Compensation for Flight
Delays and Overbookings
If you are an
air traveler, any flight that you take can be
delayed for any number of reasons, for example
due to weather or mechanical problems. In most
cases, the delay does not cause any hardship.
However, there are times when the delays can
lead to missed connections, unexpected overnight
stays in the airport, or other significant
inconveniences. Airlines that fly in the U.S.
are not legally obligated to provide any
compensation for a delayed passenger. They are
however, required to compensate passengers who
have a reservation but are denied boarding, also
known as getting bumped from the
flight.
This is in
contrast to airlines that fly in the European
Union, which are required to compensate
passengers who are bumped, as well as passengers
who experience many types of delays and flight
cancellations. No matter where you fly, you
should make the effort to become familiar both
with what an airline is required by law to
provide in the way of compensation, your
airline's policies on compensating
passengers,and how you may be able to negotiate
for additional compensation.
Delays and
Cancellations for Domestic U.S. Flights
For domestic U.S. Flights, there are no U.S.
federal regulations that require any
compensation for a delayed or cancelled flight.
However, keep in mind that each airline may have
a policy for compensating passengers whose
flights are delayed or cancelled, and those
policies may include compensations such as
meals, hotel rooms, or phone calls. The airline
may also arrange an alternate flight on another
aircraft on either the same airline or with a
different airline. These policies are either
included with the paperwork associated with your
ticket, or are available from an airline
representative. Before you travel, you may want
to review the airline's policies to see what
compensation may be offered in the event of a
delay or a cancellation.
Delays
Involving Unaccompanied Minors
If there is an unaccompanied minor traveling,
you should absolutely check with the airline
before the trip. As is the case with all delays
and cancellations involving domestic U.S.
flights, there are no U.S. federal requirements
for any special services or compensation for
unaccompanied minors on a delayed or cancelled
flight. At the very least, you should have an
alternative plan in place to deal with the
possibility of the child being delayed overnight
or arriving at the destination airport well
after the expected time.
Delays and
Cancellations for non-U.S. Domestic
Flights
Rules for compensation for delayed and cancelled
flights will depend on the rules of that country
and the rules of the airline. As is the case
with domestic flights in the U.S., if you are
traveling on a domestic flight in another
country, at the very least you should review the
policies or regulations of that airline to see
what compensation you can expect in the event of
a delay or a cancellation.
Delays and
Cancellations for European Union Related
Flights
Unlike the U.S., the European Union (EU) does
provide for compensation for flight delays and
cancellations. In most, but not all, cases
involving a delay or cancellation of a flight, a
passenger is entitled to compensation under
European Parliament Regulation
(EC) 261/2004
for delayed and cancelled flights. There are
three levels of compensation:
- in the event
of long delays (two hours or more, depending
on the distance of the flight), passengers
must in every case be offered free meals and
refreshments plus two free telephone calls,
telex or fax messages, or emails;
- if the time
of departure is deferred until the next day,
passengers must also be offered hotel
accommodation and transport between the
airport and the place of
accommodation;
- when the
delay is five hours or longer, passengers may
opt for reimbursement of the full cost of the
ticket together with, when relevant, a return
flight to the first point of
departure.
This regulation
applies to all airline flights departing from an
EU airport or to any airline licensed in the EU
if that flight is departing from an airport
outside the EU to a destination at an airport in
an EU member state.
Delays and
Cancellations for Other International
Flights
While the EU has some regulations that
specifically deal with EU related international
flights, there are no requirements to compensate
passengers on most other international flights
that are delayed or cancelled. The most relevant
international treaty is the 1999
Montreal
Convention,
an international agreement signed by the U.S.
and many other countries. There is no specific
language in this agreement that obligates the
airline to compensate passengers in the event of
a flight delay or flight cancellation. As would
be the case with domestic U.S. flights, review
your airline's policies to see what
compensation, if any, that the airline may
provide.
Overbooking
and Involuntary Bumping on U.S. Airlines
U.S. airlines are allowed to overbook flights to
allow for "no-show" passengers. However, if
passengers are involuntarily bumped, airlines
are required to do ask for volunteers to give up
their seats in exchange for compensation. Most
involuntarily bumped passengers are subject to
the following minimum compensation
schedule:
- There is no
compensation if alternative transportation
gets the passenger to the destination within
one hour of the original scheduled
arrival.
- The
equivalent of the passenger's one way fare up
to a maximum of $200 for substitute domestic
flights that arrive between one and two hours
after the original scheduled arrival time or
for substitute international flights that
arrive between one and four hours after the
original scheduled arrival time.
- If the
substitute transportation is scheduled to get
you to your destination more than two hours
later (four hours internationally), or if the
airline does not make any substitute travel
arrangements for you, the compensation
doubles to a maximum of $400.
There are
exceptions to these rules. This minimum
compensation schedule does not apply to charter
flights, to scheduled flights operated with
planes that hold 60 or fewer passengers, or to
international flights inbound to the United
States. If a passenger can't be accommodated to
their satisfaction, they may be eligible to
request a refund for the remaining part of the
trip, even if the trip were on an otherwise
nonrefundable ticket.
Denied
Boarding Compensation in the European
Community
If you are bumped from a flight and your flight
was either departing from an EU country, or if
you were on an airline registered in the EU and
your flight departed outside the EU for a
destination within the EU, you would have the
following rights:
Overbooking
and Voluntary Bumping
Before an airline involuntarily bumps passengers
on an overbooked flight, they will first ask for
passengers who are willing to voluntarily give
up their seat. Passengers considering
volunteering to give up their seat should be
aware of two important considerations. First,
they will no longer be compensated under the
denied boarding or involuntary bumping rules
that are in effect for that flight. Second, a
passenger who voluntarily gives up their seat is
in a position to negotiate with the airline for
other compensation that could be more valuable
to the passenger. However, a passenger would be
wise to volunteer only after the following six
steps:
- Determine
whether the later flight has a confirmed
reservation and whether the scheduled arrival
time is acceptable.
- Determine
what will happen if the airline is unable to
find a seat on the next flight or if that
flight is delayed or cancelled.
- Determine
whether the airline will pay for food,
lodging, or other extra costs you may incur
due to taking a later flight.
- Determine
whether the compensation being offered for
giving up your seat is worthwhile (hint: ask
for more than what an involuntarily bumped
person would get).
- Determine
what kinds of restrictions or limitations are
on the travel vouchers or other compensations
that are being offered.
- Insist that
any compensation be provided immediately and
with any documentation needed to claim the
compensation.
Complaining
About Your Service
If for some reason you believe that the
airline's response to your flight's delay or
cancellation, or overbooking was not
satisfactory, you may want to complain to the
airline or to the authorities. If your flight
was on a U.S. airline or on a flight to or from
the U.S., you can also use the AirGuide
Online
Complaint eMail
and AirSafe.com will forward your complaint to
the U.S. Department of Transportation.
We hope these tips have been useful. Contact us
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