Real change means making these amenities part of the contracts of carriage. Now, amenities for canceled flights may include meals and hotel overnights.

Unfortunately, these amenities are being added to the airlines’ customer service plans but not to airlines’ contracts of carriage (except Delta Air Lines). Nothing is legally promised. In the past, the Department of Transportation (DOT) claimed that it did not have permission from Congress to jawbone airlines to change their policies.
Airlines take the first steps to treating passengers like human beings when flights are canceled.

The DOT must insist that these new customer service agreements be made an enforceable part of the contract of carriage. Otherwise, they are merely a public relations ploy. This shifting of the customer service plans to the contract of carriage is a long-time goal of Travelers United. Delta Air Lines is the only major carrier that includes these flight cancellation provisions in its contract of carriage. All other airlines present this as part of their “customer service plan.”
Of course, airlines have lots of wiggle room before handing out amenities.
Any “force majeure” beyond the airlines’ control does not trigger these amenities. Only problems under airline control bring these amenities into effect. Many of those with understaffed airline flight crews and airport personnel have been guilty of such behavior. Additionally, the passenger must request assistance. But, the clarifications and new presentation are welcome as a step in the right direction.
New passenger amenities may be coming.
Note that this Customer Service Plan has significant flexibility. This is not a legal obligation. It is not part of the contract of carriage. There are many phrases such as “available” and “you can ask.” “We’ll get you on the next flight we have with available seats in the same cabin you’re traveling in at no additional cost.” Until this confusion is sorted out between the airlines and Congress the tie-up in the regulations can go to the passenger.
These amenities are part of the customer service plan, not the legal contract of carriage.
Note the undefined term “significant delay.” Also, note that these amenities begin with flight cancellation. There is no amount listed for meal vouchers, and that hotel promises include “reasonable” hotel costs and transportation costs.
Here are American Airlines’ rules for dealing with a non-refundable ticket. Most non-refundable fare rules follow this same wording.
We don’t refund cash for non-refundable tickets. However, we may refund a non-refundable ticket if:
- You cancel within 24 hours from the time you first buy your ticket, and bought your ticket at least 2 days before departure
- There is a schedule change of 3 or more hours (domestic) or 4 or more hours (international) and you decide not to travel
- There is a schedule change of 90 minutes or more within 72 hours of your scheduled departure time and you decide not to travel
- There is death of the passenger / traveling companion
- Military orders / change in duty
U.S. Department of Transportation (DOT) rules allow you to get a refund if your flight is significantly disrupted and you decline our rebooking offers, even if you bought a non-refundable ticket.
Significant flight changes and cancellations
Refunds will be made to the original form of payment. Supporting documents may be required.
If you purchased your ticket through a travel agency or another booking source, contact them to request a refund.
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Charlie Leocha is the President of Travelers United. He has been working in Washington, DC, for the past 14 years with Congress, the Department of Transportation, and industry stakeholders on travel issues. He was the first consumer representative to the Advisory Committee for Aviation Consumer Protections appointed by the Secretary of Transportation from 2012 through 2018.