Airline Passenger Rights
The airlines are facing difficult times to say the least. The cost of fuel is placing a tremendous burden on their financial well-being. They are coping by raising fees and cutting domestic capacity - this increase is something that should have been done many years ago. Adjusted for inflation, it is cheaper to fly now than any time in the past. The flying public must pay for the tremendous services they receive and not expect supplemented travel benefits. With that in mind, the airlines in return need to provide a quality product that meets public demand and expectations.
No matter how hard the airlines try, things will go wrong. When they do, the flying public is effected. Delays and cancellations will occur and the best laid plans go astray. What are your rights and remedies when the unexpected happens? Knowing your passenger rights can help in dealing with these problems.
Buying an airline ticket has never been easier. You can make all of your travel plans over the internet or by telephone. The type of ticket that you buy will determine your rights and remedies. If it was for international travel, the Warsaw and Montreal Conventions will apply. If it was a domestic ticket, then your rights will depend upon common law as modified by US Department of Transportation (DOT) regulations.
When you buy your ticket, you have entered into a contract with the airline on which you travel. Some of the contract terms are printed on the ticket (if you receive one), but many are not. The DOT states that you must be furnished with the contract terms, which are referred to as either a "Contract of Carriage", "Conditions of Carriage" or "Tariffs Rules". These conditions, and thus your rights, vary by airline. You can get the rules from ticket agents or an airline’s customer service department. You can also download them from the airline's website (e.g., Air France, Delta, Southwest).
An airline ticket is much like a negotiable instrument. Once you purchase a ticket for travel, you have a confirmed reservation for a specific flight and date. You cannot be denied boarding even if the airline does not show a reservation in its computer system. But if the ticket is lost or stolen, it may be difficult to replace and boarding that flight may be denied. However, many airlines are now going paperless and this may be a problem of the past. With or without a ticket, your failure to show up or cancel a reservation can have dire consequences for you.
Rules for canceling your plans and getting a refund also vary from airline to airline. Generally, if you purchased your refundable ticket with cash, you will get an immediate refund. Payment for tickets by credit card offer certain protections under federal law. If a refund is due, the airline must forward a credit to your card within seven days of receiving a complete refund application. If you need to cancel a ticket purchased by credit card, your refund may be issued as a credit on the same card you used to make the purchase; changes to nonrefundable tickets may be made by applying the cost of the first ticket toward the new purchase minus applicable charges and cancellation fees.
Many problems with boarding are caused by people not being at the gate in time for departure. Even if you have checked in, your reservation can be cancelled and your seat given to another passenger if you are not at the departure gate on time. Allow plenty of time to park, check in and go through security. You can consult your airline, airport or look at the Transportation Security Administration's security checkpoint wait time information to assist in calculating your arrival time.
Airlines are not guarantors of their schedules; weather, mechanical failures, air traffic delays and other non-controllable problems often make it impossible for the airlines to perform as scheduled. Believe it or not, airlines are not required to compensate passengers for these delays or cancellations. Airlines almost always refuse to pay for financial losses resulting for these problems. If you have to be somewhere in a timely manner, you should know that delays and cancellations are not unusual and plan accordingly . However, with that said, if your flight is canceled, most airlines will book you on the next available flight and, depending on your ticket, they might offer accommodations if needed. The only federal requirements for passenger compensation applies if you are "bumped" from a flight that is oversold.
Overbooking (selling more seats on an aircraft that can actually be accommodated) is legal. The theory behind it is that some passengers simply do not show up for whatever reason. Overbooking seats allows airlines to attempt to have a full plane on most flights as a result of excess seat sales. If everyone shows up for the flight, there could be a problem. If this happens, by law, the airlines can bump passengers in one of two ways: voluntarily or involuntarily. Both ways require compensation.
DOT rules first require that airline's seek out passengers that might be willing to give up their seats for compensation. That is, they ask for volunteers to go on later flights. This action is negotiable and no set compensation has been established by the DOT. If offered a free ticket on the next flight, make sure you ask about restrictions, for what period of time the travel can be used, and are there any additional values such as meals, phone calls and hotel rooms.
If you are refused a reserved seat on your flight (involuntarily bumped), the DOT requires the airline to give you a written explanation of your rights and the order of enplaning. If you choose not to fly in this case, you can request an involuntary refund for the ticket and be compensated for denied boarding. However, if the airline can schedule transportation that gets you to our destination within one hour of your originally scheduled arrival time, the carrier does not have to compensate you. If you can be schedule to get to your destination between one and two hours of the original time, the carrier must pay you the amount of a one way ticket with a $400 maximum. The amount doubles if the airline gets you to your destination more than two hours late. Of course, there are conditions and exceptions and international flights are covered by tariff rules.
Moving checked bags from the terminal to your final destination is a complicated and labor intensive process. I often wonder how bags arrive at all. The number of bags and gear that are transported at little cost compared to airfreight is mind boggling. Hundred of thousands of pieces of luggage accompany passengers to their destination everyday. Very few get lost or damaged. But if your bag is delayed, lost or harmed, it can be devastating. If your luggage is not on the arrival carousel, you must file a claim with the airline and you should keep a copy of it and the names of the people with whom you spoke. If your bag is merely delayed and can be delivered later, you can usually negotiate compensation to cover reasonable expenses until it is returned. If your bag is damaged, the airlines will usually pay for repairs or reasonable cost to replace it. For bags lost or damaged on domestic flights, a ceiling of of $3,000 per passenger applies. On international trips, the liability limit is governed by various international treaties, including the Montreal and Warsaw Conventions.
The Air Carrier Access Act and the DOT establish regulations for passengers with disabilities. Among the regulations, a disabled passenger may not be refused boarding on the basis of disability or be required to have an attendant or medical documentation except in certain circumstances. Additionally, the airlines must provide enplaning, deplaning and connecting assistance. Passengers who are visually impaired must have timely access to the same information given to other passengers. Furthermore, the carrier must accept wheelchairs as checked baggage and cannot require the disabled traveler to sign liability waivers for them.If a dispute arises with any of these conditions, the airline must make available a Complaints Resolution Official and there must be a copy of the DOT disability rules at every airport.
If any of the above problems cannot be resolved while you are at the airport, the airlines all have consumer affairs offices to which you can complain. Additionally, the DOT, FAA and TSA have a places to file complaints. Before filing the complaint with the airline or government, make sure you have accurate documentation of what happened. Keep all details concerning flights, times, names and other passengers that will assist in resolving the problem. Attempt to calmly settle the problem at the lowest level. If the problem cannot be resolved there, then ask for a supervisor. Stay polite and reasonable, do not exaggerate, and state your case in a business-like manner. If the issue continues, send a certified, return receipt letter to the airline's consumer affairs office requesting settlement and, at the same time, a copy of the letter to the DOT. If all fails, contact an attorney to seek possible legal remedies.
No matter how hard the airlines try, things will go wrong. When they do, the flying public is effected. Delays and cancellations will occur and the best laid plans go astray. What are your rights and remedies when the unexpected happens? Knowing your passenger rights can help in dealing with these problems.
Buying an airline ticket has never been easier. You can make all of your travel plans over the internet or by telephone. The type of ticket that you buy will determine your rights and remedies. If it was for international travel, the Warsaw and Montreal Conventions will apply. If it was a domestic ticket, then your rights will depend upon common law as modified by US Department of Transportation (DOT) regulations.
When you buy your ticket, you have entered into a contract with the airline on which you travel. Some of the contract terms are printed on the ticket (if you receive one), but many are not. The DOT states that you must be furnished with the contract terms, which are referred to as either a "Contract of Carriage", "Conditions of Carriage" or "Tariffs Rules". These conditions, and thus your rights, vary by airline. You can get the rules from ticket agents or an airline’s customer service department. You can also download them from the airline's website (e.g., Air France, Delta, Southwest).
An airline ticket is much like a negotiable instrument. Once you purchase a ticket for travel, you have a confirmed reservation for a specific flight and date. You cannot be denied boarding even if the airline does not show a reservation in its computer system. But if the ticket is lost or stolen, it may be difficult to replace and boarding that flight may be denied. However, many airlines are now going paperless and this may be a problem of the past. With or without a ticket, your failure to show up or cancel a reservation can have dire consequences for you.
Rules for canceling your plans and getting a refund also vary from airline to airline. Generally, if you purchased your refundable ticket with cash, you will get an immediate refund. Payment for tickets by credit card offer certain protections under federal law. If a refund is due, the airline must forward a credit to your card within seven days of receiving a complete refund application. If you need to cancel a ticket purchased by credit card, your refund may be issued as a credit on the same card you used to make the purchase; changes to nonrefundable tickets may be made by applying the cost of the first ticket toward the new purchase minus applicable charges and cancellation fees.
Many problems with boarding are caused by people not being at the gate in time for departure. Even if you have checked in, your reservation can be cancelled and your seat given to another passenger if you are not at the departure gate on time. Allow plenty of time to park, check in and go through security. You can consult your airline, airport or look at the Transportation Security Administration's security checkpoint wait time information to assist in calculating your arrival time.
Airlines are not guarantors of their schedules; weather, mechanical failures, air traffic delays and other non-controllable problems often make it impossible for the airlines to perform as scheduled. Believe it or not, airlines are not required to compensate passengers for these delays or cancellations. Airlines almost always refuse to pay for financial losses resulting for these problems. If you have to be somewhere in a timely manner, you should know that delays and cancellations are not unusual and plan accordingly . However, with that said, if your flight is canceled, most airlines will book you on the next available flight and, depending on your ticket, they might offer accommodations if needed. The only federal requirements for passenger compensation applies if you are "bumped" from a flight that is oversold.
Overbooking (selling more seats on an aircraft that can actually be accommodated) is legal. The theory behind it is that some passengers simply do not show up for whatever reason. Overbooking seats allows airlines to attempt to have a full plane on most flights as a result of excess seat sales. If everyone shows up for the flight, there could be a problem. If this happens, by law, the airlines can bump passengers in one of two ways: voluntarily or involuntarily. Both ways require compensation.
DOT rules first require that airline's seek out passengers that might be willing to give up their seats for compensation. That is, they ask for volunteers to go on later flights. This action is negotiable and no set compensation has been established by the DOT. If offered a free ticket on the next flight, make sure you ask about restrictions, for what period of time the travel can be used, and are there any additional values such as meals, phone calls and hotel rooms.
If you are refused a reserved seat on your flight (involuntarily bumped), the DOT requires the airline to give you a written explanation of your rights and the order of enplaning. If you choose not to fly in this case, you can request an involuntary refund for the ticket and be compensated for denied boarding. However, if the airline can schedule transportation that gets you to our destination within one hour of your originally scheduled arrival time, the carrier does not have to compensate you. If you can be schedule to get to your destination between one and two hours of the original time, the carrier must pay you the amount of a one way ticket with a $400 maximum. The amount doubles if the airline gets you to your destination more than two hours late. Of course, there are conditions and exceptions and international flights are covered by tariff rules.
Moving checked bags from the terminal to your final destination is a complicated and labor intensive process. I often wonder how bags arrive at all. The number of bags and gear that are transported at little cost compared to airfreight is mind boggling. Hundred of thousands of pieces of luggage accompany passengers to their destination everyday. Very few get lost or damaged. But if your bag is delayed, lost or harmed, it can be devastating. If your luggage is not on the arrival carousel, you must file a claim with the airline and you should keep a copy of it and the names of the people with whom you spoke. If your bag is merely delayed and can be delivered later, you can usually negotiate compensation to cover reasonable expenses until it is returned. If your bag is damaged, the airlines will usually pay for repairs or reasonable cost to replace it. For bags lost or damaged on domestic flights, a ceiling of of $3,000 per passenger applies. On international trips, the liability limit is governed by various international treaties, including the Montreal and Warsaw Conventions.
The Air Carrier Access Act and the DOT establish regulations for passengers with disabilities. Among the regulations, a disabled passenger may not be refused boarding on the basis of disability or be required to have an attendant or medical documentation except in certain circumstances. Additionally, the airlines must provide enplaning, deplaning and connecting assistance. Passengers who are visually impaired must have timely access to the same information given to other passengers. Furthermore, the carrier must accept wheelchairs as checked baggage and cannot require the disabled traveler to sign liability waivers for them.If a dispute arises with any of these conditions, the airline must make available a Complaints Resolution Official and there must be a copy of the DOT disability rules at every airport.
If any of the above problems cannot be resolved while you are at the airport, the airlines all have consumer affairs offices to which you can complain. Additionally, the DOT, FAA and TSA have a places to file complaints. Before filing the complaint with the airline or government, make sure you have accurate documentation of what happened. Keep all details concerning flights, times, names and other passengers that will assist in resolving the problem. Attempt to calmly settle the problem at the lowest level. If the problem cannot be resolved there, then ask for a supervisor. Stay polite and reasonable, do not exaggerate, and state your case in a business-like manner. If the issue continues, send a certified, return receipt letter to the airline's consumer affairs office requesting settlement and, at the same time, a copy of the letter to the DOT. If all fails, contact an attorney to seek possible legal remedies.
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