Tuesday February 9, 2010 10:25 PM ET
SmartMoney
Published November 25, 2009  |  A A A
Consumer Action by AnnaMaria Andriotis (Author Archive)

Holiday Travel Snafus: Know Your Rights

Thanksgiving travel is always fraught with risks.

When hundreds of thousands of travelers reserve flights for the same day, some hassles now seem inevitable. Flight delays (particularly at airports at risk for blizzards) can disrupt tight family schedules, and lost luggage can force travelers to buy new clothes until their bags are found.

In September, about 14% of flights were delayed, cancelled or diverted, according to the Department of Transportation. Meanwhile, 3% of baggage was mishandled, down from about 4% a year ago.

“When you buy an airline ticket, that’s a contract that you’re promised by an airline to get you to a destination, but they don’t guarantee their flights will be on time,” says Bill Mosley, a spokesman at the DOT.

Indeed, delays have become so common that the government took action by fining three airlines for stranding passengers in a plane parked on a tarmac overnight.

Savvy travelers can limit the damage caused by delayed flights and lost luggage. Before you leave for your trip, print a copy of your carrier’s contract of carriage, which explains the rights you’re entitled to should a delay or other mishap occur.

Here are six common travel snafus and tips for coping with them.

Delays and Cancellations

When you book your tickets, keep in mind that airlines have different policies for coping with delays.

Decades ago, when the government regulated the airline industry, it mandated that during a major flight delay or cancellation, airlines must put passengers on the next available flight.

This rule, known as Rule 240, is no longer a federal requirement, and each year fewer large carriers follow it. The rule is only applicable to delays and cancellations caused by factors outside an airline’s control, like the weather.

Alaska Airlines enforces Rule 240, as does Hawaiian Airlines. Delta enforces the rule at its discretion; the company’s domestic contract of carriage states: “At our sole discretion, we may arrange for your travel on another carrier or via ground transportation.”

JetBlue (JBLU) offers a full refund to a traveler whose flight is canceled or a seat on the next available JetBlue flight, says Bryan Baldwin, a company spokesman. If the flight is canceled four hours or less before takeoff, the traveler will also receive a $50 voucher for future JetBlue travel.

Overnight Delays

Depending on your airline and situation, you may be able to get a hotel stay paid for by the airline following an extended delay or a cancellation that leaves you stranded in a city overnight. But airlines aren’t required to provide these accommodations.

A better option is to try to get yourself on another flight out to your intended destination. First, call the airline’s customer service number (or check its web site) to see if there are any seats available on that flight. If there aren’t, try calling other airlines that fly to your destination. Once you know what flights have open seats, approach your original carrier’s customer service desk at the airport and request that they help you book the flight.

Early Cancellations

Passengers who haven’t started their trip but receive notice that their flight has been canceled or significantly rescheduled can often get a full refund – even on nonrefundable tickets.

Depending on the length of the delay, passengers could end up with vouchers. When a JetBlue flight is delayed in advance because of a problem within the airline’s control, the airline will offer vouchers to each passenger ranging from $25 to $50, depending on the length of the delay. If the delay is five to six hours, the voucher will be valid for a future flight on JetBlue in the amount the passenger paid for a one-way trip. And if the delay lasts six or more hours, the voucher will be good for a future round-trip ticket on JetBlue.

Overbooked Flights

When a passenger is denied boarding because the flight is overbooked, the airline must pay the passenger $400 to $800, says George Hobica, the founder of AirfareWatchdog.com, a site that tracks cheap airfare and airfare contract of carriages. “They’ll try to give you a voucher, but take cash,” he says.

Passengers are typically entitled to an immediate payment, and the amount will vary depending on the price of their ticket and length of delay, according to the DOT. (The DOT requires airlines to give bumped passengers a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight.)

However, when an airline arranges substitute transportation that will get you to your final destination within one hour of your original arrival time, it is not required to compensate you.

Delays Abroad

Travelers flying back from Europe have more recourse when faced with a delay or cancellation.

Wtih a flight from Europe to the U.S. that’s delayed more than eight hours – and within the carrier’s control – each passenger is entitled up to 600 euros, Hobica says. The amount you’ll receive will depend in part on the distance of the flight.

Under certain circumstances like overnight delays, airlines are required to pay expenses related to meals and hotels.

Lost or Delayed Luggage

Passengers are entitled to up to $3,300 for luggage lost or delayed by an airline, according to federal regulations.

Once you realize your luggage hasn’t arrived, make a claim before leaving the airport at the airlines’ baggage office. If you’re on an extended trip, you may need to buy clothing until your bag is recovered. Try to be reasonable with your purchases; buy a bathing suit for a beach vacation or a suit for a business meeting. Keep those receipts, and submit them to the airline as soon as possible, along with the airline’s delayed baggage form. And be prepared to defend your purchases, Hobica says.

In most cases, you’ll have to show receipts to be compensated. Travelers who don’t have old receipts may be at the mercy of the airline.

Travelers can buy supplementary insurance at the check-in counter. On most airlines, you’ll pay $1 for every $100 of coverage for a maximum of $5,000 of coverage. (American Airlines charges $2 for every $100 of coverage, and United charges $5.) This insurance may be worthwhile for travelers whose luggage includes expensive clothing, electronics or other pricey items. If your luggage is lost, you’ll be paid the full amount of coverage that you requested. Click here to find out what most major U.S. airlines charge for this insurance.


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