Amid Chaos, Government Revisits Air Passengers' Rights

AFTER A PERFECT

storm of devastating events, the airline industry is in a tailspin. Unfortunately it's taking passengers along for the fateful ride.

"The deck is heavily stacked against consumers right now," says Kate Hanni, founder of Coalition for an Airline Passengers' Bill of Rights. Last year, complaints about everything from mishandled baggage to severely delayed flights hit an all-time high, according to the 18th annual Airline Quality Rating study conducted by the University of Nebraska at Omaha and Wichita State University. Rapidly rising fuel prices and the Federal Aviation Administration's maintenance crackdown has only exacerbated the situation, prompting several low-cost carriers to shutter their operations while the rest scramble to make repairs amid widespread cancellations.

It doesn't help that travelers' rights have been eroding at the same time the airlines' problems are escalating. Congress let a post-September 11 regulation requiring airlines to take on passengers of a failed airline (for the replacement ticket price of $50) lapse two years ago. Then last month, a federal appellate court struck down a New York state law that required airlines to provide food, water and bathroom access to passengers grounded for more than three hours. According to the ruling, only the federal government can pass laws regarding passenger rights.

For its part, the federal government has been slow to move, but it's starting to pick up momentum. The Department of Transportation recently announced a new set of rules that includes doubling the maximum amount of compensation that passengers who are bumped from flights or rerouted should receive to $800. The rules also extend compensation to those on flights of 30 or more passengers. "That brings in most of the commuter planes that account for a disproportionately high percentage of bumpings," says Ed Perkins, contributing editor for travel advice site SmarterTravel.com. The higher limits may result in more money for passengers who voluntarily give up their seat. "They've commonly been offered chump change $100; a $200 voucher on a full-fare flight," says Ed Mierzwinski, consumer program director for the U.S. Public Interest Research Group.

However, consumer advocates argue that the new compensation levels aren't enough. The $400 cap the DOT set in 1978 amounts to more than $1,300 in today's dollars. "They should have at least tripled it, not doubled it," says Mierzwinski. Some say the sums aren't enough to curb airline overbooking. "It's not enough to be prohibitive," says Hanni.

There might be more changes in the future, however. This week, the Senate is set to debate a passenger "bill of rights" as part of a broader Federal Aviation Administration bill. Among other things, the proposed legislation would require airlines to set a strategy for deplaning passengers during severe delays, as well as providing basic needs like food and water.

If you're planning to fly the unfriendly skies anytime soon, here's what you need to know about your rights.

Cancelled/Delayed Flight
AirfareWatchdog.com

The terms of a contract of carriage vary from airline to airline, and depend largely on the cause of the delay. (Anything deemed outside the airline's control, from weather to fuel shortages, garners few, if any, concessions.) Most will cover a hotel and meals if you're stranded overnight. Airlines will also try to put you on another flight and some will even look beyond their own fleet to competitors'. Delta, for example, says it will consider booking you on another carrier, upgrading your fare or arrange ground transportation. Low-cost carriers tend to offer the least, simply because they don't have many agreements with other carriers to offer cross-ticketing, says Perkins.

Voluntary Bump

If you choose to give up your seat, there are no federal requirements dictating that the airlines must offer you reimbursements for meals or a hotel, or get you on another flight within a certain period of time. "If you take the [future-travel airline] voucher, you're done," says Hanni. A warning: even getting bumped against your will becomes "voluntary" should you accept an airline voucher toward a future flight.

Involuntary Bump

The Department of Transportation's new rules require airlines to compensate passengers who've been bumped from flights due to overbooking. Regulations don't cover bumping for other reasons, like switching to a smaller plane. They also don't apply to charter flights, or aircraft carrying fewer than 30 people. To be eligible to receive compensation, consumers must have arrived by the airline's check-in deadline with a confirmed reservation.

Should you decide not to fly, you're entitled to a refund, and in some cases, additional compensation, says Hudson. Here's what you're owed, based on how long your arrival is delayed at your final destination.

  • Less than one hour

  • One to two hours

  • More than two hours

  • Less than one hour

  • One to four hours

  • More than four hours

International Flight Delays & Cancellations

International laws trump domestic contracts of carriage, says Paul Hudson, executive director of the Aviation Consumer Action Project. Just keep in mind that you can't claim compensation from the airline under multiple regulations, and there's still plenty of fine print that could prevent you from getting much.

Any trip that has a stop outside the country is covered by the Montreal Convention even if the problem occurs on the stateside portion of your flight (say, the San Francisco-New York leg of a trip to London), says Hudson. It provides up to $6,700 in compensation for delays, but only if the airline didn't do "everything possible" to avoid the problem. The European Union passenger rights laws provides for up to $900 for any delays on inbound or outbound flights. Compensation is based on distance flown, as well as anticipated arrival delays. It also provides for meal, hotel and telephone compensation.

The Department of Transportation's new rules also make concessions for involuntary bumps on international flights, similar to its domestic ones:

INVESTOR CENTER

MARKETS:
Chart
TODAY
Portfolio Chart

RESEARCH STOCKS & FUNDS

  • How to Pay for a Wedding

    With most couples waiting to marry and three quarters of marriage partners living together first, many celebrants are paying at least part of their wedding bill.

  • How to Teach Kids about Money

    It’s never too early to start talking dollars...and sense.

  • How to Manage Your Grocery Bill

    Your grocery bill is your biggest weekly household expense, so keeping a lid on it will go far to stretch your dollar.

Answer Engine
Find Answers to Life's Challenges  

Find solutions to this and many other problems using

Answer Engine from SmartMoney. 

Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved
This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit
www.djreprints.com.