The Myth of the Pilot’s Rights
Flyer be careful.
Airlines have been treated with great disdain lately, and for good reason. United Airlines literally pulled the man out of the plane because they “needed” his seat for an employee, and kicked some of the girls out because they were in leggings . Delta loaded a family of four because their youngest son was sitting in the seat that was assigned to their eldest son. Spirit Airlines canceled a ton of flights due to labor disputes , throwing tons of passengers ashore. Then United again appeared on the news recently when they canceled someone’s ticket for using the phone to record conversations with airline employees. Plus there was a whole story with rabbits . Needless to say, people are outraged and airlines like United are taking a pretty big hit .
But wait. These stories upset people who shout about their rights as a paying passenger. But do you know what these rights really are? Before you start complaining too much and boycotting it , it might be worth finding out what’s what when it comes to buying your plane ticket. Right to exist leaflets, through the Ministry of Transport , but they are pretty darn boring. Like, probably not even close to what you think of them. Let’s deal with this, okay?
Several rights you have as a flyer
First, you absolutely need to know that airlines have the legal right to stop any passenger from flying at any time, even if the passenger does not want to give up their seat. This means that you, sir, or are missing a paying customer. You may be removed for being drunk, having a crying baby, smelling like an ass, not wearing shoes, or even because they have booked seats and need a seat for someone else they think is more important. Sorry. Here’s what DOT has to say about this:
Overbooking is not illegal and most airlines book their scheduled flights to some extent with a margin to compensate for no-show. Sometimes, as a result, passengers are left behind or “confused”. When a resale occurs, the Department of Transportation (DOT) requires airlines to ask people who are in no rush to voluntarily give up their seats in exchange for compensation. Passengers who collide against their will are entitled, with some exceptions, to compensation.
If you are forcibly removed from the plane or denied boarding, you are eligible for another free ticket, provided that you have not broken the law. The Department of Transportation explains that the cost of this refunded ticket must be 200% of the one-way ticket to the final destination on that day (maximum USD 650), provided that the alternative transport must arrive at the destination between hours and hours. two hours after your original arrival time (one to four hours for international flights). It increases to 400% if the arrival time exceeds two hours.
Basically, you get another ticket to where you need to go, but you’re running late. However, you can also insist on receiving a check instead of a new ticket and keep the original ticket, which you can use on another flight of the same carrier. And when it comes to onboard services that you have already paid for, they must refund those payments to you as well. If you think you have been taken off your flight by mistake, you can file a formal complaint with the Department of Transportation . If that’s not enough, you can also try to file a small claims court case if you can prove some financial loss, but it’s a tough fight to win.
However, if your flight is delayed or canceled, things are a little different. You have even less rights. According to DOT :
Contrary to popular belief, for domestic flights, airlines are not required to compensate passengers whose flights are delayed or canceled. As discussed in the overbooking chapter, compensation is legally required for domestic travel only if you are “pushed” off a resold flight.
Yes, you read that right. If your flight is canceled, they don’t have to do anything for you. They don’t even need to provide you with any amenities if you get stuck somewhere due to a cancellation. Most airlines will put you on another flight or offer something as a customer service gesture, but they don’t need to .
And … Oh, wait, that’s all. These are your rights as leaflets.
Why do all these crazy things go on
Okay, now let’s see how some of these specific instances went wrong. To be clear, these explanations are not in defense of the airlines , but so that you can understand why this all happened. Knowing the “why” does not make them the right thing to do, but it will help you understand the reality of flying these days.
For example, what happened to Dr. David Dao was undoubtedly truly terrible, and United handled it as badly as possible. But here’s the thing – Dao was politely asked several times to get off the plane and he refused. Your gut reaction is probably something like, “Good for him, that shit, he’s a paying customer, he shouldn’t leave.” No, it doesn’t matter in the eyes of airlines or heavenly laws. Remember? The airlines can remove you from the aircraft at any time they wish, provided that they pay you adequate compensation in accordance with the law . This is classed as an “involuntary denied boarding” and the first thing that can get you in trouble – or if it boggles their imagination – is not following flight crew instructions . If the flight crew or security forces ordered you to get off the plane, do so.
The rules of the Federal Aviation Administration ( FAA) are very clear about this : “… no one can attack, threaten, intimidate or interfere with a crew member in the performance of their duties on board an aircraft in operation.” Tao was repeatedly asked to disembark (I know for some nonsense, but still), he refused to obey, saying that the next morning he had patients, they sent the Chicago Police Department aboard, he continued to refuse, then the Chicago Police Department and Flight Personnel urged him to be physically removed, which is technically authorized to do so. You may not like it, and United’s frantic actions have turned out to be a terrible fiasco, but these are breaks. In 2016 alone, more than 46,000 passengers were ousted by flights , so this is incredibly common. Let’s take a look at the rest of these examples:
- Girls who flew from a United flight for wearing leggings also broke some rules. They were not regular passengers and used free ticket vouchers for employees, which required them to fly in accordance with the airline’s strict corporate dress code . Their leggings did not match the specified dress code and they were denied boarding – plain and simple. Ordinary passengers can wear leggings.
- The family that got off the Delta flight had a child flying in an unassigned seat. It was assigned to his older brother, who had already flown home on another flight, which meant that this ticket (and seat) did not belong to the child who was actually on the plane. You cannot do this . A child or not, in the eyes of an airline, this is no different from an adult flying with someone else’s ticket.
- Spirit Airlines may cancel all of its flights at any time . Of course, this is bad for the business, but they can do it if they want to. Most airlines usually try to take you on the next available flight, and some airlines may even approve a new ticket for you on a new carrier, but this is entirely up to the airline. There are no official rules, and as mentioned, they don’t even owe you compensation. However, if they do take you on the next available flight, you are unlikely to be provided with any amenities while you are stuck. This is especially true for low-cost airlines such as Spirit.
- Finally, the United flight crew can deny boarding to anyone who records them without their permission, because, again, the flight crew can deny boarding to anyone at any time. In states where all parties agree , it is illegal to record sound without their permission in any case. This happened in Louisiana, which is not all-party, but the flight crew has the final say. If you do something to upset or tick them off, be prepared to pay for it.
Do not misunderstand me. None of this is “dishonest,” so to speak, but it is right now. You must always abide by the rules of the flight and the flight crew, period. This is the reality of flying in our corporate-controlled world after 9/11. You have the right to compensation for lost time and inconvenience in some cases, and you have the right to file a formal complaint with the Department of Transportation, and, well, that’s it!
Know your rights, but understand the reality
So yes, airlines mostly deserve their bad reputation because they continue to handle just about every situation that comes up without the slightest grace or humanity. But the frenzy of the media, the general misunderstanding of passenger rights, and the overly explicit self-expression of people are what fuel the flames of this raging bonfire. There is more to this convoluted equation than just mistreating people, and knowing all the variables is important if you are going to fly.
Hopefully, media coverage of these incidents will teach airlines a lesson and help change their rules for the better. But until then, you cannot refuse the flight crew, you cannot do whatever you want, because you are a “damn paid customer” and you cannot break the rules (even if they seem ridiculous). You have the right to remain silent, lean back at cruising altitude, and watch grisly comedies while sipping a Mural from a too small plastic cup – unless the airline specifies otherwise. Pleasant flight.