Your Rights on Flights

You've probably read about it, maybe even experienced it yourself: the flight that pulls away from the gate on time, but then is delayed on the runway, trapping passengers (who cannot get off to make alternative arrangements, and may even be prohibited from using their cell phones to let others know they will be late) for hours without adequate food, water or sanitary services; passengers with reserved seats and boarding passes who are bumped from flights that are overbooked; delays or cancellations (not caused by weather or air traffic control) that cause you to spend an extra night without compensation for the cost of your hotel and meals; luggage that is lost for days, requiring you to spend time and money shopping for emergency replacements.

Many experts believe that such problems have gotten worse in recent months -- and call recent airline performance problems the worst since deregulation almost two decades ago. Spurred in part by February's JetBlue debacle, proposed legislation has been introduced in Congress that would require airlines to:

1. Give passengers the option to leave a plane if it has been waiting on the runway for more than three hours, unless the plane is about to be cleared for takeoff or ground conditions are unsafe.
2. Disclose which flights are chronically delayed.
3. Improve their efforts to return all checked bags within 24 hours.

Even before these bills are debated in Congressional hearings this spring, there are a few important tips you should know about your rights as a passenger:

If you are involuntarily bumped from a flight and will arrive at your final destination between one and two hours of the original landing time, you should expect to be compensated up to $200; if no substitution can be made, you should receive up to $400. These amounts are set by the Department of Transportation. If you volunteer to give up your seat, there is no required compensation (but most airlines do provide it -- be sure to ask about such payments and know when the next available flight is, as well as if the airline will pay for a hotel, ground transportation and meals if you must stay overnight). For more details about your options when your flight is delayed, see the DOT web site.

If your luggage is lost (about 2% of all misplaced and mis-routed luggage is ultimately officially classed as "lost") on a U.S. domestic flight, the airline is required to compensate you for the depreciated value of your property, up to $3,000 (effective 2/28/07). The rules are different on international flights. For more information, visit the DOT web site.

If your luggage is delayed, there are no requirements, but many airlines will give you money for emergency purchases and deliver your bags to your home or hotel free of charge. Make sure you ask for these services, since airlines don't always volunteer them.

Of course the best course of action may be to take steps to avoid airline hassles all together. Here are some tips that may help:

1. Book flights early in the day. These flights are less likely to be delayed (later flights may experience the ripple effect from ongoing congestion and delays). Also, if there are problems, you'll have more flights to choose from.
2. If you must change plans, consider rebooking over the telephone rather than at the ticket counter -- we've found that we often have more options that way (but we don't know why!).
3. The best way to ensure your luggage doesn't get lost is to limit yourself to carry-on pieces. If this isn't possible, be sure to check in early -- if you miss the check-in deadline (but make the flight), the airline is not responsible if your bag is delayed.

If you do encounter problems, let someone know! We recommend writing to the head of the airline as well as to the Aviation Consumer Protection Division. You can contact the ACPD by phone at 202-366-2220 or via email at airconsumer@ost.dot.gov. Your complaint should include a brief description of the problem, as well as your name, address, phone number, the name of the airline, the flight date, flight number, and origination and destination of your trip. The DOT web site has additional tips on how to make your complaint most effective.

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