Airline Passenger Rights
Passenger Rights
What happens if you get involuntarily bumped from a flight? What kind of compensation can you expect if an airline loses your suitcase? And where can you turn if you have a complaint? Read on to learn exactly what rights you have -- and what restrictions you face -- every time you fly.
Your Tickets
• Reservations:
Once you have a confirmed reservation, you are confirmed on the flight even if there is no record of your reservation in the airline's computer system. If you have a ticket that shows a confirmed reservation for a specific flight and date, an agent cannot deny you boarding because you have no reservation in the computer. However, if you don't show up for a flight and fail to cancel the reservation, you are considered a no-show and the airline can cancel any continuing or return reservations.
• Refunds:
Refund guidelines vary from carrier to carrier, but there are a few general rules. If you need to cancel a ticket purchased under a nonrefundable fare, you may be able to apply the fare you paid toward a future flight, minus any applicable change or cancellation fees. If you need to cancel a refundable ticket purchased by credit card, your refund will be issued as a credit on the same card you used to make the purchase. (Contact your credit card company for support if you have problems getting a refund from your airline in a timely manner.) If you purchased your ticket with a personal check, you will usually receive your refund through the mail. Tickets paid for with cash can generally be refunded immediately by your carrier or travel agency.
Note that if you have been issued paper tickets (no matter how you paid for them), you will have to return the unused tickets to the airline.
At The Airport
• Check-In Times:
Even if you have already checked in for your flight, an airline can cancel your reservation if you are not at the departure gate on time. Your seat may be given to another passenger, regardless of whether you have an advance boarding pass or an advance seat assignment. By the same token, if you do not check your baggage in sufficient time for it to be loaded on your flight, the airline will not be responsible for any delay in the delivery of your baggage to your destination. To avoid these problems, arrive at least two hours before your departure time. However, if you are flying internationally or during the holidays, you may need to arrive even earlier.
• Got Your ID?:
All adults are required to present photo identification upon check-in and at boarding. (Most minors under the age of 18 do not need to provide ID for domestic travel, but airline policies may vary; consult your airline before your flight to make sure, and bring ID if you have it.) You also may be subject to a physical or electronic search at the airport. If you don't want to be searched, you will likely be denied boarding and may lose the money you paid for your ticket.
• Delays/Cancellations:
Airlines are not required to compensate passengers for delayed or canceled flights. Each carrier differs in its policy and there are no federal requirements for passenger compensation. Most airlines will book you on the next available flight if your flight is canceled. If your plane is delayed, the airline may pay for meals or a phone call, so it's worth asking. Some will offer no amenities if the delay is caused by bad weather or other conditions beyond their control. Compensation is required by law only if you are "bumped" from a flight that is oversold (discussed below).
Editor's Note: If you are traveling in the European Union, you do have the right to compensation if your flight is canceled or delayed, but only under certain circumstances. If the airline can claim "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken" -- this could include weather, political instability, security issues and other similar situations -- the airline does not have to provide compensation. For more information, visit the European Union's Web site.
Although it is not required by law, many airlines are beginning to use their own programs to inform passengers to the causes for delays in their flights.
• Overbooking/Bumping:
According to the Department of Transportation, overbooking is legal, and most airlines do it. They are, however, required to ask people to volunteer to be bumped. Those who choose to be bumped may receive rewards from the airline, such as vouchers for future travel, a hotel stay or even cash. These must be negotiated on an individual basis with the airline.
If you are bumped involuntarily, the airline must explain your rights in a written document, which will also fill you in on how they decide who does and who doesn't get to stay on an oversold flight. You may keep your ticket and use it on another flight. If you choose to make your own arrangements, you can request an "involuntary refund" for the ticket. You are also entitled to compensation, with a few exceptions; for instance, if the airline arranges alternative transportation that gets you to your destination within one hour of your originally scheduled arrival time, the carrier does not have to compensate you. Similarly, you must meet all check-in deadlines and have a confirmed reservation in order to get compensated for being bumped from an oversold flight. Note that the airline does not have to compensate you if it is forced to fly a smaller plane than originally scheduled. For more information, check out our article on bumping and overbooking.
Delayed/Lost Luggage:
If your bags are delayed, airlines usually agree to pay "reasonable" expenses until the luggage is found. The amount paid is subject to negotiation, and you may have to fight for a decent payment. If your bags are not found you must file a claim, which takes some time to process. It is normal to wait six weeks to three months for reimbursement, although some airlines are much more efficient than others. For bags lost or damaged on flights within the U.S., a liability limit of $3,000 applies. On international trips, the liability limit may vary, as it is governed by various international treaties, including the Montreal and Warsaw Conventions. Check your carrier's Web site for specifics.
Beware of deadlines! If you miss the check-in deadline, the carrier is not responsible for your bag if it is delayed or lost.
If you discover items in your baggage that are damaged or missing, you can visit the TSA Claims Management Office to file a claim.
Conditions of Carriage
Passenger rights vary by airline, and are sometimes referred to as "Conditions of Carriage" or "Contract of Carriage."
The Airlines' Rights
An airline is not necessarily liable if your flight is delayed or canceled. There are some situations, such as inclement weather and "acts of God," which are deemed beyond the carriers' control. In these cases, the airline will usually refund your ticket even if it's a nonrefundable ticket, but won't be responsible for any inconvenience it may have caused you.
The following is a partial list of situations in which an airline may legally deny you boarding or remove you from a flight on which you are confirmed.
- If they must comply with any government regulation of space or request for emergency transportation in connection with national defense or national disasters
- If there is inclement weather or other conditions beyond the airlines' control
- If you refuse to be searched for explosives or concealed weapons
- If you refuse to provide positive identification or don't have proper documentation for travel across international boundaries
- If your conduct is disorderly, abusive or violent, or if you are under the influence of drugs or alcohol
- If you are barefoot or unable to sit in your seat with seat belt fastened
- If you attempt to interfere with any member of the flight crew or if you have a deadly or dangerous weapon
Disabled Passengers
According to the provisions of the DOT and the Air Carrier Access Act, passengers may not be denied boarding on the basis of disability or have to have an attendant or medical documentation except in certain circumstances. Airlines must also provide the following services free of charge:
- Help with getting on and off planes and making connections, whether this requires extra personnel or special equipment (the DOT notes that "some small commuter aircraft may not be accessible to passengers with severe mobility impairments")
- TDD devices in airport terminals and airline reservations centers
- "Timely access" for any visually or hearing-impaired passengers to information on gate assignments, security and other publicly announced information
- Access to the plane's cabin for any necessary service animals (as long as they don't block aisles or escape routes)
- Permission to include wheelchairs as checked baggage without liability waivers (except for pre-existing damage)
More detailed information for disabled passengers can be found on the DOT's Web site.
Got a Complaint?
If you can't resolve your problem or question at the airport and want to file a complaint, call or write the airline's consumer office at its corporate headquarters. Find your airline's contact details here.
The DOT has a Web site set up specifically to deal with consumer complaints. If you want to put your complaint about an airline on record with the DOT, you can call the Federal Aviation Administration at 202-366-2220, available 24 hours a day. Or write:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
400 7th Street, S.W.
Washington, D.C. 20590
airconsumer@dot.gov
You can also try contacting the Federal Aviation Administration (FAA) at 866-TELL-FAA (866-835-5322) or the following address:
Federal Aviation Administration
Consumer Hotline, AOA-20
800 Independence Avenue, SW
Washington, D.C. 20591
Make Your Complaint Count
While traveling, there's always a risk that you will encounter problems beyond your control -- tour operators go out of business, hotel rooms fail to measure up to their star ratings, and airlines leave passengers stranded on the tarmac. But what can you do if this happens to you?
In these situations, it's important to know where you can turn to make a complaint, particularly if the company concerned has failed to resolve a situation to your satisfaction. Read on to see which agencies can help if you have a complaint about your trip -- and what you can do to prevent problems in the first place.
The Air Travel Consumer Report will tell you which airlines have the most delays, lost luggage incidents and consumer complaints.
It is always a good practice to record all travel interactions during your trip: the names of everyone with whom you worked along with where and when the conversations occurred.
When Avoidance Fails
Be sure to state your complaint clearly in writing and include copies of tickets, receipts and any other documentation you have. Make sure to mention what you perceive the resolution to be and try to be as polite and friendly as possible. If you are still unable to resolve your complaint, contact your local or state consumer protection office, or the city, county or state's attorney for additional help.
The Airlines
If you have a complaint about service you received from a particular airline or airline service issues such as lost baggage, ticketing or denied boarding, try going to the source. Start by contacting your airline directly. If this is unsuccessful, contact the Aviation Consumer Protection Division at 202-366-2220 or submit the agency's complaint form.
If you have a complaint regarding discriminatory treatment or disability issues, you'll want to download the specific forms provided for these issues by the Aviation Consumer Protection Division.
Hotels and Car Rentals
If you have a complaint about treatment you received at a hotel or when renting a car, handle it in the same way you would if it were any other business -- call the Better Business Bureau in your area. You can also file a complaint online with them. Your complaint will be forwarded to the appropriate local BBB or to the national office of the Council of Better Business Bureaus for handling. You will receive an e-mail receipt for your records.
You can also contact the United States Tour Operators Association at:
USTOA
275 Madison Ave., Suite 2014
New York, NY 10016
(212)599-6599
information@ustoa.com
Credit Cards
If you purchased airline tickets with your credit card or charged a hotel room or car, always check your bill carefully, particularly when traveling abroad. If you cancel reservations and are promised a full or partial refund, be certain that your account was not billed. If you do see an error on your bill, notify the company in writing within 60 days. They must respond within 30 days to your letter and they then have 90 days to credit your account if there was an error made.
If All Else Fails
Take your complaint to small claims court. You don't need a lawyer and it's much easier than filing a lawsuit. Often, you can take on hotels and even airlines in their operating jurisdiction. Visit your county office of consumer affairs for further information.
Delays
If your bags are delayed, try not to panic. The airline typically has a way to track them, and about 98 percent of all misplaced luggage is returned eventually. If your bags are on the next flight, you could have them within a few hours. If they've been sent to the wrong airport, it could take a couple of days. Make sure you give the attendant a hotel or home phone number and address.
The airlines will typically bring you your luggage when it is found; you will rarely need to return to the airport to pick it up. Additionally, many airlines will reimburse any unexpected expenses caused by the loss or delay. Be careful here -- the airline sometimes has the option to deduct any reimbursement or stipend from any subsequent awards.
Lost Baggage
If the airline loses your bags, make sure you get a written claim for damages. This may require a different form than the original "missing luggage" form. This can be done at the airport or by mail.
On domestic flights, the airline baggage liability is capped at $3,000 per person. On international trips, the liability limit may vary, as it is governed by various international treaties, including the Montreal and Warsaw Conventions. Check your carrier's Web site for specifics. You may need to produce receipts. If you have them, include copies in any documentation you send to the airline. You can purchase "excess valuation" protection if your checked baggage is worth more than these limits.
Stolen Baggage
Head directly to the baggage carousel when you get off your flight. Many airlines scan bags when they're loaded into the baggage claim area and keep records, especially at larger airports. Once you've left the baggage claim area, your claim is no longer with the airline, but with the police.
Damaged Baggage
Once you've gotten your bags off the carousel, immediately check them for damage or for other signs of tampering or mishandling. In the case of damaged baggage, airline customer service will often want to inspect the bag.
You will most likely need to produce a receipt for any repairs, or be required to use airline-sanctioned luggage repair vendors. Ask the baggage claim attendant for specific information. You don't want to find out that you have paid for a repair that it isn't covered.
Time Restrictions and Deadlines
When you file a report, most airlines will give you a claim number and ask that you call or write the airline within 21 to 45 days.
An Ounce of Prevention
- Put your name on the outside and inside of your bags. Even better, put a copy of your itinerary in each checked bag so the airline can locate you.
- The most common causes of lost and delayed bags are late check-ins and tight connections. Avoid both when you can.
- Pack valuables in your carry-on bags. Cameras, computers, medication, wallets, heirlooms, jewelry, passports, as well as confirmation numbers, itineraries, contact information, and other documents necessary to your travel should not be in your checked baggage.
- Itemize. It sounds tedious, but when an airline asks what was in your bag, you don't want to forget anything of value.
- Make sure the person who checks your baggage attaches the correct destination ticket to every bag, and get a claim ticket for each.
- If you're traveling to a different climate, put appropriate clothes in your carry-on.
- Travel insurance is the best guarantee that you'll recoup any losses. See our guide to travel insurance for more information.
If All Else Fails
Be sure to file a complaint immediately. If you still can't get satisfaction, or feel the need to report the airline, write or call:
DOT Aviation Consumer Protection
400 Seventh Street, S.W. #4107
Washington D.C., 20590
(202) 366-4000
Finally, if you're wondering where lost bags go after they die, here's your answer: www.unclaimedbaggage.com