The Rights of Airline Passengers That Everyone Should Know
While air travel is often frustrating, you don’t have to put up with a completely miserable experience. As a passenger, you have certain rights set forth by the US Department of Transportation in the event of delays, cancellations, and other unforeseen situations. That’s what you’re entitled to when you fly.
You are entitled to compensation for being hit
Airlines usually oversell their flights to avoid wasting money on no-shows, but that means there really aren’t enough seats if everyone who’s booked and got a confirmed seat decides to travel.
Airlines are required to ask volunteers to give up their seats before they kick people out. They are not required to compensate volunteers, although you do have some bargaining power – airlines don’t want to piss people off by unwittingly bumping into them. You can negotiate a free ticket or other travel vouchers, but make sure you ask about any restrictions such as blackouts and expiration dates before agreeing to the terms.
If you are accidentally hit, you are entitled to compensation. Lawyer Erica Kuhlberg has several videos showing this process and other airline reimbursement techniques. The amount depends on how much your arrival at your destination is delayed (compared to your original itinerary):
- 1 hour or less: no compensation
- 1 to 2 hours (1 to 4 hours international): Minimum 200% of original one-way fare or $775, whichever is less.
- 2 hours or more (4 hours or more worldwide): Minimum 400% of your original one-way fare or $1,550, whichever is less.
If you paid with frequent flyer miles, the refund is based on the lowest amount paid for the same ticket on your flight. The airline must also refund the fees for seat selection, baggage check-in and other additional services if you do not receive these services during the trip. While some airlines may offer tickets or vouchers for those who unwittingly encounter this, you have the right to request a cash check instead.
Of course, there’s the fine print: if you check in late or don’t have a confirmed booking, you’ll most likely lose your right to compensation. Airlines also don’t have to compensate you if they have to downsize the plane to a smaller size. Finally, you have the option to negotiate more than what is offered to you at the airport, but only within 30 days and if you don’t cash your compensation check.
You can get compensation for delayed, damaged or lost luggage
Baggage rules are a bit more vague than those for unintentional collision. However, most airlines will settle for external damage to your bags or items, although they can always claim that your packaging work was insufficient to protect your items. They can also reimburse you for “reasonable” expenses or emergency purchases while your luggage is delayed.
If the airline completely loses your baggage, you are entitled to a refund of any fees and can file a claim. You will need documentation to prove the value of your items and you will likely have to negotiate. This process can take one to three months and can be unsatisfactory as airlines sometimes offer free tickets instead or reject claims outright. They will also not pay more than the current $3,800 liability limit.
You are entitled to food and water during long runway delays
If your aircraft is on the runway waiting for takeoff or gate for two or more hours, the airline must provide passengers with food and water, as well as access to toilets and medical attention. As a general rule, aircraft are not allowed to remain on the runway for more than three hours, except for safety, security or airport disruption reasons.
You are not guaranteed compensation for delays
As most of us have probably experienced, flight delays are an inevitable part of travel and there is little we can do but wait them out. Airlines do not offer schedule guarantees, and no federal regulations require them to do anything for you if your aircraft is delayed on a domestic flight. You might be able to get a meal voucher, which isn’t much of a consolation for the extra time spent at the busy airport. Check your airline’s specific policies to find out what your leverage is.
On international routes, you can file a claim with the airline for reimbursement, although reimbursement is not guaranteed.
DOT rules require airlines to refund you for “major schedule changes” or “significant delays” if you decide not to fly as a result, but these situations are not specifically defined. Airlines are required to refund your money if they cancel your flight and you decide not to fly.
You have 24 hours to cancel your ticket after booking
If you book your flight directly with the airline at least seven days in advance, you can cancel and receive a refund without penalties or fees within 24 hours (or “hold” the ticket at the indicated price for the same period). This does not necessarily apply to bookings through a third party website or travel agency, so read the fine print first.
Airlines are required to clearly list all fares, taxes, and charges under the “full fare” DOT rule in order to minimize confusion and surprises, although this protection cannot last forever.
You are entitled to accommodations for the disabled
Airlines and airports must comply with certain rules of the Americans with Disabilities Act (ADA) and the Air Carrier Access Act (ACAA). There are certain accommodation options that require advance notice (24-48 hours prior to travel). DOT has a complete consumer guide on these rights .
You have the right to complain
Complaining may not always get you what you want, but it certainly has a cathartic effect. Airlines are required to provide information about filing complaints on their website, along with your ticket, and upon request at the airport. They must confirm your written complaint within 30 days and respond within 60 days.
You can also complain to DOT about airline services online or by calling 202-366-2220.