A Draft
Airline Passenger Bill of Rights
A simple creation of fairness
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The United States has
been founded on certain assumptions of inalienable rights
and the concept of fairness.
We need to rediscover our roots, and bring back the
concept of fairness and rights to air travel and how we as
passengers are treated by the airlines.
Part 2 of a 4 part series -
part 1
explains why we need a Passenger Bill of Rights and
part 3
tells you how you can help make sure we get a Bill of Rights
enacted. Part
4 is the electronic petition we need you to sign to show
your support for the Passenger Bill of Rights. |
Air travel is potentially full
of annoyances both small and large, ranging from the overhead
light that doesn't work, killing your ability to read a book on
the long overnight flight, to arriving at the airport and
discovering your flight was cancelled and having the airline
representative say 'we tried to contact you' even though your
cell phone has always been on, in coverage, and with no call
from the airline.
What makes these aggravations
worse is that, at present, we're often completely uncompensated
for them.
We can't stop the airlines from
being airlines, but we can financially punish them for their bad
behavior and hopefully thereby motivate them to adopt a better
standard of service.
The Airline Passenger Bill of
Rights will do exactly that.
What the Passenger Bill of
Rights covers
The Passenger Bill of Rights
achieves multiple objectives. It removes existing airline exemptions from
the usual standards of commercial contracts and fairness, and it
gives passengers compensation when things go wrong.
The Passenger Bill of Rights
applies to all passengers on all airlines, both scheduled and
charter, and applies to all flights, no matter what size the
aircraft, for the sectors of their itinerary where either the
departure or the arrival is with a US airport.
These rights are not
exclusionary and don't prevent passengers from seeking other
recourse that might also be open to them.
Lastly, recognizing that
even with the full force of a Bill of Rights enacted into law,
there may still be times when airlines choose to ignore their
obligations, it makes it simple and easy for passengers to sue
to claim their entitled compensation, and penalizes airlines
that neglect their obligations.
The Passenger Bill of Rights
See also the section on
definitions, below, for definitions of key words and phrases,
and the section on compensation, also below, for the
entitlements you'll earn if your rights are violated.
The following are the
provisions we're proposing be incorporated in an airline
passenger bill of rights. You might have others you'd like
included, or comments about the current inclusions.
Please pass any comments you have back to us so we can adapt
and improve on the present draft.
A right to compensation if
your flight is delayed
If a flight is more than one
hour and less than two hours late arriving at its destination
(see definition of 'late arrival' below) each passenger will
qualify for Level One compensation (see section on compensation
below).
If a flight is more than two
hours late arriving at its destination, each passenger will
qualify for Level Two compensation.
In addition, if a flight is
more than three hours late departing, each passenger will be
offered a Three Hour Delay compensation for each full three
hours of delay.
In addition, if a flight
becomes or is expected to become more than four hours late
departing, the airline will offer to make arrangements to
transport passengers on any other scheduled carrier that can
accommodate them to their destination, in the same or better
class of service, and at no additional cost to the passengers,
regardless of what the extra cost may be to the airline.
In addition, if a flight
becomes or is expected to become more than six hours late, with
at least four of those hours falling between the hours of 11pm
and 6am, each passenger will be offered an Overnight Delay
compensation.
If a flight is 'chronically
delayed' such that, for more than one in every four flights
during the last 28 days, this same flight has been delayed by
more than one hour arriving at its destination, passengers will
be entitled to double the Level One or Level Two compensation
they would otherwise receive.
A right to compensation if
your flight is cancelled
If, at any time subsequent
to a passenger paying in full for their airline ticket, any one
of the flights on their itinerary is cancelled, the airline that
issued (plated) the ticket on which the cancelled flight is part
of must provide timely notification of the cancellation and
offer (at the passenger's choice) either alternate flights on
the same airline(s) as before or on any other airlines that
operate flights closer to the time of the cancelled flights than
the alternate flights operated by the ticketing airline itself.
As an alternative, the
passenger may ask for a refund, either of their complete ticket
if they have not yet commenced their travels, or of those
affected parts of their ticket if their journey has commenced.
In addition to arranging
alternate flights or refunding affected parts of an itinerary,
the airline will also pay Level One compensation to each
passenger.
If the airline did not
provide timely notification, it will also be liable for
compensation as if the flight were delayed, based on larger
difference of either the departure or arrival time of the
replacement flight(s) and the original cancelled flight(s).
If a flight is 'chronically
cancelled' such that, for more than one in every seven flights
during the last 28 days, this same flight has been cancelled,
passengers will be entitled to double the Level One compensation
they would otherwise receive.
In the case of a
cancellation directly related to a declared state or national
disaster or emergency in either the region in which the flight
is scheduled to take off or land, then - if the airline makes a
timely notification to passengers, it will suffer no further
cancellation penalties, but will still remain obliged to rebook
passengers on any available flight or to refund tickets, and to
provide delay compensation in the form of meals and - if
overnight - accommodation as per the provisions of the delay
right.
A right to compensation if you
are denied boarding
Airlines must re-accommodate
passengers holding a confirmed reservation and who have checked
in on time for their flight, who are denied boarding, onto the
first available alternate flight to the passenger's ultimate
destination on that affected part of their itinerary, no matter
which airline this may be with or what the cost to the airline
shall be, and in the same or superior class of service.
In addition, passengers
shall be entitled to compensation based on the delays involved
in completing their travels as per the provisions of the delay
right, except that, no matter how short or long the delay, the
passenger will be entitled to at least Level One compensation if
a coach class passenger, and an unrestricted free ticket for the
same itinerary in the same class if a premium cabin passenger.
A right to compensation if
your luggage is delayed
Any passenger with delayed
luggage shall be entitled to a $100 compensation payment.
If their luggage remains
delayed after 24 hours, they shall be entitled to an extra $50
for each 24 hours or part thereof until such time as their
luggage is returned to them or deemed to be lost.
The airline is responsible
for conveying the delayed luggage to wherever the passenger
currently is once the luggage has been found. If the
passenger is on a cruise ship, the airline shall convey the
luggage to the next port of call where the passenger can then
collect it.
If the passenger lost their
luggage on their final flight back home, their entitlement for
delayed luggage compensation shall be limited to $100.
The airline responsible for
delayed, lost and damaged luggage shall be the airline that
transported the passenger to the place where the passenger
expected to receive their luggage.
A right to compensation if
your luggage is lost
If a passenger's luggage is
lost, they shall be entitled to reimbursement of the fair
replacement value of the piece of luggage and its contents, up
to a maximum of $2800 per person.
The passenger will be
required to make an affidavit subject to penalties of perjury,
listing the contents of their suitcase, item by item, and
showing the fair market replacement value of each item in
sufficient detail as to allow the airline to confirm the
valuation.
No items that were lawfully
packed into the checked piece of luggage shall be excluded from
entitlement to reimbursement, up to the maximum payable.
Reimbursement already paid
to the passenger while the luggage was deemed delayed rather
than lost shall be in addition to the reimbursement now made for
the loss of the luggage.
The airline responsible for
delayed, lost and damaged luggage shall be the airline that
transported the passenger to the place where the passenger
expected to receive their luggage.
A right to compensation if
your luggage was damaged
If a passenger suffers
damage to items that were in their checked luggage, then the
airline shall reimburse them for the cost of repair to a
standard of appearance and/or functionality as if it had not
been damaged at all, or the fair market replacement value of
such items, up to a maximum of $2800 per person for all items
claimed as a result of one leg on an itinerary. The
airline may choose which option it adopts, and if it chooses to
repair, it will be obliged to make loaner comparable items
available if this is reasonable and necessary.
If the item was not
adequately packed and protected, the airline will be exempted
from liability. Adequate packaging shall be that standard
of packaging required variously by the air courier companies and
USPS.
If the suitcase itself was
damaged, the airline shall either repair it or compensate for
the fair market replacement cost of the suitcase, less a
straightline ten year depreciation allowance. The cost of
replacing the suitcase shall comprise part of the maximum $2800
per itinerary leg liability.
If the airline opts to
repair the suitcase, it will be responsible for arranging the
suitcase to be transported to and back from a repair facility.
If the suitcase was damaged other than on the final leg of an
itinerary, the airline must either repair the suitcase prior to
the passenger needing it for their next itinerary leg or agree
to pay for its depreciated replacement value.
The airline responsible for
delayed, lost and damaged luggage shall be the airline that
transported the passenger to the place where the passenger
receive their luggage in a damaged state.
Claims for damage must be
made by the passenger prior to leaving the airport after
collecting the damaged luggage.
A right to not be trapped on a
plane
If more than seventy five
minutes elapse between when the last passenger boards a plane
and when either the plane takes off or it aborts, returns to the
gate, and commences deplaning passengers, and/or if more than
sixty minutes elapse between when the plane touches down and
when the first passenger steps off the plane, all passengers
will be entitled to a Trapped On Board compensation and for an
additional Trapped On Board compensation for each whole thirty
minutes of extra time that this situation continues.
A right to a comfortable
temperature
If a plane is incapable of
and/or is not maintaining a temperature in the passenger cabin
of at least 60 degrees and no more than 85 degrees, it will be
deemed unsafe. Passengers must not be allowed to board a
plane that has a temperature outside this range, and if the
temperate moves outside this range with passengers on board, the
plane must be immediately evacuated and the plane taken out of
service until its climate control system is corrected.
A right to assign a ticket to
someone else
All tickets can be assigned
to anyone else, except that tickets with special discounts
relating to the type of passenger traveling (eg senior,
military, child, government) can only be assigned to other
people meeting the same qualifications.
If a passenger chooses to
assign their ticket to someone else, they will advise the
airline of this any time prior to checking in, and provide such
normal details as the airline may require about the person
replacing them.
Tickets can only be assigned
prior to the first flight being taken, and must be assigned in
full to one alternate passenger.
The airline may choose to
charge a transfer fee, with such fee not to exceed the greater
of 10% of the published fare (excluding taxes and surcharges) or
$25.
Tickets can be repeatedly
reassigned, with the airline levying the same fee each time it
updates its passenger name record.
A right to fly or not fly
Passengers may travel on
any, all, some, or none of the legs of a ticket's itinerary,
including choosing to cancel any sectors of their journey, at
any time, without incurring any penalty or extra cost.
A right to clearly understand
flight details
So as to eliminate confusion
about whether or not a journey involves changes of planes and/or
stops en route, airlines must assign a unique flight number to
every flight comprising a single take off and a single landing.
A right to clearly understand
on-board comfort details
Airlines shall publish on
their websites details about the seats in their different cabin
configurations on their different planes.
This will include such
information as
-
Effective seat width (from
the inside of the left arm rest to the inside of the right
arm rest)
-
Degrees of seat back recline,
being the degrees of movement from fully upright to fully
reclined
-
Pitch as measured from one
point on one seat to the same point on the seat in front
-
Effective net pitch, being
the distance from the front of the seat back half way up one
seat to the back of the seat back, halfway up the seat back
immediately in front
-
Face space, being the
distance from the top of the back of the seat in front, when
fully reclined, extended horizontally to where it meets the
front of the seat back behind.
A right to clearly understand
the cost of a ticket
The most prominently
displayed prices shown in any promotion or fare description must
be the total price, inclusive of all taxes and other surcharges,
so that a passenger can pay exactly this sum and no more to get
the travel as described (subject to availability), booking
through the method implied in the information provided, and
paying by a credit card accepted by the airline or other
advertiser/fare promoter.
Airlines may not add
temporary or permanent surcharges to their tickets, whether it
be for regulatory compliance costs, fuel increases, insurance,
ordinary or special operational costs, or any other thing, but
instead must set a simple inclusive price for the tickets they
sell, with the only exception to this being per passenger or per
ticket taxes levied by the US government or other foreign taxing
authorities.
Airlines may set their
pricing at any level they choose, and vary it at any time they
choose for any reason, including changes in their underlying
costs, but the price they sell their tickets for will be shown
solely as a single price, except only for taxes which may be
shown separately, and in a manner such that the total price
inclusive of taxes is also shown at least as prominently as the
net fare before taxes and so there is no ambiguity as to which
is the fully inclusive fare and which is the fare without taxes.
Any fares shown as one way
will be available for purchase as one way without the need to
purchase any additional flights, and can not be described as
'one way based on roundtrip purchase'.
A right to receive included
products and services
If an airline customarily
provides food or drinks or in-flight entertainment or lounge
access or any other product or service as part of a flight,
including also such things as a properly functioning seat and
overhead light, and allocated seats (in terms of aisle or window
categories) then passengers have a right to receive such things.
If any such item is not
provided as normally, the passenger has a right to compensation.
Any such compensation will be not less than 10% of the ticket
value, and at least $25, and may be such larger amount as is
fair and appropriate. In determining what is fair and
appropriate, it is acceptable to include a penalty factor as
well as a compensating factor, but in no case will the airline's
liability exceed half the fare paid by the passenger for that
sector.
A right to travel in the class
of service booked
Airlines may offer upgrades
to passengers without needing to pay compensation.
If an airline is forced to
downgrade a passenger from the premium cabin they were booked
and confirmed in, they shall refund the passenger in full and
carry the passenger for free on the affected flight.
A right to speedy compensation
Every airline shall operate
a toll free customer service line.
It will publicize the toll
free number in type size the larger of either not less than 7pt
or not more than 4pt smaller than the size of any other phone
numbers and website addresses shown in all promotional
materials.
It will provide sufficient
incoming lines so 99% of callers never receive a busy signal.
It will staff this service
at a suitable level so callers wait no longer, on average, to
speak to a customer service representative than they would wait
to speak to a regular reservationist if calling the regular toll
free number to make a new booking, and in no event may hold
times exceed five minutes.
Airline staff who take these
calls will have sufficient authority to immediately resolve
claims involving sums of less than $1000 per passenger without
the need to seek supervisory approval.
Claims in excess of this
amount must be resolved and the resolution communicated to the
passenger claimant within 48 hours of being received.
If the airline needs extra
information prior to ruling on a claim, it must communicate this
need either at the time of the phone call for amounts less than
$1000 per passenger, or within 48 hours for larger sums, and
must respond with a resolution within 48 hours of receiving the
requested information.
Ticket refunds, both for
partially used and entirely unused tickets, and also for lost
tickets, must be made and funds returned back to the passenger
within fourteen days of the refund request being lodged. A
passenger does not need to submit any paperwork in support of a
passenger refund receipt.
Agreed compensation must be
received by the customer within fourteen days of the airline and
passenger agreeing on the compensation.
If an airline does not meet
these service guidelines, it will pay an extra $100 in
compensation to the passenger for each 24 hours or part thereof
of delay in resolving a dispute, and an extra $100 for each 24
hours or part thereof of delay in the passenger receiving the
compensation agreed to.
Passengers must initiate
claims within 30 days of the completion of their itinerary.
A right to have disputes heard
in a local jurisdiction
In the event a passenger
chooses to bring legal action against an airline to enforce
these rights, the passenger may choose to bring the action in
any competent local, city, county or district court, including,
if the sum is within its limits, a small claims court, that is
located within the general metroplex area of either the airport
from which the flight the complaint relates to departed from or
landed at, or, if the airline offers service to/from the
passenger's home city, within the general metroplex area of that
city, irrespective of where the flight problem occurred.
In any such action, the
burden of proof shall be on the airline to show that it has
conformed to the requirements of this Bill of Rights.
If the court finds for the
passenger, it will be asked to consider whether the airline
acted in bad faith in denying the passenger's claim. If
the court feels the airline did not apply a fair, large, and
liberal interpretation to this Bill of Rights, it will increase
the compensation awarded to the passenger by an amount of not
less than $250 and not more than twice the amount originally
claimed.
Automatic inflation adjustment
The monetary levels of
compensation will increase every twelve months by the amount of
the CPI increase during the past twelve months.
Compensation to be paid from
general airline income
Airlines may not levy any
additional charges to cover their anticipated or actual costs in
meeting passenger claims but will instead fund such payments
from their general income sources, and they are of course free
to set regular ticket prices at any level they wish.
Disclosure of Passenger Rights
Airlines will print these
passenger rights - either in full or in summary, with such
summaries to be clearly marked as summaries - on ticket jackets,
tickets, and boarding passes, and will have prominent signs
referring to the passenger rights at all checkin points and
boarding gates.
Upon request, the airline
will give a complete copy of the Bill of Passenger Rights to any
passenger.
The Passenger Rights will be
prominently linked on airline websites, and referred to in all
promotional materials.
Definitions
Affected Flights on an
Itinerary : A delay or cancellation in a single flight
can conceivably cause a chain of problems throughout the
itinerary. In such a case, an airline is responsible not
only for the single flight with problems but of other affected
flights too.
A flight is deemed to be
affected if either :
-
It can no longer be taken as
originally ticketed due to the incoming/connecting flight no
longer arriving in time
-
Changes/delays to the
incoming flight into a stopover on an itinerary reduce the
passenger's time at the stopover by more than 25%
An airline is only
responsible for other affected flights if the flights are also
on itself (or on a codeshare showing the airline's designator),
or if they were ticketed (plated) by itself.
Cost of parts of an
itinerary : If a passenger becomes entitled to a
refund for one part of an itinerary, and if this one part does
not clearly have a value shown for it on the total ticket cost
calculation, then the cost of this segment shall be deemed to be
an equal pro rata part of the larger part of the ticket that
does show a value and which this segment comprises, based on
what proportion of the total miles it comprises.
Delayed Luggage :
Any piece of checked luggage is
deemed to be delayed if it is not available for pickup in the
usual manner at the usual place within one hour subsequent to
the time the plane the passenger was on stopped at the gate and
its engines were turned off.
The measured period of delay
shall run from that time commencing one hour subsequent to the
time the plane stopped at the gate and its engines turned off until such time as the luggage is returned to the
passenger's then current address.
Flight Cancellation :
A flight is deemed to be cancelled when any of the following
occurs :
-
A flight is rescheduled so
that its departure or arrival time is such as to cause a mis-connect
for an affected flight on the passenger's itinerary
-
A flight is rescheduled and
now has an earlier departure time of at least 20 minutes
which has not been communicated to the passenger
-
A flight is rescheduled, more
than two days prior to day of departure, so that the
passenger's itinerary for that portion of their travel ends
up with more than a two hour change in either departure or
arrival time for itineraries of less than 1000 miles, or
three hours for itineraries of less than 1500 miles, or four
hours for all other itineraries, except that any change in
itinerary for which the passenger does not receive timely
notification will be deemed to be a cancellation
-
A flight is cancelled and no
longer operates with that same flight number and is not
replaced by another flight at the same times but with a
different flight number
Late Arrival :
The lateness of an arrival will be measured as between the
normal scheduled time published by the airline for the flight
and the actual time the first passenger steps out of the
airplane.
Late Departure :
The lateness of a departure will be measured as between the
normal scheduled departure time published by the airline for the
flight and the actual time the plane pushes back from its gate.
Lost Luggage :
Any piece of checked luggage that is delayed for more than seven
days may be deemed lost.
If the airline has
positively identified the delayed item and is merely having
problems returning it to the passenger, it shall remain as
delayed.
The airline and passenger
may mutually agree to change the designation of a piece of
delayed luggage to 'lost' at any time, either before or after
the notional seven day point.
Premium Cabin :
Means passengers who have business or first class type tickets
for the flight in question, but excludes passengers with free
upgrades to these cabins.
Timely Notification :
Timely notification is notification given within one hour of the
event occurring which requires notification, if the event
relates to a flight scheduled to occur within the next 24 hours,
two hours if the flight is scheduled to occur within the next 48
hours, and three hours in all other situations.
If an airline has multiple
phone numbers in its passenger record, it shall attempt to reach
the passenger directly, using all phone numbers, and leaving
messages at each and every phone number if possible, if the
passenger is not able to take the call. If an airline also
has an email or pager or SMS or other means of contact, and if
it can not make direct immediate voice contact, it shall also
send emails and leave messages using these additional methods.
Compensation
The following are minimum
levels of compensation. Airlines and passengers may
mutually agree on alternate compensation, including non-cash
compensation in the form of travel vouchers or free tickets.
Non-cash compensation
If the passenger and airline
agree on non-cash compensation in lieu of cash compensation as
specified below, the airline shall clearly disclose what
restrictions may apply to the non-cash compensation, including
such details as :
-
If a travel voucher for a
stated dollar value to be applied to any future travel
purchases, when are the first and last dates this can be
redeemed, and whether it can be redeemed for travel only in
the name of the compensated passenger, or if it can be
redeemed by other people instead, and if the value of
compensation needs to be redeemed in a single transaction or
in multiple transactions
-
If compensation is in the
form of a free ticket or tickets, what restrictions apply to
these tickets in terms of when are the first and last dates
they can be redeemed, and whether they can be redeemed for
travel only in the name of the compensated passenger, or if
they can be redeemed by other people instead, and what
restrictions apply on advance booking, changes, and
inventory classes allocated. In all cases with free
tickets, they shall not have rules and restrictions placed
on them that are more restrictive than those which apply to
regular three week advance purchase fares (or, if the
airline does not have three week advance purchase fares,
such lesser advance purchase fare as is closest to three
weeks)
Level One Compensation
$50 for flights of less than
750 miles, $100 for flights of between 751 and 1500 miles, and
$150 for flights longer than 1500 miles.
Level Two Compensation
$75 for flights of less than
750 miles, $150 for flights of between 751 and 1500 miles, and
$225 for flights longer than 1500 miles.
Three Hour Delay Compensation
A meal voucher and a prepaid
phone card good for at least five minutes calling anywhere in
the US
Overnight Delay Compensation
Coach class passengers
traveling alone will be given a single room with private
facilities at a nearby hotel of at least 'superior tourist
class' standard, or, at their request, they may share a twin or
double room with any other traveling companion.
Coach class family members
traveling together will be given a twin or double room per two
passengers at a nearby hotel of at least 'superior tourist
class'.
Premium cabin passengers
traveling alone will be given a single room with private
facilities at a nearby hotel of at least 'first class' standard,
or, at their request, they may share such twin or double room
with any other traveling companion, no matter what the class of
service their companion was booked in.
Premium cabin family members
traveling together will be given a twin or double room per two
passengers at a nearby hotel of at least 'first class', just so
long as one of the family group has a premium cabin ticket.
All passengers will also be
given roundtrip transfers between the airport and the hotel.
Passengers living in the
nearby region may, upon agreement with the airline, accept cash
compensation in lieu of the hotel accommodation and transfers.
Trapped On Board Compensation
$50 per passenger
Enforcement of the Passenger
Bill of Rights
Most enforcement can be done
by passengers filing small claims against the airlines for
violations of their rights.
In addition, the FAA should
make compliance with the Bill of Rights part of the
certification process for all airlines licensed to operate in
the US, just the same as they require maintenance and other
aspects of the airline's operation to meet specified standards.
Drafting Note
This is currently draft
version 2.1. This document may be revised based on
your
suggestions and feedback.
Read more in Parts 1, 3 and 4
In
Part 1 we outline
the present problems and why it is we now need an Airline
Passenger Bill of Rights.
Part 3 we
tell you how you can help get this Bill of Rights passed, and
part 4 is the
Electronic Petition we need you to sign and support.
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Originally published
25 Feb 2005, last update
20 Jul 2020
You may freely reproduce or distribute this article for noncommercial purposes as long as you give credit to me as original writer.
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