When hundreds of thousands of passengers experience Flight delays and cancellations this weekTPG keeps getting the same question: “What are the rights of air passengers?”
It’s not a simple question to answer, but basically right now, airline passengers in the US don’t have much of a real right in what’s colloquially called an “act of God.” Airlines often blame the weather when most things don’t go as planned — and honestly, the weather is often involved, at least one event causing it. That was definitely the case this time, when summer thunderstorms hit the country and interrupted the trip from Chicago to Newark.
Bad weather can have a cascade effect across the country on airline operations. So you may sometimes experience cancellations or delays related to “weather” even though it’s completely sunny outside your window.
New airline passenger rights rules are currently being reviewed by the US Department of Transportation, but even those that the department is actively reviewing won’t apply to extreme weather situations harsh.
This is where there is a travel credit card providing trip protection and covering weather-related situations can be helpful. Cards can offset unexpected expenses you incur (like a night in a hotel, ground transportation, and unexpected meals) to help bridge the gap.
While the current list of airline passenger rights is limited, a number of rules are in place to help address travel disruptions. Here’s what you’re getting right now when things go flat with your air travel plans as well as what might happen on the road (or sky) in the future.
Related: These are the best credit cards for built-in trip protection
You are entitled to a refund
According to DOT policyevery airline passenger is entitled to a cash refund when their flight is canceled, significantly delayed or when the schedule is significantly changed… if In the end they chose not to fly.
That applies to weather disruptions or matters that fall under the airline’s technical responsibility, such as maintenance.
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Now, a few notes about that return:
- You will be refunded only for the unused portion of your trip: If you fly from New York to Washington, DC, your return trip is canceled and you decide to take the train home, you will only be refunded for the portion of your trip. back of your trip.
- If you accept the airline’s offer to rebook, you will not be eligible for a refund.
- DOT does not actually determine what constitutes a significant delay or change in schedule, deciding whether or not a customer will receive a refund on a case-by-case basis. The Biden administration is aim to provide some clarity on thisin spite of.
Compensation when the airline delays the flight
Currently, the federal government does not technically require airlines to compensate passengers for flight delays that are the responsibility of the airline. However, the Biden administration hopes to change this. Plus in a moment.
However, as shown on DOT’s airline customer service dashboard, most major US airlines offer meals, cash for meals or vouchers when delays cause you to wait three hours or longer.
Additionally, most major carriers guarantee hotel accommodation when delays result in an unplanned overnight stay, plus the necessary ground transportation to and from the hotel . The only airline that doesn’t guarantee this, according to the panel? Border Airlines.
Remember that these are so-called “controllable” delays – those that are technically the fault of the airline, such as aircraft maintenance or staffing issues.
Notably, these guarantees do not apply to flights affected by bad weather or air traffic control issues.
Compensation for flight cancellation
Like delays, airlines are required to compensate passengers for canceled flights. However, most major US carriers offer some sort of guarantee for cancellations that are considered their responsibility. (Again, this does not apply to weather interruptions.)
All 10 carriers rated by DOT secure meals, cash for meals or vouchers when cancellations result in a three-hour or longer wait for a new flight.
Every airline — except Frontier — guarantees free hotel accommodation for these covered cancellations resulting in an unplanned overnight stay, plus ground transportation to and from away from the hotel.
Related: Tips for using social media to contact airlines
24 hour refund rule
Let’s say you book a plane ticket, then find a better deal. Either, you realize the itinerary you just booked won’t be right for you, or you’ve chosen something you didn’t intend.
There is good news: Every DOT policy, In the United States, airlines must do one of two things: Refund customers who cancel within 24 hours, or allow customers to keep tickets for 24 hours without purchasing.
This applies even to basic economy class tickets and those that are technically “non-refundable”.
Some airlines give changes and cancel beyond 24 hours, depending on the type of fare, but all must provide some kind of 24-hour window.
Those rules went into effect in 2012 when the DOT ordered airlines to allow passengers to cancel a reservation or make a non-refundable reservation within 24 hours of purchase as long as the reservation was made at least seven days. before the flight.
Right to delay on the runway
Airlines shouldn’t leave you on a plane on the tarmac because of the hourly delay. Airlines did a much better job of letting passengers off the plane if they weren’t allowed to take off within a reasonable amount of time because the DOT addressed lengthy runway delays by issuing regulations rules in 2010.
Airlines are now required to provide food and water after passengers have been on the plane for two hours or more on the ground. Airlines must allow passengers to disembark 3 hours in advance for domestic flights and 4 hours in advance for international flights. If the airline fails to follow these rules, it will be heavily fined by the DOT.
The interesting way, some have argued that these rules were actually making the delay worse. Either way, passengers have the right to avoid sitting indefinitely on the runway, unable to get off the plane.
New airline passenger rights under review
While the majority of US airlines guarantee things like meal vouchers and a free hotel night when they’re responsible for major delays or cancellations, the Biden administration wants to go even further.
In May, the The Department of Transport announced the plan to propose regulations that would require airlines to compensate passengers for these so-called “controllable” delays and cancellations. (Again, this will not apply to bad weather and other factors beyond the airline’s control.)
As part of the proposed rule-making process, DOT also hopes to provide more clarity on the types of delays or cancellations that could make passengers eligible for compensation.
If finally passed, the rule is likely to offer consumer protection a bit more in line with people in the European Union under the so-called EU261.
A DOT spokesperson told TPG, “DOT has taken unprecedented action to protect and expand travelers’ rights when airlines cancel flights and delay flights. in front of the secretary [Pete] Buttigieg has been sworn in, none of the largest US airlines guarantee meals, hotels or transportation when they are the cause of cancellations – 10 airlines now guarantee meals and transportation and 9 hotels provide. In addition, the Regulatory Authority has helped return over a billion dollars in refunds to travelers, has fined airlines at an all-time high, and is continuing to fight to expand passengers’ rights. guest.
Major airline trade groups have criticized the proposals, pointing to the airlines’ existing guarantees for meals, hotels and ground transportation; they warn that the regulations could increase costs for all passengers.
The DOT has proposed separately requiring airlines to proactively notify passengers if they are entitled to a refund, and reimburse for paid services (such as Wi-Fi) that the customer did not actually receive.
Will there be a new bill of passenger rights?
Some political leaders want to go beyond the current air passenger rules proposed by the DOT.
Democratic Senators Richard Blumenthal of Connecticut and Ed Markey of Massachusetts wrote a law that would protect airline passengers’ rights — much like the Bill of Rights protects Americans’ rights.
“I consider this new incident as further proof of the need to provide not only refunds but also additional compensation like $1,350 if flights are delayed more than four hours, which is a part of my rights bill $1,350 plus return and replacement shipping costs because the only messages the airlines seem to understand are dollars and cents,” Blumenthal shared. with TPG.
“And if they have to pay a penalty in addition to the refund amount and in addition to paying for the alternative transportation, that will get their attention. And also give the passenger the right to sue, the right to legal recourse. Management is very important because the Department of Transport is not always as powerful as it should be.”
Under the proposed law, airlines would be required to refund tickets for flights delayed by at least an hour and provide alternative transportation. They will also be asked to pay for food and hotels. Ultimately, the bill would ban airlines from using weather as an excuse for delays and cancellations when it’s really their fault.
One challenge for passengers is that, even with that proposed law, there is a “departure” to weather or other acts of God. It is unclear whether the current situation or crisis Southwest Airlines suffered over Christmas would be considered weather related or not for the purposes of that statement of right.
But these newly proposed airline passenger rights bills are far from passed. Airlines for America have called the law “short-sighted” and promised to campaign against it.
Related: This EU261 claim netted a passenger $1,900 for a delayed flight
bottom line
We wish we had better news to share with you, but the current list of airline passenger rights is limited.
Regarding flight delays and cancellations due to weather, airlines have plenty of room to compensate passengers. That said, like in time The Southwest’s Christmas Week Crisiswe hope the airlines will do the right thing and make the consumer bear the full cost like the last meal, accommodation and alternative flights.
That said, you will need to be your own best advocate these days. Record all expenses and report your case directly to the airline for compensation. If you don’t get relief, you can always contact your representatives in Congress and even file a complaint with the DOT.
The worst they can tell you is no. Even then, if you use correct credit card to book your ticketyou’ll still have a way to recoup some of your additional costs.
Additional reporting by Sean Cudahy.
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