New Airline
Passenger Rights
Some good new provisions to help us in
our battles with the airlines
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The growth of airline
passenger rights is slow but steady.
The DoT's latest regulations add considerably to our rights.
Part
of a series on being bumped from flights, see the other
articles in this series listed on the right. |
Although described by the
airlines variously as unnecessary, too expensive to implement,
impractical, anti-competitive, and inappropriate interference in
their (the airlines) business (see
our page full of
amazing airline quotes), the DoT stuck to its guns.
The net result are some mild
extensions of our rights as passengers, and most significantly the
extension of these rights to cover us when we are flying on
foreign carriers operating flights to/from the US as well.
While far from a complete
prescription for relief from airline tyranny, these new
regulations greatly improve things for us when things go wrong
with our flights.
The DoT's April 2011 Ruling
On 20 April 2011 the US
Department of Transportation published new consumer protection
regulations that apply to both US and foreign carriers operating
flights within, to or from the US.
Most of the provisions will
apply starting 120 days from the publication of the DoT's
announcement; a few of the provisions related to how airfares are
advertised will not come into effect until 180 days after the
publication.
The exact wording of the new
regulations can be seen towards the end of
this
pdf document (ie from about page 183). But to quickly
update you on the changes that have been instituted, here is an
explanation, largely from the DoT itself, of the key points.
Tarmac
Delay Contingency Plans
• Requires foreign air
carriers operating to or from the US with at least one aircraft
with 30 or more passenger seats to adopt and adhere to tarmac
delay contingency plans.
• Requires U.S. and foreign
air carriers to not permit an international flight to remain on
the tarmac at a US airport for more than four hours without
allowing passengers to deplane; subject to safety, security, and
ATC exceptions (sounds like some major loopholes there!).
There is a three hour limit on domestic flight delays already.
• Expands the airports at
which airlines must adhere to the contingency plan terms to
include small hub and non-hub airports, including diversion
airports.
• Requires US and foreign
carriers to coordinate their plans with Customs and Border
Protection (CBP) and the Transportation Security Administration
(TSA) - hopefully this might reduce the number of times passengers
are stuck on planes due to on officials being available to allow
them out of the plane and into an airport.
• Requires notifications to
passengers regarding the status of delays every 30 minutes while
aircraft is delayed, including the reasons for the delay if known.
• Requires notification of any
opportunity to deplane from an aircraft that is at the gate or
another disembarkation area with its door open if the opportunity
to deplane actually exists.
Tarmac
Delay Data
• Requires all carriers that
must adopt tarmac delay contingency plans to file data with the
Department regarding lengthy tarmac delays.
Customer Service Plans
• Requires foreign air
carriers that operate scheduled passenger service to and from the
US with at least one aircraft with 30 or more passenger seats to
adopt, follow and audit customer service plans.
• Establishes standards for
the subjects US and foreign air carriers must cover in customer
service plans. Examples include :
• delivering baggage on time,
including reimbursing passengers for any fee charged to transport
a bag if the bag is lost;
• where ticket refunds are
due, providing prompt refunds including refund of optional fees
charged to a passenger for services that the passenger was unable
to use due to an oversale situation or flight cancellation; and
• allowing reservations to be
held at the quoted fare without payment, or cancelled without
penalty, for at least twenty-four hours after the reservation is
made if the reservation is made one week or more prior to a
flight’s departure date .
Posting of Customer Service Plans and Tarmac Delay Contingency
Plans
• Requires foreign carriers to
post their required contingency plans, customer service plans, and
contracts of carriage on their websites as is already required of
US carriers.
Response to Consumer Problems
• Expands the pool of carriers
that must respond to consumer problems to include foreign air
carriers operating scheduled passenger service to and from the US
with at least one aircraft with 30 or more passenger seats (i.e.,
monitor the effects of irregular flight operations on consumers;
inform consumers how to file a complaint with the carrier, and
provide substantives responses to consumer complaints within 60
days).
Oversales
• Increases the minimum denied
boarding compensation limits to $650/$1,300 or 200%/400% of the
one-way fare, whichever is smaller.
• Implements an automatic
inflation adjuster for minimum DBC limits every 2 years.
• Clarifies that DBC must also
be offered to “zero fare ticket” holders (e.g., holders of
frequent flyer award tickets) who are involuntarily bumped.
• Requires that a carrier
verbally offer cash/check DBC if the carrier verbally offers a
travel voucher as DBC to passengers who are involuntarily bumped.
• Requires that a carrier
inform passengers solicited to volunteer for denied boarding about
all material restrictions on the use of transportation vouchers
offered in lieu of cash.
Full
Fare Advertising
• Enforces the full fare
advertising rule as written (ie, ads which state a price must
state the full price to be paid). Until now, carriers could
exclude government taxes/fees imposed on a per-passenger basis (ie
the typical line 'taxes and fees extra').
• Clarifies the rule’s
applicability to ticket agents.
• Prohibits carriers and
ticket agents from advertising fares that are not the full fare
and impose stringent notice requirements in connection with the
advertisement of “each-way” fares available for purchase only on a
roundtrip basis.
• Prohibits opt-out provisions
in ads for air transportation.
Baggage and Other Fees and Related Code-Share Issues
• Requires US and foreign air
carriers to disclose changes in bag fees/allowances on their
homepage for three months, to include information regarding the
free baggage allowance.
• Requires carriers (US and
foreign) and ticket agents to include on e-ticket confirmations
information about the free baggage allowance and applicable fees
for the first and second checked bag and carry-on; but allows
ticket agents, unlike carriers, to do so through a hyperlink.
• Requires carriers (US and
foreign) and ticket agents to inform passengers on the first
screen on which the ticket agent or carrier offers a fare
quotation for a specific itinerary selected by a consumer that
additional airline fees for baggage may apply and where consumers
can go to see these baggage fees.
• Requires US and foreign air
carriers to disclose all fees for optional services to consumers
through a prominent link on their homepage.
• Requires that the same
baggage allowances and fees apply throughout a passenger’s journey
(on the one ticket).
• Requires the marketing
carrier to disclose on its website any difference between its
optional services and fees and those of the carrier operating the
flight (in the case of code-share flights). Disclosure may
be made through a hyperlink to the operating carriers’ websites
that detail the operating carriers’ fees for optional services, or
to a page on its website that lists the differences in policies
among code-share partners.
Post-Purchase Price Increases
• Bans the practice of
post-purchase price increases in air transportation or air tours
unless the increase is due to an increase in government-imposed
taxes or fees and only if the passenger was provided full
disclosure of the potential for the increase and affirmatively
agreed to the potential for such an increase prior to purchase.
Flight
Status Changes
• Requires US and foreign air
carriers operating scheduled passenger service with any aircraft
with 30 or more seats to promptly notify consumers through
whatever means is available to the carrier for passengers who
subscribe to the carrier’s flight status notification services, in
the boarding gate area, on a carrier’s telephone reservation
system and on its website; of delays of 30 minutes or more,
cancellations and diversions within 30 minutes of the carrier
becoming aware of a change in the status of a flight.
Choice-of-Forum Provisions
• Prohibits U.S. and foreign
air carriers from limiting a passenger’s forum to pursue
litigation to a particular inconvenient venue
Related Articles, etc
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Originally published
27 Apr 2011, last update
30 May 2021
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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