OVERBOOKING
Overbooking is
not illegal, and most airlines overbook their
scheduled flights to a certain extent in order
to compensate for "no-shows." Passengers are
sometimes left behind or "bumped" as a result.
When an oversale occurs, the Department of
Transportation (DOT) requires airlines to ask
people who aren't in a hurry to give up their
seats voluntarily, in exchange for compensation.
Those passengers bumped against their will are,
with a few exceptions, entitled to
compensation.
Voluntary
bumping
Almost any group
of airline passengers includes some people with
urgent travel needs and others who may be more
concerned about the cost of their tickets than
about getting to their destination on time. Our
rules require airlines to seek out people who
are willing to give up their seats for some
compensation before bumping anyone
involuntarily. Here's how this works. At the
check-in or boarding area, airline employees
will look for volunteers when it appears that
the flight has been oversold. If you're not in a
rush to arrive at your next destination, you can
give your reservation back to the airline in
exchange for compensation and a later flight.
But before you do this, you may want to get
answers to these important questions:
- When is the next flight on which the
airline can confirm your seat? The alternate
flight may be just as acceptable to you. It's
best to get a confirmation; if they offer to
put you on standby on another flight that's
full, you could be stranded.
- Will the airline provide other
amenities such as free meals, a hotel room,
phone calls, or ground transportation? If
not, you might have to spend the money they
offer you on food or lodging while you wait
for the next flight.
DOT has not said
how much the airline has to give volunteers.
This means carriers may negotiate with their
passengers for a mutually acceptable amount of
money -- or perhaps a free trip or other
benefits. Airlines give employees guidelines for
bargaining with passengers, and they may select
those volunteers willing to sell back their
reservations for the lowest price. If the
airline offers you a free ticket, ask about
restrictions. How long is the ticket good for?
Is it "blacked out" during holiday periods when
you might want to use it? Can it be used for
international flights? Most important, can you
make a reservation, and if so, how far before
departure are you permitted to make
it?
Involuntary
bumping
DOT requires
each airline to give all passengers who are
bumped involuntarily a written statement
describing their rights and explaining how the
carrier decides who gets on an oversold flight
and who doesn't. Those travelers who don't get
to fly are frequently entitled to an on-the-spot
payment of denied boarding compensation. The
amount depends on the price of their ticket and
the length of the delay:
- If you are bumped involuntarily and
the airline arranges substitute
transportation that is scheduled to get you
to your final destination (including later
connections) within one hour of your original
scheduled arrival time, there is no
compensation.
- If the airline arranges substitute
transportation that is scheduled to arrive at
your destination between one and two hours
after your original arrival time (between one
and four hours on international flights), the
airline must pay you an amount equal to your
one-way fare to your final destination, with
a $200 maximum.
- 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 (200% of your
fare, $400 maximum).
- You always get to keep your original
ticket and use it on another flight. If you
choose to make your own arrangements, you can
request an "involuntary refund" for the
ticket for the flight you were bumped from.
The denied boarding compensation is
essentially a payment for your inconvenience.
Like all rules,
however, there are a few conditions and
exceptions:
- To be eligible for compensation, you
must have a confirmed reservation. An "OK" in
the Status box of your ticket qualifies you
in this regard even if the airline can't find
your reservation in the computer, as long as
you didn't cancel your reservation or miss a
reconfirmation deadline.
- You must meet the airline's deadline
for buying your ticket. Discount tickets must
usually be purchased within a certain number
of days after the reservation was made. Other
tickets normally have to be picked up no
later than 30 minutes before the flight.
In addition to
the ticketing deadline, each airline has a
check-in deadline, which is the amount of time
before scheduled departure that you must present
yourself to the airline at the airport. For
domestic flights most carriers have a deadline
of 10 minutes before scheduled departure, but
some can be an hour or longer. (Many airlines
require passengers with advance seat assignments
to check in 30 minutes before scheduled
departure, even if they already have advance
boarding passes. If you miss this deadline you
may lose the specific seats you were promised,
although not the reservation itself.) Check-in
deadlines on international flights can be as
much as three hours before scheduled departure
time, due partially to security procedures. Some
airlines may simply require you to be at the
ticket/baggage counter by this time; most,
however, require that you get all the way to the
boarding area. If you miss the ticketing or
check-in deadline, you may have lost your
reservation and your right to compensation if
the flight is oversold.
- As noted above, no compensation is
due if the airline arranges substitute
transportation which is scheduled to arrive
at your destination within one hour of your
originally scheduled arrival time.
- If the airline must substitute a
smaller plane for the one it originally
planned to use, the carrier isn't required to
pay people who are bumped as a result.
- The rules do not apply to charter
flights, or to scheduled flights operated
with planes that hold 60 or fewer passengers.
They don't apply to international flights
inbound to the United States, although some
airlines on these routes may follow them
voluntarily. Also, if you are flying between
two foreign cities -- from Paris to Rome, for
example -- these rules will not apply. The
European Community has a rule on bumpings
that occur in an EC country; ask the airline
for details or contact DOT.
The most
effective way to reduce the risk of being bumped
is to get to the airport early. On oversold
flights the last passengers to check in are
usually the first to be bumped, even if they
have met the check-in deadline. Allow extra
time; assume that the airport access road is
backed up, the parking lot is full, and there is
a long line at the check-in counter. However, if
you arrive so early that your airline has
another flight to your destination leaving
before the one that you are booked on, either
switch to the earlier flight or don't check your
bag until after the first flight leaves. If you
check your bag right away, it might get put on
the earlier flight and remain unattended at your
destination airport for hours. Airlines may
offer free transportation on future flights in
place of a check for denied boarding
compensation. However, if you are bumped
involuntarily you have the right to insist on a
check if that is your preference. Once you cash
the check (or accept the free flight), you will
probably lose the right to demand more money
from the airline later on. However, if being
bumped costs you more money than the airline
will pay you at the airport, you can try to
negotiate a higher settlement with their
complaint department. If this doesn't work, you
usually have 30 days from the date on the check
to decide if you want to accept the amount of
the check. You are always free to decline the
check and take the airline to court to try to
obtain more compensation. The government's
denied boarding regulation spells out the
airlines' minimum obligation to people they bump
involuntarily. Finally, don't be a "no-show." If
you are holding confirmed reservations you don't
plan to use, notify the airline. If you don't,
they will cancel all onward or return
reservations on your trip.
NOTICE
We make every
effort to keep Fly-Rights up to date, but
airlines frequently change the way they do
business. So by the time you read this a few of
the procedures we have covered may be different.
Tenth Revised Edition, September 1994
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