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The Air Travel Rights You Aren't Aware of (and How to Get Them)


If you've ever sat in a plane on the tarmac only to have the flight cancelled, been bumped just before boarding, or landed at your destination only to be told your luggage will arrive sometime in the next 12 hours, you know how air travel can suck. In all of those cases, the airline owes you for your trouble. Sometimes it's good customer service, and other times it's the law. Here are some of the legal rights you may not know you have, and how to go about filing your claims or getting what's due to you if you've been wronged.

Know Your Rights Before You Book Your Flight

Being prepared for what might happen starts before you even get to the airport. We've discussed the airline passenger's bill of rights and your basic rights when flying before, but you may not know that your rights begin before you even buy your ticket.

You Have the Right to Lock In Your Fare In Advance, Without Paying

For example, most people don't know that you have the right to book airfare and then lock in the price you see for 24 hours without payment. As long as you're booking directly through the airline (third party travel booking services don't necessarily have to abide by this rule), you can see a price you want and lock it in while you decide whether or not you want to take it. In a time where our minds are trained to assume prices change by the minute, it's a benefit few people take advantage of, and all you have to do is call your airline to get the price locked in and reserved, without being charged for it. Here are some more tips to lock in your fare in advance.

You Have the Right to Cash for Bumped Flights and Delayed Luggage

Similarly, if you're bumped from a flight involuntarily, or you arrive at your destination and your luggage is delayed, you're entitled to cash, not vouchers or a discount on a future flight. The US Department of Transportation says:

Airlines will now be required to refund any fee for carrying a bag if the bag is lost. Airlines will also be required to apply the same baggage allowances and fees for all segments of a trip, including segments with interline and code share partners. Airlines are already required to compensate passengers for reasonable expenses for loss, damage or delay in the carriage of passenger baggage.

Those "reasonable expenses," according to Airfare Watchdog, are up to $3,300 for domestic flights, and $1,500 for international flights, depending on the duration of the delay and the value of your luggage.

There are similar rules for when you've been bumped from a flight, or your flight has been unexpectedly canceled. For example, the DOT says that airlines owe you cash for bumping you from an overbooked, too-full flight:

Under the new rule, bumped passengers subject to short delays will receive compensation equal to double the price of their tickets up to $650, while those subject to longer delays would receive payments of four times the value of their tickets, up to $1,300. Inflation adjustments will be made to those compensation limits every two years.

In this case, "short delays" are 1-2 hours later than your scheduled arrival for domestic flights, and 1-4 hours for international flights. "Longer delays" are more than two hours for domestic flights and more than four for international flights. For outright cancellations, the airline owes you a full refund, even on non-refundable flights, if you choose not to fly at all. We also have some tips for handling canceled flights.

The catch here is that most airlines will try to give you a travel voucher, or a discount on a future ticket, or try to smooth things over with a future upgrade or some frequent flier miles instead of giving you cash. If that's what you want, then take it—most airlines will at least try to get you on another flight or even another airline if there's been an all-out cancellation—but keep in mind that you do have the right to ask for cash back instead.

When the Department of Transportation expanded passenger rights in 2011, they added a number of additional protections for the flying public, like rules for how airlines have to handly tarmac delays, and how long an airline can keep passengers in an airplane during a delayed flight before allowing them to deboard the plane or return to the gate. The DOT Fly-Rights guide explains all of those rights (and your responsibilities), and you'll be better prepared for whatever you might encounter at the airport if you study up on them before you plan your travel.

How to Complain or Get What an Airline Owes You

Knowing your rights is one thing, getting an airline to honor them is another. If your flight has been canceled or you've been bumped and you're trying to get a cash from a gate agent who's only interested in giving you a voucher, you do have options. Here are a few:

  • Be courteous and clear about what you want. We've explained that being succinct and courteous is the way to get your complaint resolved quickly. In some ways, it's even more important with air travel that you keep your cool and be clear about what you want. Avoid demands, and focus on solutions, not ultiumatums or meaningless threats. Don't be a jerk: saying "I'll never fly this airline again!" is probably the most empty, meaningless threat you can issue, as anyone who's ever worked retail can tell you. A gate agent couldn't care less whether you'll ever fly with them again—they just want to settle your issue so you go away. Make it easy for them and come to the desk with a solution in mind. While it's true that gate agents and supervisors are there to make sure you get to your destination, if your flight has been cancelled or is overbooked, they're probably dealing with a dozen people just like you. Being rude and aggressive will get you nowhere, except at the back of the line or sulking while you wait for another flight.

  • Call the airline's customer service line...from the terminal. If you're not getting what you want from gate staff, or they've vanished shortly after canceling your flight, pull out your cell phone and call the airline's customer service hotline. They can help the same way the gate agents can, and they may be less stressed or pressured to help since they don't have to deal with a dozen angry passengers who all got bumped from the same flight. Again, keep your cool and focus on what you'd like to get out of the complaint to get the best results.

  • Take it to social media. If you're stuck for a while and your issue still hasn't been resolved to your liking, you can always take the issue up with the airline on Twitter or Facebook. We've explained the best way to do this before, but a couple of pointers: Make sure the company's Twitter or Facebook account isn't just a broadcast medium, and you actually see them replying to customers. Also, send them an @-reply or a message before you start blasting their page with public complaints or mentions—you may be able to get your issue resolved quickly, quietly, and to your satisfaction if you do. If you don't hear back, then public mentions and wall posts are in order.

  • Use the Department of Transportation's airline contact list. The US Department of Transportation maintains a list of consumer contacts at most major domestic carriers (Word document) complete with phone numbers and mailing addresses. Obviously this list is for bigger complaints, but it may still come in handy if you just can't get what you need through other means, or if customer service agents just aren't willing (or are unable to) help you out.

  • File a complaint with the FAA. The FAA's Aviation Consumer Protection Division accepts consumer complaints about airlines 24-hours a day on their hotline, and will even return your call during business hours to collect more information or help you address the issue. They also have a mailing address if you want to file a written complaint, and a web form if you have to get it out of your system now. If you have a different kind of complaint, like a safety, security, disability, or discrimination issue to file this guide from Consumer Reports will help you get in touch with the right people.

  • Be diligent and insist on a resolution. Finally, the one big thing you absolutely have to do is follow up and insist on the resolution you want to see. Too often I hear from people who want to be able to file a single form or make a single phone call to get what they want. It's not that easy. Just like with any consumer complaint, you need to follow up, talk to multiple people, document your case, and make sure you get what you deserve—not just what the airline is willing to give you to get you off the phone. If it were easy to claim cash instead of a voucher or get a refund on a canceled flight, everyone would do it.

That last point is the most critical. You'll never get most of these benefits unless you actually ask for them, and sometimes you have to ask multiple times or multiple people. Depending on your trip and how much time you have to sort it out, you may have to decide whether it's worth your time and energy to follow up, or just take what you can get and move on. Still, the options are out there. Airlines will often gloss over passenger rights and try to give you what works best for them, not necessarily for you, and your best defense is to know your rights and to be willing to exercise them when you have to.

Photos by Brian A Jackson (Shutterstock), El Pocho la pantera and Beatrice Murch.