New rights for travelers
Nov 18, 2024
Cameron Nakashima, Better Business Bureau Media Engagement and Digital Campaigns Manager joins producer/host Coralie Chun Matayoshi to discuss new U.S. Department of Transportation policies now in effect that give new refund for flight cancellations (automatic) and delays, baggage delays, paid services like in-flight entertainment or wi-fi that are not provided, and certain illnesses that prevent travel, rules regarding bumping, and tips for families traveling with children.
Q. Americans are traveling more than ever before, and as we head into the heavy holiday travel season, canceled and delayed flights, overbooking and lost luggage can add to the hassle and headaches of traveling. Fortunately, the U.S. Department of Transportation issued new requirements that are now in effect to give travelers new rights when flights go wrong. What makes the new flight cancelation, delay, and refund policies such a big deal?
For the first time ever, the U.S. Department of Transportation (DOT) has defined what qualifies as a “significant” flight change. Before, airlines had their own rules, which led to confusion for passengers and often resulted in less compensation for delays or cancellations. It also outlined a series of other new refund requirements for airlines.
Q. What happens when an airline cancels a flight or makes significant changes?
According to new rules announced by the DOT that went into effect earlier this year, airlines must offer automatic refunds if your flight is significantly delayed or canceled for any reason, not just for controllable events like aircraft maintenance issues or crew availability.
A “significant” change is now clearly defined as any domestic U.S. flight delayed by three or more hours, or an international flight delayed by six or more hours.
Airlines also must issue refunds for other significant changes, such as if the flight departs or arrives at a different airport, a layover is added, or you are downgraded to a lower class of service.
Q. What options are available if the flight is canceled but the airline offers an alternative?
If the airline offers you alternate travel arrangements, such as a new flight routing, and you accept, you will not be eligible for a refund.
However, if you refuse the alternative and decide not to travel, you are entitled to receive a full refund for your ticket.
Q. Are there additional protections for delayed baggage?
Yes, the new DOT rules also protect travelers from delayed baggage. If a checked bag does not arrive within 12 hours of a domestic flight or 15-30 hours of an international flight, the passenger is entitled to a refund of any baggage fees.
To receive the refund, passengers must file a mishandled baggage report with the airline.
Q. What happens if paid services like in-flight entertainment or Wi-Fi aren’t provided?
Airlines are now required to refund passengers for extra services, like seat selection, in-flight Wi-Fi, or entertainment, if those services were not delivered as promised.
Q. Can travelers get a refund or credit for illness or other special circumstances?
Under the new regulations, if a medical professional advises you not to travel due to a communicable disease, airlines must issue a travel credit or voucher if the flight needs to be rescheduled.
Airlines are also required to issue travel credits, valid for five years, if government restrictions prevent you from traveling to a certain destination.
Q. How long do airlines have to issue refunds for canceled flights?
The DOT mandates that airlines must issue refunds within seven days if the payment was made by credit card, and within 20 days for other forms of payment.
Additionally, airlines are now required to automatically issue refunds for affected flights without the passenger having to file a request.
Q. What is bumping, and what rights do travelers have if it happens to them?
Bumping or denied boarding is when there are more ticket holders than seats in an airplane.
While bumping is illegal, some airlines overbook flights anticipating no-shows. While most of the time it works, more people show up than planned. Bumping can also happen when a Federal Air Marshal is needed even for airlines that don't overbook.
Voluntarily giving up a seat - the airlines must first ask for volunteers to give up seats in exchange for compensation. What the airlines offer, or a passenger asks for is not mandated by the federal government.
Before agreeing to the airlines’ offer, if given a travel voucher, ask about the expiration date, restrictions or blackout dates. Confirm the day and time of your next flight. Ask about food vouchers, hotel accommodation and transportation costs to the hotel and airport.
Q. What happens if no volunteers come forward to give up their seats?
Involuntarily giving up a seat. If the airline has no volunteers, they must have a process determining who is required to give up the seat. The process can be based on the fare paid, check-in time or frequent flyer status. The process can’t be based on unjust or unreasonable criteria, for example, race.
The airline must provide the passenger with a written copy of their rights and how bumping determination is made.
If a passenger has boarded the plane, the airline can’t bump them if the person checked in according to policy and the gate attendant has taken the ticket.
Exceptions to involuntary bumping after boarding are safety, security or health risks and disruptive behavior.
Q. When are passengers eligible for compensation when involuntarily bumped?
A confirmed reservation
Check in on time for the flight.
Arrived at the departure gate on time.
The airline can’t get you to your destination within an hour of the original flight arrival time.
Q. When are travelers not eligible for compensation when involuntarily bumped?
Aircraft change
Weight and balance of planes with fewer than 60 passengers.
Downgrading from premium class to a lower-class seat, they are entitled to the difference in the tickets only.
Charter flight
Small aircraft with less than 30 passengers.
Flights departing from a foreign location. The country determines those laws, so check with the country or airline.
Q. What is the compensation amount based on?
Price of the ticket and the length of time delayed. Find the chart at https://www.transportation.gov/individuals/aviation-consumer-protection/bumping-oversales
Q. Another issue we are hearing about is seating policies for families traveling together. Is there a law that guarantees that a family can sit together?
The law doesn’t require airlines to allow families to provide fee-free seating. Currently, only three of the ten major carriers guarantee family seating.
DOT launched a dashboard displaying the airlines’ policy on family seating. https://www.transportation.gov/airconsumer/airline-customer-service-dashboard
Q. What tips can you give to families traveling together?
Understand the airline’s seating policy.
Book your flights as early as possible.
Book the family on the same reservation.
The fare type determines when you can select your seating, so consider it when selecting the fare.
Select seats as soon as you book the flight.
Sign up for notifications about the flight.
Verify the seating before going to the airport and arrive early for the flight.
To learn more about this subject, tune into this video podcast.
Disclaimer: this material is intended for informational purposes only and does not constitute legal advice. The law varies by jurisdiction and is constantly changing. For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.