Janelle Irwin Taylor
Thanksgiving week is one of the busiest travel times during the year, and that influx can cause some issues for people choosing to fly to their destinations.
The U.S. Department of Transportation is making sure travelers know what to expect this holiday season as well as what their rights are:
Flight delays and cancellations
Federal rules do not guarantee passengers compensation for flight delays or cancellations. That includes vouchers for things like cab rides, hotel stays or meals. Some airlines do offer those amenities to passengers if unpredictable circumstances force delays or flight cancellations.
Airlines are required to notify passengers either on their website or through a telephone automation system of flight status changes that occur within one week of scheduled travel and they must do so within 30-minutes of finding out.
For passengers whose flights have been delayed or cancelled, airlines can often transfer a passenger’s ticket to another flight. But the DOT warns passengers that doing so can sometimes incur additional costs or fee increases. Passengers can also inquire about having their tickets transferred to another airline, but federal law does not require airlines to do that or to reimburse passengers if they chose to purchase another ticket.
Airlines must reimburse travelers for cancelled flights and any additional fees incurred through things like checking baggage.
Many airlines intentionally oversell flights to compensate for no-show passengers. When this happens, passengers may voluntarily give up their seats for compensation from the airline, but if not enough volunteers come forward, airlines are legally allowed to “bump” passengers. In that case, passengers do have rights.
If a passenger is denied boarding due to over-sales and they have checked into a confirmed flight on-time and arrived at the departing gate on-time, they are entitled to compensation based on the cost of the ticket and length of time they are delayed from their original flight schedule.
In many cases, volunteering to take a later flight could be a benefit for passengers. Airlines often offer vouchers for additional flights or discounted fares. In cases where airlines provide vouchers, passengers should ask a series of questions to ensure they are indeed receiving a benefit.
Passengers should ask when they next available flight with a guaranteed seat departs. If an airline merely offers to place a passenger on standby for future flight, that passenger could wind up waiting for a long time before being able to catch a flight to their destination.
Passengers should also ask whether the airline will provide vouchers for food, hotel stays or other costs incurred by being delayed. If those costs are not covered, that passenger may end up spending whatever benefit they were offered by voluntarily giving up their seat.
Getting stuck on an airplane delayed after it has already departed the gate can be a frustrating situation, and passengers aren’t afforded a whole lot of options in this case.
Airlines are only required to move the aircraft to a place where passengers can safely exit the aircraft if the delay is more than two hours. When that happens, passengers who choose to exit the aircraft are not guaranteed re-entrance onto the plane. The plane can depart without ticketed passengers and the airline does not have to unload those passengers’ luggage.
Airlines can only keep passengers on a plane during a tarmac delay for up to three hours for domestic flights and four hours for international flights.
For delays of two hours or more, airlines must provide a snack and water while passengers wait.
Lost, delayed or damaged baggage
Airlines are responsible for repairing or replacing damaged baggage or contents if the damage occurred while the luggage was in its possession. If the baggage or contents cannot be repaired, airlines are required to negotiate fair compensation to the passenger.
Airlines can exempt certain items from compensation including fragile items, items improperly packed or perishable items. These exemptions are listed in the airline’s baggage terms and conditions.
If a passenger’s baggage is delayed, the airline is responsible for getting the luggage to its owner and for compensating that passenger for reasonable costs incurred by the delay. Airlines are not allowed to impose daily limits on those costs.
Airlines typically consider baggage lost within 5-14 days of the flight, but that timeline varies by airline and circumstances. If an airline determines baggage has been lost, it is responsible to reimburse passengers for the baggage and its contents up to maximum liability limits.
Those limits are $3,500 for domestic flights. Because of international treaties, the limit for international flights is about $1,600.
Assistive devices like wheelchairs, breathing apparatuses or crutches are not subject to those maximums.
If passengers have issues related to their flight or airline, the DOT recommends passengers first attempt to remedy the problem with onsite customer service representative who can offer meal vouchers or write checks for stranded passengers to cover costs.
If that does not remedy a passenger’s complaint, they should next file a complaint with the airline’s corporate office. DOT requires information about how to do that to be posted on the airline’s website. The Federal Aviation Authority requires airlines to acknowledge customer complaints within 30-days.
If a problem is still not resolved, the DOT has its own complaint portal to address concerns.
