Common use of BUMPING PASSENGERS ON NON-STOP SERVICE Clause in Contracts

BUMPING PASSENGERS ON NON-STOP SERVICE. a. The Contractor shall provide non-stop service as specified on Section B line items. In the event the ACL must be reduced to provide non-stop service, the Contractor shall move space required bumped passengers on the next available scheduled service flight. The bumped passengers become the sole responsibility of the carrier until moved, to include but not be limited to, meals, lodging and transportation to and from lodging. In addition, if deemed appropriate by the ACO, the contracted price will be discounted by the percentage of bumped passengers. The discount will be computed by dividing the bumped passenger count by the contracted ACL. That percentage will be applied to the price for the portion of the flight not flown with the contracted ACL. b. For example: A MD-11 is contracted for 360 passengers to fly Seattle-Osan-Kunsan-Osan-Seattle. The contract price for the Seattle-Osan leg (5614 miles) is $145,959.51. The carrier cannot fly non-stop from Seattle to Osan without bumping 18 SOLICITATION NO.: F11626-03-R-0002 CONTRACT NO.: F11626-03-D-0024 passengers to reduce the weight. 18 divided by 360 = 5%. $145,959.51 X 5% = $7,297.98. The total trip price of $296,078.40 will be reduced by $7,297.98 for a paid total of $288,780.42. c. The Government may invoke remedies which are set forth in this paragraph which will neither constitute a termination within the meaning of "FAR 52.249-2, Termination for Convenience of the Government (Fixed-Price)," nor in any way, diminish the Government's rights under the Clause entitled "Default." The rights and remedies of the Government provided for in this paragraph are not exclusive and do not give rise to Government liability for costs incurred and are in addition to any other Government rights and remedies provided for by law or by this contract.

BUMPING PASSENGERS ON NON-STOP SERVICE. a. The Contractor shall provide non-stop service as specified on Section B line items. In the event the ACL must be reduced to provide non-stop service, the Contractor shall move space required bumped passengers on the next available scheduled service flight. The bumped passengers become the sole responsibility of the carrier until moved, to include but not be limited to, meals, lodging and transportation to and from lodging. In addition, if deemed appropriate by the ACO, the contracted price will be discounted by the percentage of bumped passengers. The discount will be computed by dividing the bumped passenger count by the contracted ACL. That percentage will be applied to the price for the portion of the flight not flown with the contracted ACL. b. For example: A MD-11 is contracted for 360 passengers to fly Seattle-Osan-Kunsan-Osan-Seattle. The contract price for the Seattle-Osan leg (5614 miles) is $145,959.51. The carrier cannot fly non-stop from Seattle to Osan without bumping 18 SOLICITATION NO.: F11626-03-R-0002 CONTRACT NO.: F11626-03-D-0024 passengers to reduce the weight. 18 divided by 360 = 5%. $145,959.51 X x 5% = $7,297.98. The total trip price of $296,078.40 291,919.02 will be reduced by $7,297.98 for a paid total of $288,780.42284,621.04. c. The Government may invoke remedies which are set forth in this paragraph which will neither constitute a termination within the meaning of "“FAR 52.249-2, Termination for Convenience of the Government (Fixed-Price)," ” nor in any way, diminish the Government's ’s rights under the Clause entitled "“Default." ” The rights and remedies of the Government provided for in this paragraph are not exclusive and do not give rise to Government liability for costs incurred and are in addition to any other Government rights and remedies provided for by law or by this contract.

BUMPING PASSENGERS ON NON-STOP SERVICE. a. The Contractor shall provide non-stop service as specified on Section B line items. In the event the ACL must be reduced to provide non-stop service, the Contractor shall move space required bumped passengers on the next available scheduled service flight. The bumped passengers become the sole responsibility of the carrier until moved, to include but not be limited to, meals, lodging and transportation to and from lodging. In addition, if deemed appropriate by the ACO, the contracted price will be discounted by the percentage of bumped passengers. The discount will be computed by dividing the bumped passenger count by the contracted ACL. That percentage will be applied to the price for the portion of the flight not flown with the contracted ACL. b. For example: A MD-11 is contracted for 360 passengers to fly Seattle-Osan-Kunsan-Osan-Seattle. The contract price for the Seattle-Osan leg (5614 miles) is $145,959.51. The carrier cannot fly non-stop from Seattle to Osan without bumping 18 SOLICITATION NO.: F11626-03-R-0002 CONTRACT NO.: F11626-03-D-0024 passengers to reduce the weight. 18 divided by 360 = 5%. $145,959.51 X x 5% = $7,297.98. The total trip price of $296,078.40 will be reduced by $7,297.98 for a paid total of $288,780.42. c. The Government may invoke remedies which are set forth in this paragraph which will neither constitute a termination within the meaning of "FAR 52.249-2, Termination for Convenience of the Government (Fixed-Price)," nor in any way, diminish the Government's rights under the Clause entitled "Default." The rights and remedies of the Government provided for in this paragraph are not exclusive and do not give rise to Government liability for costs incurred and are in addition to any other Government rights and remedies provided for by law or by this contract.. SOLICITATION NO: FA4428-04-R-0005 CONTRACT NO: FA4428-04-D-0013