at the time the arrangement is made, is planned to arrive at the
airport of the Passenger’s first stopover, of if none, the airport of the Passenger’s
final destination less than two hours after the planned arrival time of the
Passenger’s original flight on a domestic itinerary and less than four hours after the
planned arrival time of the Passenger’s original flight on an international itinerary.
(iii) Compensation will be paid by Carrier on the day and at the place where the denied
boarding occurs, except that if Carrier arranges, for the Passenger’s convenience,
alternate means of transportation that departs before the payment can be made,
payment will be sent by mail or other means within 24 hours after the time the
denied boarding occurs.
(iv) Compensation will initially be provided in the form of a draft payable to the
Passenger. With the Passenger's consent, Carrier may also offer travel credit to
be applied toward future travel in lieu of the draft. The Passenger may refuse
Carrier’s offer of travel credit and insist on receiving compensation by draft in the
amount specified in Section 5.
(v) Acceptance of compensation by the Passenger relieves Carrier from any further
liability to the Passenger caused by Carrier’s failure to honor the confirmed
reservation.

(6) Denied Boarding Priority Rules. Carrier’s boarding priority is established on a first-
come, first served basis in the order boarding positions are secured. In determining
which Passengers holding confirmed reserved space shall be denied boarding
involuntarily, Carrier shall deny boarding in reverse order from the order in which the
Passengers’ boarding positions were secured (i.e., the last Passenger who receives
a boarding position will be the first Passenger denied boarding involuntarily in an
oversale situation), with no preference given to any particular person or category of
fares.
(7) Written Explanation of Denied Boarding Compensation and Boarding Priority Rules.
When a denied boarding occurs, Carrier will give Passengers who are denied
boarding involuntarily a written explanatory statement describing the terms and
conditions of denied boarding compensation and Carrier's boarding priority rules.
(8) In addition to the denied boarding compensation specified herein Carrier shall refund
all unused ancillary fees for optional services paid by a Passenger who is voluntarily
or involuntarily denied boarding. Carrier is not required to refund the ancillary fees for
services that are provided with respect to the Passenger’s alternate transportation.
c. Ground Transportation
(1) Unless provided at the direction of Carrier, Carrier does not assume responsibility for
the ground transportation of any Passenger or his/her Baggage between any airport
used by Carrier and any other location. Ground Transportation is at the Passenger’s
expense.

10. Miscellaneous
a. Claims
(1) No claim for personal injury or death of a Passenger will be entertained by Carrier
unless written notice of such claim is received by Carrier within 21 days after the
occurrence of the event giving rise to the claim.
(2) No legal action on any claim described above may be maintained against Carrier
unless commenced within one year of the Carrier’s written denial of a claim, in whole
or in part.
(3) See Section 8 for additional information for international travel.
b. Customer Service Commitment

(1) The Southwest Airlines Customer Service Commitment (CSC) is incorporated by
reference in this Contract of Carriage. Carrier’s CSC further explains, augments, and
expands upon Carrier’s policies, procedures, methods of operation, obligations, and
dedication to Customer safety, service, and satisfaction in accordance with 14 CFR §
259.5.
c. Choice of Law, Entire Agreement

(1) Any and all matters arising out of or relating to this Contract of Carriage and/or the
subject matter hereof shall be governed by, construed, and enforced in accordance
with the laws of the United States of America and, to the extent not preempted by
Federal law, the laws of the State of Texas without regard to conflict of law principles,
regardless of the legal theory upon which such matter is asserted. This Contract of
Carriage represents the entire, integrated agreement between the parties relating to
transportation by Carrier, and shall supersede all prior representations,
understandings or agreements pertaining thereto, either oral or written. No other
covenants, warranties, undertakings or understandings may be implied, in law or in
equity.

Exhibit B
Case 5:20-cv-01883-JMG Document 1-1 Filed 04/13/20 Page 1 of 2
JS 44 (Rev. 0) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

ADRIAN BOMBIN, on behalf of himself and all others similarly situated SOUTHWEST AIRLINES, CO.
(b) County of Residence of First Listed Plaintiff Lancaster County, PA County of Residence of First Listed Defendant Dallas County, TX
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
James C. Shah, Shepherd, Finkelman, Miller & Shah, LLP, 1845 Walnut
Street, Suite 806, Philadelphia, PA 19103 Ph,, 610-891-9880
See attached for additional counsel
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 485 Telephone Consumer
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) Protection Act
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 490 Cable/Sat TV
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 850 Securities/Commodities/
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) Exchange
u 362 Personal Injury - Product Liability u 751 Family and Medical u 890 Other Statutory Actions
Medical Malpractice Leave Act u 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS u 893 Environmental Matters
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 895 Freedom of Information
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) Act
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party u 896 Arbitration
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 u 899 Administrative Procedure
u 245 Tort Product Liability Accommodations u 530 General Act/Review or Appeal of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: u 462 Naturalization Application u 950 Constitutionality of
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration State Statutes
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. Section 1332
VI. CAUSE OF ACTION Brief description of cause:
Breach of Contract
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 5,000,000.00 JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/13/2020 /s/James C. Shah
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

ADDENDUM TO CIVIL COVER SHEET
Additional Attorneys:
Jeff Ostrow
Jonathan M. Streisfeld
Joshua R. Levine
KOPELOWITZ OSTROW
FERGUSON WEISELBERG GILBERT
1 West Las Olas Blvd. Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
[email protected]
Hassan A. Zavareei*
TYCKO & ZAVAREEI LLP
1828 L Street NW, Suite 1000
Washington, D.C. 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
Melissa S. Weiner*
Joseph C. Bourne*
800 LaSalle Avenue, Suite 2150
Minneapolis, Minnesota 55402
Telephone: (612) 389-0600
Facsimile: (612) 389-0610
[email protected]
Daniel L. Warshaw*
15165 Ventura Boulevard, Suite 400
Sherman Oaks, CA 91403
Telephone: (818) 788-8300
Facsimile: (818) 788-8104
*pro hac vice application forthcoming
Counsel for Plaintiff and the Proposed Class

4/13/2020 s/James C. Shah 80337

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Case 5:20-cv-01883-JMG Document 1 Filed 04/13/20 Page 1 of 64

IN THE UNITED STATES DISTRICT COURT FOR THE

ADRIAN BOMBIN, on behalf of himself and

Plaintiff, JURY TRIAL DEMANDED

SOUTHWEST AIRLINES CO.,

CLASS ACTION COMPLAINT

Southwest Airlines Co (“Southwest” or “Defendant”), and alleges the following:

originating passengers boarded.1

website or by calling a Southwest booking line to make a reservation.

Declining Demand in Light of Novel Coronavirus Severely Impacts Southwest’s Operations

5. On December 31, 2019, governmental entities in Wuhan, China confirmed that

were confirming the first known domestic cases of COVID-19.

World Health Organization officially declared COVID-19 as a “public health emergency of

7. On March 11, 2020, the World Health Organization declared COVID-19 a

United States where possible.

planes with too many empty seats to be profitable.

typically modify the schedule—including by canceling previously scheduled flights

the demand.4 Southwest also canceled all international flights.5

15. On March 24, 2020, Southwest announced that, as it “continue[d] to react to

of its typical daily service, due to declining demand.

Southwest Offers Credit Rather than Refunds

from date of purchase).”7

17. However, as will be explained below, Southwest’s Contract of Carriage mandates

refunds, not credits, in this situation.

The U.S. Department of Transportation’s Office of Aviation Enforcement and

The Department is receiving an increasing number of complaints and inquiries from

PARTIES, JURISDICTION, AND VENUE

20. Adrian Bombin is a Pennsylvania citizen who resides in Lancaster, Pennsylvania.

(the “Southwest App”).

Southwest offered Plaintiff a credit voucher subject to expiration.

Carriage, attached as Exhibit A. Southwest drafted the Contract of Carriage.

to Service Interruptions, the Contract of Carriage states:

a. Failure to Operate as Scheduled

(1) Canceled Flights or Irregular Operations. In the event

Carrier cancels or fails to operate any flight according to Carrier’s published

of a Passenger with a confirmed Ticket on such flight, take one of the

(i) Transport the Passenger at no additional charge on

Carrier’s next flight(s) on which space is available to the

Passenger’s intended destination, in accordance with Carrier’s

established reaccommodation practices; or

(ii) Refund the unused portion of the Passenger’s fare

in accordance with Section 4c.

Ex. A at § 9 (emphasis added).

Southwest ticket.” Exhibit B, Southwest Customer Service Commitment, ¶ 12.

Ex. A at §§ 4(c)(4) and 9(a)(1); Ex. B at ¶¶ 5, 12.

CLASS ACTION ALLEGATIONS

seeks certification of the following nationwide class (the “Class”):

controlling interest, and Defendant’s officers, directors, legal representatives, successors,

specificity or division after having had an opportunity to conduct discovery.

40. Risk of Inconsistent or Varying Adjudications. Fed. R. Civ. P. 23(b)(1). As the

choose the court order with which it will comply.

electronic mail, U.S. Mail, internet notice, and/or published notice.

42. Predominance of Common Issues. Fed. R. Civ. P. 23(a)(2) and (b)(3).

members. The common questions include:

a. Whether Defendant’s conduct breaches its Contract of Carriage;

b. Whether Defendant is required to give a refund, rather than credit on a

reasonable time of the original flight schedule;

or attorneys’ fees from Defendant; and

d. Whether Plaintiff and members of the Class are entitled to compensatory