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Air Travel Rule #1: Expect the Unexpected

What you need to know to avoid travel meltdown

By David Wood
ConsumerAffairs.com

December 4, 2007

The epidemic of lost bags is the tip of the iceberg. Flight delays, cancelled flights, overbooking and an assortment of other annoyances are common.

Keeping your cool is only part of the equation. You must also be educated about your rights and the laws and regulations that govern airlines.

For instance, it’s no secret that airlines routinely overbook flights in anticipation of passengers not showing up, and there is nothing illegal about that. Part of the traveling life is the chance of being bumped, and minors are not exempt.

“My 10-year-old daughter was traveling with her godparents,” said Julie, of Gorham, New Hampshire. “Upon returning from Florida, they had a small layover in Newark. When they went to check in with their flight, they were informed that my 10-year-old had been bumped from the flight. Is there a law against bumping minors off planes?”

“There is no law that says an airline can’t bump a minor,” said Bill Mosley, spokesman for the U.S. Department of Transportation (DOT). “It’s up to each individual carrier to determine how they handle the situation.”

While an airline can make its own rules about who gets bumped, there are rules that apply to the issue of what happens if you are bumped.

When the flight has been oversold, the DOT requires the carrier to ask for volunteers who don’t mind being left behind. Those volunteers will be compensated, although the DOT leaves it up to each carrier as to what is classified as “compensation.”

Involuntary bumping

Being bumped against your will is another story. The carrier must provide you a written statement of your rights and you’re typically given compensation right then and there.

The compensation is, in effect, a payment for your trouble. And you won’t have to worry about your original ticket because you get to keep it and use it on another flight. You can also ask for an "involuntary refund" for the ticket if you choose to make your own flying arrangements.

However, there are instances where you can be bumped against your will and end up with no compensation at all.

For instance, you won’t be compensated if the carrier arranges other transportation that will get you to your final destination within one-hour of your original arrival time.

If the airline must use a smaller plane in place of the one it originally planned to use, there is no law that requires the carrier to pay you. Additionally, they don’t have to compensate you if the plane holds 60 or fewer passengers or if it’s a charter flight.

If you’re entitled to compensation from a forced bumping, what kind of money are we talking?

According to the DOT, “If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to your one-way fare to your final destination, with a $200 maximum.”

Furthermore, the DOT says, “If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (200% of your fare, $400 maximum).”

Keep in mind that this applies only if you are bumped because a flight has been oversold. There is no law that requires the airline to buy you a meal, a hotel room, or pay you a cent if your flight is delayed or cancelled by weather, mechanical problems, crew shortages or other common mishaps.

Banjo baggage

Ideally, you won’t be bumped and your flight will go as planned. Part of that plan is arriving at your destination with your baggage intact.

But as we all know, life doesn’t always go as planned.

Timothy, of Hagerstown, Maryland, told ConsumerAffairs.com that American Airlines damaged his prized banjo and refused to do anything about it.

“My connecting flight was cancelled and I had to take another flight the next morning. I had my 33-year-old banjo with me which had numerous ‘fragile’ stickers on the hard shell case,” Tim said.

“I decided to play my banjo a few days after I got home and that’s when I was shocked to see that the banjo neck was busted. I hadn’t noticed it before because the outside of the case had bounced back into place, but the inside of the case was damaged,” Tim fumed.

Although American Airlines admitted that it was quite all right to check a musical instrument carried in a hard shell case, AA refused to repair the banjo.

“They said that because I had waited more than 24 hours to report the damage, they weren’t responsible,” said Tim. “I didn’t take the time to open the case before leaving the airport because I was already a day late because of their cancelled flight. Their baggage handlers cost me $500.00!”

Tim’s experience is far from unique and every carrier will handle the situation differently. Typically, an airline will pay for repairs if your luggage is damaged. However, as Tim found out, you have to report the damage within a specified time limit or your claim will be denied.

In Tim’s case, American Airlines might have still refused his claim because just as with most carriers, the “Contract of Carriage” said that a packed item might not be covered if the external covering shows no signs of damage.

Y-UP, Y-UP and Away

Another part of flying can be the cramped seats located in the coach department of the plane. Most of us don’t have the opportunity to fly first class. Sure, it’s better seating, faster boarding and unloading, and possibly better treatment, but not everyone can afford those luxuries.

However, what if the first-class ticket was 50% cheaper than normal or even cheaper than a coach fare? It’s possible with an “UP” fare.

“UP fares are deeply discounted first-class tickets available for travel within or between the United States and Canada,” said Rick Seaney, CEO of FareCompare.com.

“Y-Up fares are driven by competition in certain markets, so don’t be upset if the price isn’t what you expect for the places you want to go. Consumers need to search for first-class fares because many carriers won’t list UP fares in the coach listings,” he said.

UP fares are typically fully refundable and although they won’t be available everywhere, there are generally over 100,000 UP fares nationwide. Along with the letter “Y”, some carriers will also use K, M, Q, or Z.

Vegged out

We can make fun of airline food all we want, but airlines are getting the last laugh by eliminating food on many flights. When meals are served, they often look and taste as thought they'd been prepared in Pittsburgh a few days prior to wheels-up.

Airlines also increasingly take a devil-may-care approach to requests for special meals.

Shivakumar, of Bettendorf, Iowa, complained that American Airlines wouldn’t accommodate his wife’s request for a vegetarian meal on a 12-hour flight.

“I called the American Airline reservations and requested a vegetarian meal for my wife. I was told that there are no special meals. Is this true?”

Mosley, of the U.S. Department of Transportation, said that airlines might accommodate a special meal request, but not because they have to.

“In reality, there is no law that requires an airline to give you a peanut, even on a long flight. Just as with how an airline handles the decision on bumping a minor, serving food and what they serve is up to the carrier.”

The only way to know your rights in detail is to read the Contract of Carriage. If there are problems down the road, it won’t matter what anyone told you verbally. The only thing the airlines will live by is their Contract of Carriage.

This contract spells out your rights and the carrier’s obligations, including their responsibilities concerning bumping, cancelled flights, meals, and lost or damaged baggage.

Many airline employees don’t know the details of the contract, and if you've ever tried to read one you'll know why. So your best protection is to print a copy and take it with you on your trip.

Contracts of Carriage

You can find contracts on the airline's official site. Here are a few:

• Airtran Airways
• Alaska Airlines
• Aloha Airlines
• American Airlines
• Continental Airlines
• Delta Air Lines
• Frontier Airlines
• JetBlue Airways
• Northwest Airlines
• Southwest Airlines
• Spirit Airlines
• United Airlines
• US Airways

Where to complain

Of course, no matter how educated and prepared you are, things can still go wrong. When they do, you can complain to the airline, which is likely to get you nothing much at all in the way of a response, let alone a resolution.

You can also complain to the U.S. Department of Transportation, which keeps track of complaints and issues reports to the press, Congress and the airline industry. There is an online form on the agency's Web site.

You can also complain to ConsumerAffairs.com and other online sites, call your local television consumer reporter and write to your local newspaper. If you have been severely injured as a result of airline negligence, you should hire the best trial lawyer you can find.

Having said all that, the world's most experienced road warriors will tell you to expect problems, allow extra time, travel light and be prepared to spend long hours practicing your yoga on the airport floor. Nobody said getting from Point A to Point B would be easy.

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