Where are the US rules for flight delays? Canada and the EU have them
Worldwide rules and regulations deal with airline flight delays in different ways. The European Union (EU) has strict rules and Canada just instituted airline flight delay rules. However, the US has started the processes to begin the bureaucratic path to instituting any such rules. But the Trump Administration has squashed the consumer-friendly effort.
Is DOT required to inform passengers of their Montreal Convention rights?
Getting the DOT to explain the international laws involved with the Montreal Convention is important. DOT is the full judge and jury when it comes to aviation matters until they rise to the federal level. And, bringing a court case at the federal levels becomes very expensive and burdensome for the normal American passenger. DOT should at least make the treaty provisions clear to Americans.
DOT contends, first, that airlines cite the literal disclosure language of the Montreal Convention in their contracts of carriage. They must repeat the same language in notices on tickets and at ticket counters. However, most of today’s home-generated tickets don’t require these notificatins. Those tickets and boarding passes do not include any of the Montreal Convention notifications.
READ ALSO: Are airlines misleading passengers on flight delays and baggage loss?
US airline passengers do not know their EU rights or how to file a claim
When surveyed, only one in four U.S. air passengers think they meet the eligibility to receive up to $700 in compensation. Plus, less than 25 percent of those on a disrupted flight actually filed a claim based on airline flight delay rules.
Clearly, air passenger rights regulation EC rule 261, an old law, is not widely understood in the US. This rule also covers U.S. citizens traveling to and from Europe. Billions of dollars in airline compensation are never claimed by passengers.
According to this survey, the three main reasons passengers did not file for compensation were:
— Passengers are not aware of their rights (63 percent);
— they did not think that they were eligible for compensation (47 percent);
— they did not know how to file a claim (42 percent).
ALSO ON TRAVELERS UNITED BLOG: How to get more than $700 in flight-delay compensation
Flight disruptions: Passengers’ rights under EU rule 261
For delayed or canceled flights, and in instances of denied boarding, passengers may be entitled to financial compensation. This compensation adds up to as much as $700 per person for transatlantic flights. The conditions for this stipulate that the departure airport must be within the EU. Or, the airline carrier must be landing in the EU and headquartered in the EU. Compensation may be claimed within three years of the disrupted flight.
The reason for the disruption must be caused by the airline. Situations deemed as ‘extraordinary circumstances,’ such as unannounced strikes, storms, or medical emergencies, exempts the operating airline from the obligation to compensate passengers. In other words, “extraordinary circumstances” do not qualify for delayed-flight compensation.
Canada instituted flight-delay rules
The Canadian Transportation Agency issued new rules for aviation consumer protection two summers ago. These rules mirror the US rules in terms of lost/damaged/delayed checked baggage. However, the top compensation for a lost check-bag is C$2,100. The denied boarding compensation in Canada ranges from C$900 to C$2,400.
Only the US provides no compensation for flight delays when airlines do not adhere to their published schedules
Travelers United is working with the DOT to try and get a change to the current rules. DOT under the past two administrations displays no interest in changing the rules. So, don’t expect much, especially from the current administration.
NOTE: Today is the anniversary of the 1978 Airline Deregulation Bill.
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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.
