There are only a few times that travelers win in the airline passenger rights world against airlines.
There are only a handful of times that passengers get compensation or are allowed to change their plans without signficant penalties. Though airlines complain bitterly that they are overregulated, in reality, airlines are barely regulated regarding airline passenger rights.
Newspaper headlines are screaming that passenger-announced rights are back. When airlines are late and connections lost, passengers bear the delays. They are expected to keep a stiff upper lip. When bad weather disrupts schedules, passengers are left stranded.
Here are the basic airline passenger rules of the road regarding compensation from airlines. Travelers United was at the forefront, working closely with the Department of Transportation (DOT) as the most recent customer service changes were mandated and adjusted for inflation.
Note: These compensation levels differ between US domestic flights and international flights.
Passengers are on their own for airline rights.
According to U.S. Senator Richard Blumenthal (D-CT), passengers are on their own with airline passenger rights. He wants travelers to know their basic travel rights because airlines often do not follow consumer protection laws when they owe passengers compensation. Finally, after more than a decade of work, consumers have been promised posters that let them know their limited rights. Of course, the legislation says that the rules for the posters don’t have to be written for a year, Good luck with that. We are still waiting.
“Consumers who fail to know their rights cannot rely on airlines to remind them. For the airlines, ignorance is bliss — a profitable one. Whether it’s lost luggage, delayed flights or re-booking fees, laws are in place to protect passengers from anti-consumer practices. I want to hear from travelers this holiday season whenever they are confronted with surprise charges, unreasonable delays, lost luggage or other travel headaches. Passengers may be entitled to refunds and payments,” Blumenthal said.
1. $4,700 for lost, late, significantly delayed, or damaged checked luggage
As recently as the turn of the century, passengers were compensated only about $500 when luggage was lost, damaged, or delayed. Today, compensation is set at $4,700 per passenger for domestic flights whenever baggage is lost, delayed, or damaged. That compensation automatically increases with the cost of living. Additionally, when luggage is lost, any checked baggage fees will be refunded.
When is a checked bag considered “lost?”
Airlines may have different policies to determine when a bag is officially lost. Most airlines will declare a bag lost between five and 14 days after the flight, though this can vary by airline.
If an airline unreasonably refuses to consider a bag lost after it has been missing for an excessive period of time, the airline could be subject to enforcement action by the DOT.
When is a checked bag considered “significantly delayed according to DOT?”
- For domestic flights, a bag is considered to have been “significantly delayed” if the bag is not delivered within 12 hours after your flight has arrived;
- For international flights (a flight between a U.S. airport and a foreign airport), a bag is considered to have been significantly delayed if the bag is not delivered:
- within 15 hours after your flight has arrived if your flight is 12 hours or less in duration, and
- within 30 hours if your flight is longer than 12 hours.
Bumping is a fact of life for airline travelers. The DOT recently raised the denied boarding compensation. It now stands at $2,150 for passengers delayed by two or more hours and $1,075 for those delayed between one and two hours. Again, this compensation is adjusted every other year for inflation.
3. Euros 600 for delays of more than 6 hours from the European Union and to the European Union on European carriers
This right is a gift from the European Union. It only applies to transatlantic flights to or from Europe. Other rules hold for flights within Europe. All passengers have this right of compensation on any flight returning from Europe. For flights from the US to Europe, only those operated by EU carriers have this protection. Ed Perkins, writing in USA Today, outlines cancellation reimbursements.
The European Union mandates more extensive traveler benefits in a cancellation than U.S. lines promise in their contracts. Travelers on flights within the European Union, on flights departing from any EU/EEA airport, or on flights to an EU/EEA airport on an airline based in the EU are entitled to:
• Alternative transport, including transport on other lines. or refund, including full refund and no-charge return to origin, where appropriate.
• Except in cases of cancellation due to extraordinary conditions, financial compensation if a replacement seat delays you by three hours or more means you get a refund, ranging from €350 to €600, depending on flight length (most flights to/from the U.S. and Canada fall into the top category).
4. $1,700 for international delays (Montreal Convention)
There are more rights for all passengers when faced with delays under the Montreal Convention. However, those rights must normally be litigated based on provable damages. This means that making a large claim based on delay might be reserved for missing a cruise or major organized tour. But it is nice to know that when flying internationally, almost anywhere, you are covered by the Montreal Convention rules.
DOT writes about the international lost luggage rules in a vague way —
For most INTERNATIONAL flights, a treaty called the Montreal Convention applies to the carriage of baggage. The maximum baggage liability for flights covered by the Montreal Convention is currently 1,288 Special Drawing Rights (approximately $1,700.00 US) per passenger. This is the most that airlines must pay a passenger for a lost, damaged, or delayed bag. Airlines are free to pay more than the limit, but are not required to do so.
The Montreal Convention’s international baggage liability limit is reviewed for inflationary adjustment every five years by the International Civil Aviation Organization (ICAO).
In the few situations when the Montreal Convention does not apply to travel to and from the United States, an older treaty called the “Warsaw Convention” may apply.
5. Full refund when a flight is canceled
If a flight is canceled, all passengers have the right to a full refund. This may work in favor of some passengers and against others. It is not a government-mandated benefit but part of the contract of carriage. Canceling a flight booked weeks in advance of travel and trying to pay for a last-minute ticket is usually a losing proposition unless departing on that specific day is necessary.
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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.
