B-151525, JUN. 18, 1963
Highlights
WE HAVE BEEN ADVISED BY DR. HOURRIGAN THAT THE PAYMENT IN QUESTION WAS MADE TO HIM BY UNITED AIRLINES BECAUSE OF FAILURE TO PROVIDE HIM ACCOMMODATIONS ON A FLIGHT FROM SEATTLE. MARYLAND (FRIENDSHIP AIRPORT) FOR WHICH HE HAD A CONFIRMED RESERVATION AND NOT BECAUSE THE FLIGHT ON WHICH HE WAS TRAVELING WAS DELAYED BY WEATHER CONDITIONS. AT THE TIME IN QUESTION THE AIRLINE'S TARIFF PROVIDED FOR PAYMENT OF CERTAIN AMOUNTS OF MONEY TO TRAVELERS WHO WERE NOT ACCOMMODATED ON FLIGHTS FOR WHICH THEY HAD CONFIRMED RESERVATIONS. THE MAXIMUM PAYMENT TO A TRAVELER UNDER THAT PROVISION WAS $40 AND SUCH PAYMENT WAS APPLICABLE WHEN THE COST OF THE TRAVEL INVOLVED WAS IN EXCESS OF $80. HOURRIGAN WAS UNDER THE ABOVE TARIFF PROVISION.
B-151525, JUN. 18, 1963
MR. V. H. EASTMAN, AUTHORIZED CERTIFYING OFFICER, BUDGET AND FINANCE DIVISION, AGRICULTURAL RESEARCH SERVICE:
ON MAY 13, 1963, YOU REQUESTED OUR DECISION WHETHER YOU MAY RETURN TODR. J. L. HOURRIGAN, AN EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE, AGRICULTURAL RESEARCH SERVICE, THE $40 WHICH HE RECEIVED FROM UNITED AIRLINES ON SEPTEMBER 1, 1962, AND SUBSEQUENTLY PAID OVER TO THE GOVERNMENT FOR DEPOSIT IN YOUR EXPENSE ACCOUNT.
WE HAVE BEEN ADVISED BY DR. HOURRIGAN THAT THE PAYMENT IN QUESTION WAS MADE TO HIM BY UNITED AIRLINES BECAUSE OF FAILURE TO PROVIDE HIM ACCOMMODATIONS ON A FLIGHT FROM SEATTLE, WASHINGTON, TO CHICAGO, ILLINOIS, AND BALTIMORE, MARYLAND (FRIENDSHIP AIRPORT) FOR WHICH HE HAD A CONFIRMED RESERVATION AND NOT BECAUSE THE FLIGHT ON WHICH HE WAS TRAVELING WAS DELAYED BY WEATHER CONDITIONS. AT THE TIME IN QUESTION THE AIRLINE'S TARIFF PROVIDED FOR PAYMENT OF CERTAIN AMOUNTS OF MONEY TO TRAVELERS WHO WERE NOT ACCOMMODATED ON FLIGHTS FOR WHICH THEY HAD CONFIRMED RESERVATIONS. THE MAXIMUM PAYMENT TO A TRAVELER UNDER THAT PROVISION WAS $40 AND SUCH PAYMENT WAS APPLICABLE WHEN THE COST OF THE TRAVEL INVOLVED WAS IN EXCESS OF $80.
IT APPEARS THAT THE PAYMENT MADE TO DR. HOURRIGAN WAS UNDER THE ABOVE TARIFF PROVISION. IN OUR DECISION B-148879, JUNE 15, 1962, 41 COMP. GEN. - , WE HELD THAT PAYMENTS MADE UNDER THAT TARIFF PROVISION WERE LIQUIDATED DAMAGES AND IF PAID TO AN EMPLOYEE TRAVELING ON GOVERNMENT BUSINESS WERE TO BE TURNED OVER TO THE GOVERNMENT. THE GOVERNMENT IS OF COURSE, LIABLE TO THE TRAVELER WITHIN THE APPROPRIATE TRAVEL REGULATIONS FOR ANY ADDITIONAL ALLOWANCE, SUCH AS PER DIEM, WHICH RESULTS FROM THE FAILURE OF THE AIRLINE TO PROVIDE ACCOMMODATIONS.
THEREFORE, THE $40 PAID DR. HOURRIGAN BY UNITED AIRLINES MAY NOT BE RETURNED TO HIM BUT SHOULD BE DEPOSITED TO MISCELLANEOUS RECEIPTS AS REQUIRED BY THE DECISION OF JUNE 15, 1962.
DR. HOURRIGAN'S VOUCHER FOR REIMBURSEMENT OF $11.61 WHICH ACCOMPANIED YOUR REQUEST IS RETURNED.