Beginning May 7, 2025, the Transportation Security Administration (TSA) will ask for a state-issued REAL ID-compliant license or identification card to fly within the United States. If you do not have a REAL ID, please be ready to present another form of acceptable identification, such as a passport, even when traveling domestically. Learn more about flying with REAL ID and acceptable forms of identification on the tsa.gov website.

1. OVERVIEW             

     When travelling on a  US-based airline, the Department of Transportation (DOT) administers the laws regarding passenger rights, as passed by Congress. Two other agencies are also actively involved, the Federal Aviation Administration (FAA) and the Transportation Safety Administration (TSA). 

        The earlier elimination of government regulation of airline fares and routes through the Airline Deregulation Act of 1978  resulted in lower fares and a wide variety of price/service options. Unfortunately, deregulation has been more in favor of the air carriers.  For example,  the Supreme Court has interpreted certain provisions of the Act as broadly preempting the enforcement of state laws against airlines in consumer protection contexts, thus making DOT the primary consumer protection authority overseeing airlines. Recently, DOT has reached an agreement  allowing 18 state Attorney Generals to have consumer protection power to enforce consumer protection laws against airlines  and  ticket vendors. (see below) Unlike Canada having recently passed the Air Passenger Protection Act, 2019, the European Union, (EU), having passed EU 261 legislation in 2005, and Brazil  having passed ANAC400 in 2016, the US has taken a limited  regulatory  approach to protect air traveler rights. The  Department of Transportation. through its Office of Consumer Protection oversees the behavior and treatment of passengers. In addition to these providers of passenger rights, additional passenger rights are found within each airline's contract of carriage or tariffs and the Montreal Convention as discussed below.

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Montreal Convention 1999 (MC99) is universal air carrier liability treaty entered into by the United States, Canada, and over 135 signatory countries; it  covers only international flights. It allows for damages for passenger 's delayed or cancelled flights, bags, and personal injury/death claims. It also contains numerous Articles concerning  air cargo. Note. for example, US and Canadian carriers flying international itineraries will come under MC99 and will have it incorporated in its contract of carriage or tariffs, i.e., lost bags. flying to Canada is an international flight.

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However, unlike  many of the DOT or EU261 regulations discussed below which set compensatory amounts, MC99 functions on a case by case basis and can be more challenging to navigate. The wording of its various Articles found within  have been subjected to  countless litigation. Depending on the damage claim, especially personal injury or death, it is suggested that any claims be handled  by a litigator who specializes in MC99 law. 

The important treaty function is that it  provides almost world-wide air passenger protections especially in countries that lack any separate legislative protection. And, it has a 2 year statute of limitations.

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 Some important Articles of this international  treaty are as follows:

Article 17 covers death, injury and baggage damage claims

Article 19 covers Delay claims

Article 21 covers death, injury compensation

Article 22 covers liability limitations such as:

1.  If the carrier cannot prove it took all reasonable measures to avoid delays, cancellations,  reimbursement is up to approximately $7,000 USD. MC99. (Articles does not put potential damages in dollars; it uses Special Drawing Rights (SDR) which is approximately $1.33 to the US dollar}

2. For damaged, delayed or lost bags, liability is capped at 1288 SDR or approximately $1700 USD. 

3. Any injury or death claim will probably come under this treaty; it has a two-tier liability system: (1) strict liability (no carrier fault required) up to approximately $175,000 (USD); (2) carrier has no limits on  liability compensation  but air carrier can defend itself that is was not negligent or otherwise at fault. 

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NOTE!!

     Department of Transportation (DOT) released the final version of new rules intended to fill some of the void in the very limited existing rules for air passenger protection. These rules started to take effect in June, 2024; they will have an implementation period of 6 to 12 months. In consequence, do not expect some immediate relief. The Rule implements four major consumer protection requirements: (i) ticket refunds when a flight is significantly changed or is canceled; (ii) baggage fee refunds for delayed baggage; (iii) ancillary services fee refunds when such services are not provided; and (iv) issuance of vouchers or credits for consumers affected by a communicable disease.

      One rule that took effect on October 28, 2024, requires airlines to quickly and automatically refund tickets when they cancel or greatly delay your flight. For domestic tickets, delay must be over 3 hours; for international flights, it must be over 6 hours. 

     Airlines will have to disclose all fees for checked and carry-on bags and for changing a reservation, All such fees must be displayed at the same time as your ticket quote. However, on June 29, 2024, the 5th Circuit Court of Appeals  issued a stay on the implication of this  rule after a coalition of airlines sued arguing the Department of Transportation exceeded its authority. Stay will remain in place until appellate court hears the case.

     Also, in partnership with the federal government, 18 state Attorney  Generals will be allowed to investigate airlines and ticket vendors and hold same accountable if they violate any consumer protection laws.      

    This Federal Aviation Administration Reauthorization Act of 2024  (se. 501-552) will also stop airlines charging  fees for families wanting to sit together. 

    And, the Act directs the Federal Aviation Administration to review, once again, the passenger seat sizes which have been getting smaller and smaller and...... 

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DOT has compiled very informative  Dashboards to show airline commitments in the areas of:

 1. airline "controllable" delayed/cancelled flights;" uncontrollable" delay such as weather related, have no airline commitments

 2. family seating 

 3. military personnel

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DOT also publishes a very informative air traveler rights publication, Fly Rights,

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2. CONTRACT  of CARRIAGE 

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Each  airline have their own specific rules that make up its contract of carriage. It a very  important  contract between you and the  airline created  at time of ticket purchase. It includes provisions such as check-in deadlines, refund procedures, responsibility for delayed flights, and many other things. By regulation, it must be available for review on the airline's website. Before filing a complaint or seeking compensation, read the applicable provisions within it,

Domestic Travel

Domestic travel contract terms may printed on your  ticket although paper tickets  are now almost a relic.  Many small "commuter" carriers still  use this system. Larger carriers may  "incorporate terms by reference." This means most  rules are contained in a separate document which you can inspect on request at the airport, ticket sites, or the carrier’s web site. If the contract terms are "incorporated by reference",  airline must provide conspicuous written notice with each ticket that: 1) it incorporates terms by reference, and 2) these terms may include liability limitations, claim-filing deadlines, check-in deadlines, and certain other key terms. It must be easily accessed on airline web site per regulation.

Carrier must also:

1. Ensure that passengers can receive an explanation of key terms identified on the ticket from any location where the carrier's tickets are sold, including travel agencies;

2. Make available for inspection the full text of its contract of carriage at each of its own airport and city ticket offices;

3. Mail a free copy of the full text of its contract of carriage upon request.

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 Carriers must provide a conspicuous written notice on or with the ticket concerning any "incorporated" contract terms that restrict refunds, impose monetary penalties, or permit the airline to raise the price after you've bought the ticket. Review carefully.

If an airline incorporates contract terms by reference and fails to provide you the required notice about a particular rule, you will not be bound by that rule. DOT also prohibits airlines from changing a term in your contract after  ticket purchase if the change will have a significant negative effect on you.

International Travel

   Not all of the above detailed requirements apply to  international travel. Where they do not, the airline must keep a copy of its "tariff rules" at its airport and city ticket offices. Tariffs are typically available on the airline's website. On flights to or from the U.S., you have a right to examine these rules.

   The most important point to remember is  you should not be hesitate to ask questions about a carrier's rules. Like any other contract entered into, you have a legal right and responsibility to know the terms of your contract of carriage. A “Nobody reads that stuff” is not a strong legal argument in problem resolution. It is in your best interest of both contracting parties to ask in advance about any matters of uncertainty.  A ticket agent is just that, a  legal agent of the carrier to explain contract terms.

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CONTRACTS OF CARRIAGE: (check both Domestic & International (Tariffs) depending on itinerary)​

American 

Delta

United

Southwest

Jetblue

Spirit

Sun Country

Breeze

Allegiant

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3. TICKET PURCHASE

  After ticket purchase, double check that the ticket reflects accurate details especially name as written on passport.

 THE 24 HOUR CANCELLATION RULE: Cancelling or refunding a ticket within 24-hours of booking

If  ticket is purchased at least 7 days before departure, DOT regulations allows for either:

((a)  passengers to cancel their reservation within 24 hours and receive a full refund without a penalty, or

(b) passengers to reserve a ticket (place it on hold) at the quoted price without paying for the ticket for 24 hours
 

1. Airlines are not required to offer both a hold and a refund  option

2. Although the above 24 hour cancellation protection to protect passenger for change of mind, cheaper fare, during that 24 hour period, carriers are not required to make changes to a ticket free of charge (i.e., change ticket to different date or correct a misspelled name).
   In some cases, instead of paying for a ticket change fee, it may be cheaper to request a refund for the ticket and rebook although it might result in a higher fare.

3. Refund must be issued within seven business days for credit card transactions and 20 business days for cash or check payments.
    

4. NOTE!!  The refund/reservation requirement for airlines do not apply to tickets booked through online travel agencies, travel agents, or other third-party agents. However, they are free to apply the same or similar procedures to provide equivalent or similar customer. Before purchasing third party ticket, inquire if this rule applies. Before booking your  ticket with a third party, suggest you then check ticket price at  airline web site. Quite often the ticket is the same price with your then being able to discuss any  problems directly with airline. If ticket was booked with third party, airline is apt to tell you that you MUST resolve any problems with the third party; this can be a  very challenging task.

5. If a carrier  offers  an extremely low fare by mistake, it  may cancel any reservations booked at the mistaken fare price, but carrier  must  reimburse consumers for the full ticket price, all optional services purchased, and any reasonable, actual, and verifiable out-of-pocket expenses in reliance upon the ticket purchase (for example, non-refundable hotel or rental car reservations). 

Domestic Fares and Rules

U.S. domestic air fares (interstate fares, and “overseas” fares to/from U.S. territories) were deregulated by the Airline Deregulation Act of 1978. carriers do not have to file their domestic passenger fares and rules with DOT.

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​Disclosure of Full Fares and Ancillary Fees

For both domestic and international markets, carriers must provide disclosure of the full price to be paid, including government taxes/fees as well as carrier surcharges, in their advertising, on their websites and on the passenger’s e-ticket confirmation.  In addition, carriers must disclose all fees at the time of ticket purchase, and must include information on e-ticket confirmations about the free baggage allowance and applicable fees for the first and second checked bag and carry-on.

• More information is available from the DOT Aviation Consumer Protection Division​

 

REFUNDS

1. AUTOMATIC REFUNDS:  New rule as of October 28, 2024, requires airlines to quickly and automatically refund tickets if the airline cancels your flight for any reason or greatly delays your flight.  For domestic tickets, delay must be over 3 hours; for international flights, it must be over 6 hours.  if ticket purchased with credit card, refund on card within 7 days; if ticket purchased with cash/check, refund must be within 20 days. 

2. Class of Service Change – Passenger  is entitled to a refund if passenger was involuntarily moved to a lower class of service, i.e., first-class ticket  downgraded to economy class due to an aircraft swap, the passenger is owed the difference in fares.

3. Optional Service Fees - Passenger is entitled to a refund of fees paid for  optional service(s) (for example, baggage fees, seat upgrades, or in-flight Wi-Fi) if not used due to a flight cancellation, delay, schedule change, or a situation where passenger was involuntarily denied boarding.

 

NO REFUND ENTITLEMENT

1. Non-refundable tickets - Non-refundable tickets are not entitled to refund unless carrier promised, cancels flight or makes a significant schedule change. Be sure to ask for travel credit.  
    

2. Personal Issue –If unable to travel for a personal reason, such as being sick or late to the airport, are not entitled to a refund on nonrefundable tickets
    

3. Unsatisfactory Service - A bad experience with the carrier or the flight is not entitled to a refund.
    

4. Incidental Expenses –Incidental expenses such as a rental car, hotel room, or meal due to a significantly delayed or cancelled flight are not entitled to a refund of the incidental expenses but a given carrier might provide it. 

Even if any of the above do not apply, it never hurts to ask. Although carriers are not required to issue a refund for non-refundable tickets, they are free to do so or they may issue a credit or travel voucher for future use.  Carriers  must also comply with the promises they make, and in some instances, they may be willing to offer passengers accommodations or other benefits that they are not required to provide.  Again, contact carrier directly to discuss. Each case revolves around its own set of facts. Remember, you catch more flies with honey than vinegar.

1. Ticket agents and online travel agencies are required to make “proper” refunds when service cannot be performed as contracted on a flight to, within, or from the United States. DOT interprets the requirement for ticket agents to provide "proper" refunds to include providing refunds in any instance when the following conditions are met:
    

   • (i) an airlines cancels or significantly changes a flight; 
      

   • (ii) an airline acknowledges that a consumer is entitled to a refunds; and
      

   • (iii) passenger funds are possessed by a ticket agent.​​

 

If you contact the airline or ticket agent to obtain a required refund and you are refused that refund, you should file a complaint against the airline or ticket agent with the DOT.

 

4. FLIGHT CANCELLATION & DELAY COMPENSATION

        DOT has no regulatory requirements to force airlines to give any  compensation for delayed and cancelled flights, contrary to Canada, the European Union, United Kingdom and Brazil. However, DOT does require the airline to reimburse the ticket price to passengers for delayed or cancelled flight if certain criteria are met. (See Section 3 above) Passengers in the US are, overall, at the mercy of the airlines.  DOT has sought and received varying degrees of commitment from most US carriers as discussed below; however these are only voluntary agreements and lack the force of regulatory requirements.

To simplify  and understand these varying "voluntary" commitments, DOT has created a dashboard to ensure the traveling public has easy access to information about services that U.S. airlines provide to mitigate passenger inconveniences when the cause of a cancellation or delay was due to circumstances  "within the airline's control" which is a term used to describe flight disruptions that are not safety-related but are caused by the airline. "Within the airline's control" is the benchmark. This qualification is important to remember,  These "within the airline's control" disruptions can be the result of commercial decisions or day-to-day operations, such as: aircraft maintenance, staffing schedules, and actions of contracted parties that support the airline's operations. However, the major cause of flight disruptions, WEATHER, is not within the control of an airline.

.The following link, Delay/Cancellation Dashboard will provide the aforementioned information. If the dashboard has a green tick, it  means an airline has committed (if the matter was within its control) to providing that service or amenity to its customers. A red “x” means the airline has not made that commitment. However, airlines with a red “x” may provide these services and amenities in some instances at their discretion. Ask!

        NOTE: For flights canceled or a schedule change of more than 3 hours for a domestic flight and more than 6 hours for an international flight, you are entitled to an automatic cash refund. If instead you accept a future travel credit, DOT regulations require travel credits to expire 5 years after the date of cancellation or delay as stated above. However, if you cancel your ticket because, of your concerns or second thoughts about such things as aircraft health concerns, no refund will be forthcoming depending on ticket class; however. you may be entitled for a future travel credit. always ask for one. If given a travel credit, carefully  note of its expiration date. under these circumstances, it is usually 1 year. These applicable  rules are spelled out in the terms and conditions of the contract of carriage you agreed to when you made the purchase. ​

       Note, recent rule changes are required to provide non-expiring travel credits to passengers holding non-refundable tickets who are restricted by a government or advised by a medical professional not to travel due to a serious communicable disease. 

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         To force regulation into this ongoing troubling and confusing  area of compensation, there is pending federal  legislation, the Air Passenger Bill of Rights. Airlines would have to provide not only refunds  but also additional compensation up to  $1,350 if flights are delayed more than four hours. Under the proposed legislation, airlines would be required to refund tickets for flights delayed as little as one hour and provide alternative transportation. They would also be required to pay for food and hotels. Finally, the bill would forbid airlines from using weather as an excuse for delays and cancellations when it's actually their fault. But these proposed new airline passenger bills of rights are a long way from passage, if ever.

 

​5. TARMAC DELAY

A tarmac delay occurs when aircraft on the ground is either awaiting takeoff or has just landed and passengers do not have the opportunity to  deplane.

 

DOT tarmac regulations apply only to tarmac delays that occur at U.S. airports.  DOT requires only “covered carriers” to comply with the tarmac delay rule.  A “covered carrier” is any airline that operates at least one airplane with a seating capacity of 30 or more passenger seats to, from, or within the United States.  For the purposes of this webpage, we refer to “covered carriers” simply as “airlines.”

Opportunity to Leave the Plane

• For flights departing from or landing at a U.S. airport, carriers are required to begin to move the airplane to a location where passengers can safely get off before 3 hours for domestic flights and 4 hours for international flights.

 

EXCEPTIONS

Exceptions are allowed only for safety, security, or air traffic control-related reasons.  You should not exit the aircraft unless told by the airline that you can do so safely.

NOTE!!  If passenger gets  off the aircraft during a tarmac delay, carriers  are not required to let them back on the airplane and not required unload baggage;  thereafter, if they deplane, passenger(s)  may be responsible for finding another flight and have a delay in being reunited with their bags.
 

Food and Water: During a tarmac delay, airlines must provide you with a snacks, and drinking water no later than two hours after the start of the tarmac delay.

But an carrier is not required to hand out food and water to all passengers during a tarmac delay that lasts two hours or longer is when the pilot determines that it  cannot be provided due to safety or security reasons.  

Updates and Notifications:  Passengers must be notified regarding the status of the delay when the tarmac delay exceeds 30 minutes. Thereafter, airlines may provide subsequent updates, including flight status changes, as they deem appropriate.

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REMEMBER, during a tarmac delay, airlines are required to provide:
 

• Working toilets;

• Comfortable cabin temperatures; and

• Adequate medical attention, if needed

• Food and water after two hours

• regulations do not provide for any monetary compensation to passenger

 

6. DENIED BOARDING RIGHTS

​        Since there is no regulations preventing "overbooking" (selling more seats than available on aircraft), most US airlines overbook their flights to a certain extent in order to compensate for "no-shows." Never the less, bumping a passenger is quite rare. Data from DOT shows that the bumping rate for the 10 major airlines is roughly 0.33 per 10,000 passengers or 1 passenger out of every 33,000 flying.

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There are two kinds of bumping, (1.) Voluntary and (2.) Involuntary.

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1. "VOLUNTARY" BUMPING

DOT regulations requires airlines to seek out volunteers to give up their seats for compensation before bumping anyone involuntarily. But, before you agree to give up seat and accept compensation as a volunteer, be sure to inquire about:

1. Does next flight have  have a confirmed  seat? If offered  standby on another flight, you could be stranded.

2. Are other amenities given such as free meals, a hotel room, transfers between the hotel, and the airport, and a phone card? If not, some of the money given might be consumed on food or lodging while you wait for the next flight.

      DOT DOES NOT mandate the type or amount of compensation  airlines can offer to volunteers; thus, you can negotiate!   DOT requires airlines to advise any volunteer(s) whether they might be involuntarily bumped and, if that were to occur, the amount of compensation that would be due per regulation. Carriers can still  negotiate with their passengers if involuntarily bumped for mutually acceptable compensation.  If the airline offers you a free ticket or a transportation voucher in a certain dollar amount, ask about restrictions. How long is the ticket or voucher good for? Is it "blacked out" during holiday periods when you might want to use it? Can it be used for international flights? Be careful that you get what you bargained for.​

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​2." INVOLUNTARY" BUMPING

      If enough volunteers do not come forward,  regulations  requires  airlines to give passengers who are bumped involuntarily a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight. With some exceptions (below), those bumped are  entitled to denied boarding compensation in  check or cash. Passenger does not have to accept a travel credit and can demand cash or check. The minimum amount depends on (a) the price of the  ticket and (b)  the length of the delay. Again, DOT's requirements are the minimum but airlines can offer passengers a higher amount to make it a more tempting.​

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 Note!  If airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation. If not, the following compensation applies:

 

1. If 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 , at a minimum, an amount equal to 200% of your one-way fare to your final destination that day, or $775, whichever amount is lower.

2. If  your arrive at destination is  more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the minimum compensation doubles, 400% of your one-way fare, or $1,550, whichever amount is lower).

 

      If your ticket does not show a fare, i.e., a frequent-flyer award ticket or a ticket issued by a consolidator, your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.

     You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an "involuntary refund" for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.

Any optional services on your original flight (e.g., seat selection, checked baggage) and did not receive those services on your substitute flight or were required to pay a second time, the airline  must also refund those payments to you.

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EXCEPTIONS:

​(a)To be eligible for compensation, you must have a confirmed reservation. A written confirmation issued by the airline or an authorized agent or reservation service will suffice.

Each airline has a check-in deadline found within its contract of carriage, which is the amount of time before scheduled departure that you must present yourself to the airline at the airport. Domestic flights most carriers require you to be at the departure gate between 10 minutes and 30 minutes before scheduled departure, but some deadlines can be an hour or more. If you miss the check-in deadline, you may have lost your reservation and your right to compensation if the flight is oversold, or, you might lose your seat as it might have been given to someone on "standby". In consequence, always arrive at gate before check-in deadline.

(b) No compensation is due if  substitute transportation is scheduled to arrive at your destination within one hour of your originally scheduled arrival time.

(c)  airline must substitute a smaller plane for the one it originally planned to use.

(d) In addition, on flights using aircraft with 30 through 60 passenger seats, compensation is not required if you were bumped due to safety-related aircraft weight & balance constraints.

    Rules do not apply to charter flights, or to scheduled flights operated with planes that hold fewer than 30 passengers. They do not apply to inbound  international flights  to the United States. These rules do not apply for flights between two foreign cities. The European Commission has a Rule on bumping that occurs in an EC country; 

       Airlines set their own "boarding priorities" -- the order in which they will bump different categories of passengers in an oversale situation. When a flight is oversold and there are not enough volunteers, some airlines bump passengers with the lowest fares first. Others bump the last passengers to check in. Once you have purchased your ticket, the most effective way to reduce the risk of being bumped is to get to the airport early. Check the airline "contract of carriage" as found on its website.

NOTE:

        If bumped, airlines may offer free tickets or dollar-amount vouchers for future flights in place of a check or cash;  however, if involuntarily bumped you have the regulatory  right to insist on a check or cash. Once you cash the check (or accept the free flight), you will probably forfeit any future action against the carrier. However, if being bumped costs you more money than the airline will pay you at the airport, you can try to negotiate a higher settlement with their complaint department. You are always free to decline the check (e.g., not cash it) and take the airline to court to try to obtain more compensation. Read all wording on check carefully especially wording, "acceptance of check constitutes a release", or "full or final settlement"  or similar wording. Cashing a check with such wording will probably terminate all future rights.

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NB: Once a passenger has been accepted for boarding or has already boarded the flight, airlines are not permitted  to require that passenger deplane, unless the removal of the passenger is required by safety, security,  health reasons, or the removal is due to the passenger’s unlawful behavior.

 

7. DELAYED, LOST LUGGAGE

DOT regulations (for domestic travel) and international treaties (for international travel), i.e., Montreal Convention, Article 22,  require  airlines  to compensate passengers if their bags are damaged, delayed, or lost. 

Damaged Baggage

Rights for damaged baggage:

1. responsible for repairing or reimbursing a passenger for damaged baggage and/or its contents when the damage occurs while the bag is under the airline’s control. (subject to maximum limits on liabilities).

2. not responsible for pre-existing damage to the bag or if the damage was caused by improper packing.

3. If bag not repairable, negotiate a compensation amount based on the value of the bag and its depreciation.

4. Although airlines are not required to cover fair wear and tear, airlines cannot exclude liability for damage to wheels, handles, straps, and other components of checked baggage. 

Items that are often excluded from liability , i.e., fragile items, electronics, cash, perishable items, other valuables, etc. as shown in carriers` contract of carriage.

1. For DOMESTIC travel, airlines are not required to compensate passengers for items the airline  has excluded in their contracts of carriage.  

2. For INTERNATIONAL travel (including the domestic segment of an international itinerary), per the Montreal Convention, airlines are responsible for these items if accepted for transportation.  This applies even if passengers did not disclose at  checked-in that these items were packed in the bag.  

 

Delayed Baggage

If a checked bag fails to reach its destination, carrier is  responsible for locating it. 

1. File a baggage claim (PIR, Property Irregularity Report) with their airline as soon as possible, preferably before your leaving airport. Get copy of report or take photo of it. Record names and get correct number to call for follow-up.  Note, if carrier later declares bag lost, you usually must file second report with detailed losses, receipts usually within certain time frame. Check carrier contract of carriage which must be  available on its website.

2. Stay in close communication with the airline after filing a claim.

3. Carriers  are required to compensate passengers for reasonable, verifiable, and actual incidental expenses if bags  are delayed - subject to the maximum liability limits.

4. Carriers  are not allowed to set arbitrary daily amount for interim expenses, i.e.,  no policy that will  only give  $50 for per day reimbursement

 

Lost Baggage

Carriers  may have different policies  in declaring a  bag lost, typically between five and fourteen days. Declaring a bag lost depends  on the type of itinerary (international, Montreal Convention, 21 days)  vs. domestic, per the contract of carriage, whether more than one airline is responsible for the flight, the airline’s searching mechanism, and other circumstances.

If carrier refuses to consider a bag lost after a reasonable  time period, carrier could be subject to enforcement action by the DOT; report this issue to it.

What are the airlines’ responsibilities when your bag is lost?

1. when carrier determines that your bag is lost, must  compensate you for your bags’ contents - subject to depreciation and maximum liability limits.

2. If more than one carrier transported bag, last carrier in possession normally liable for loss.

3. Required to refund any baggage transport  fees. May require receipts or other proof for valuable items Keep receipts and consider taking picture of contents of bag.

Limits on Baggage Liability

DOMESTIC flights, DOT regulations allow  carrier to limit  liability for a lost, damaged, or delayed bag to the he maximum liability amount of $3,800 per passenger, but contract of carriage may allow more.

INTERNATIONAL Baggage Liability

For most INTERNATIONAL flights, the Montreal Convention applies which is currently 1,288 Special Drawing Rights (approximately $1,780.00 US) per passenger. Airlines are free to pay more than the limit, but are not required to do so. Consider carrying extra insurance.

1. 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, the earlier Warsaw Convention may be applicable for international flights.

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8. TRAVELING WITH A DISABILITY

DOT has worked with the airlines and other agencies to formulate a very informative "Airline Passengers with Disabilities Bill of Rights."

​An assistive device is any piece of equipment that assists a passenger coping with a disability.  Assistive devices include (but are not limited to):

• Crutches, Canes, and Walkers

• Braces/Prosthetics

• Wheelchairs

• Hearing aids

• Portable Oxygen Concentrators (POCs)

• Continuous Positive Airway Pressure (CPAP) machines

• Prescription medications and any medical devices needed to administer those medications, such as syringes or auto-injector

Strongly suggest you read this pamphlet, "Air Travel with an Assistive Device" published by DOT.

NOTE!   Assistive device that are lost or damaged  during DOMESTIC air travel are not subject to the rules limiting  lost or damaged baggage. On domestic flights, airlines’ liability for lost or damaged assistive devices is the original purchase price of the assistive device.  If an airline destroys or loses a $20,000 assistive device during a domestic flight, the airline is liable for $20,000. If an airline damages but doesn’t destroy a $20,000 assistive device, it must cover repair costs.

• Assistive devices  lost or damaged during INTERNATIONAL air travel are subject to the maximum liability limit set by the applicable international treaty,  i.e., Montreal Convention, approximately $1780.00, US 

• When a passenger’s wheelchair or other assistive device is disassembled for stowage during air travel, it must be returned  in the same condition in which the airline accepted it, including making necessary repairs if damaged.

• information about these provisions, see the DOT publication New Horizons: Information for the Air Traveler With a Disability. 

 

9. FILING AN AIRLINE  COMPLAINT

​  Common Types of Complaints Filed Against an Airline 

Here are some common types of complaints filed against airlines with the Department of Transportation (DOT), small claims courts, and the Better Business Bureau, BBB and social media:

• oversold flights and getting bumped from a flight. 

• lost, delayed  or damaged luggage. 

• breach of terms under the airline contract of carriage. 

• refusal to honor refund policies. 

• flight delays.

• flight cancellations. 

• ticketing practices.

• family seating issues.​

 

initially, file a complaint with the airline.

       Before escalating things to the  Department of Transportation (DOT), allow the airline the opportunity to resolve the matter. If you are considering making a refund claim with your credit card company, most if not all  will require the aforementioned before it considers additional action on your behalf. By  regulation, all carriers that operate flights to, from, and within the United States are required to provide complaint filing  instructions on its websites.

Typically, there are several ways to contact the airline's  customer service department, (1.) phone, (2.) email, (3.) online form, and (4.) regular mail.​  You might also consider to make use of social media to air your complaint since  nobody, including airlines, likes bad press. 

 Airlines must acknowledge complaints within 30 days of receiving it and send substantive  written reply within 60 days. The Department of Transportation FLY RIGHTS  link will give you valuable insight to your aviation consumer rights and potential valid complaint action..

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Know your limitations.

        If the airline response is insufficient,  you can contact the  Department of Transportation (DOT)  to file a complaint against the airline.  Note that DOT cannot resolve all  of air travel’s most frustrating aspects. if they are deemed outside of the airline’s control resulting in  no compensatory federal regulation in place, i.e., bad weather delay. Further DOT cannot order the airline to remedy your complaint.

       For flights canceled or a schedule change of more than 3 hours for a domestic flight and more than 6 hours for an international flight, you are entitled to an automatic cash refund. If instead you accept a future travel credit, DOT regulations require travel credits to expire 5 years after the date of cancellation or delay as stated above. However, if you cancel your ticket because, of your concerns or second thoughts about such things as aircraft health concerns, no refund will be forthcoming depending on ticket class; however. you may be entitled for a future travel credit. always ask for one. If given a travel credit, carefully  note of its expiration date. under these circumstances, it is usually 1 year. These applicable  rules are spelled out in the terms and conditions of the contract of carriage you agreed to when you made the purchase. ​

       Note, recent rule changes are required to provide non-expiring travel credits to passengers holding non-refundable tickets who are restricted by a government or advised by a medical professional not to travel due to a serious communicable disease. 

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File a Complaint With the Department of Transportation 

       If no satisfactory response is obtained from the airline, the next step for resolution is to file a complaint with DOT. It has an office of Aviation Consumer Protection (ACPD) which reviews and responds to consumer complaints against airlines.

The Department of Transportation receives many types of complaints against airlines, here are some of the most common types of Department of Transportation complaints consumers file: 

• The airline refuses to provide a refund even though the consumer is entitled to one. Use this guide to see if you are entitled to a refund.

• The airline oversold the flight and the passenger was bumped off. 

• The airline lost or damaged a passenger’s luggage.

• The flight was delayed on the tarmac.

• The flight was delayed or canceled. Flight Delays and Cancellations. 

 

How to File a DOT Complaint Against an Airline 

Follow the steps below:

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1. Go to the  Office of Aviation Consumer Protection and scroll down to where it says File a Consumer Complaint. 

2. You will be redirected to the DOT Complaint Form. In order for a case to be processed as a complaint with the DOT, it must be submitted in writing; you cannot file by telephone. 

3. To fill out the form you will need the following information handy: Your information (name, address, contact information), Airline Name, Flight Date, Flight Itinerary, and a description of the problem, incident, and complaint (3,000 characters allowed).

4. The Complaint opens with the question "would you like a copy of this submission sent to your email?" auto-filled as “no” as shown below. Make sure to click "yes" if you want a copy (we recommend you keep copies of any complaints you file.​

What to Expect After You File a Complaint with the DOT

DOT cannot force an airline to resolve your complaint. They only require the airline to respond to your complaint. But, with DOT now involved, the airline might be a bit more reasonable in seeking a resolution with the passenger.

DOT takes the following steps to process a  consumer complaints against airlines: 

1. A Transportation Industry Analyst (“DOT analyst”) will forward your complaint to the airline.

2. The DOT requires airlines to provide consumers with a response to their complaints. 

3. The DOT analyst will ask the airline to provide a copy of the response to the DOT only if it falls under one of the areas DOT enforces.

4. The DOT analyst will then review the case.

5. If your complaint does not appear to fall under any of the laws enforced by the DOT, it will still be logged in a database as a consumer complaint to help the DOT spot problems areas, or trends in the airline industry. 

For disability and discrimination complaints, the process is slightly different: 

1. A DOT analyst will forward your complaint to the airline, and the airline will be required to respond to you just like with a regular complaint. 

2. Once the airline’s response is received, a DOT analyst will review your complaint and the airline’s response to determine if a violation occurred.  After the DOT analyst reviews your case, it will be given to a DOT attorney for review.  

3. Once your case is reviewed by a DOT attorney, an analysis of the DOT’s findings will be mailed to you.  

Be aware that these types of complaints may take some time to process. 

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You may send DOT Complaint correspondence by mail at the address below:

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Office of Aviation Consumer Protection 

U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC  20590

1. In your letter, please provide the following information when submitting a complaint against an airline or ticket agent: 

2. your full name and contact information such as physical address, email address, and telephone number,

3. a description of the air travel problem you had or are having,

4. your booking details (ticket/itinerary/invoice),

5. flight details (dates/flight numbers/city pairs), and

6. any supporting documentation such as a copy of the complaint you filed with the airline or ticket agent if available. 

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File a Complaint Related to AIRLINE SAFETY or SECURITY   

If you wish to file a complaint against an airline related to safety, file with the Federal Aviation Administration (“FAA”) instead of filing with the DOT.  The FAA handles complaints related to airline and airplane safety, like problems with emergency exit seating, low-flying aircraft, pilot licensing, etc. 

To submit a report to the FAA Hotline see the instructions below: 

• Submit the report using the FAA Hotline Web form, or 

• Submit the report by mail to the mailing address below. 

Federal Aviation Administration

Office of Audit and Evaluation

800 Independence Avenue, S.W.

Washington, D.C. 20591

Attn: AAE-300, Room 911

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If your airline complaint is related to a security matter, file a complaint with the Transportation Security Administration (“TSA”). 

Consumers with concerns about security should call TSA toll-free at 1-866-289-9673, or email TSA at TSA-ContactCenter@dhs.gov. 

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File a Complaint With the Better Business Bureau 

Another way to resolve your dispute with an airline is to file a complaint with the Better Business Bureau. The Better Business Bureau (“BBB”), is a nonprofit that serves as an intermediary between consumers and airlines. 

The BBB will review your complaint, forward it to the airline, and then give them a certain period of time to respond to your complaint. The BBB cannot force an airline to resolve your complaint or respond to your complaint. 

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What if Filing a Complaint Doesn’t Work? Consider Suing In Small Claims Court

Unlike the DOT, FAA, and BBB, small claims court  actually has the authority to force an airline to make things right. This is because a judge will decide your complaint against an airline and will issue a decision on who is right between you and the airline. Small claims courts are known as the Peoples' Courts as they were created to give people without an attorney a chance of getting justice. The process is quick and affordable. You may file a lawsuit against an airline in small claims court as long as the amount you intend to sue for is within the small claims court limit (on average $10,000 or less). 

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​Social Media:  make use of social media resources to air your complaint. No corporate entity wants bad press.

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​10. CUSTOMER SERVICE PLAN

​By regulation, each covered carrier must have a Customer Service Plan and must abide by it.

 Each Plan must address and follow the following:

(1) Disclose on the carrier's website, ticket counter, or when calling the carrier's reservation center inquiring  about  fares or making reservations, that lowest fare offered  may be available elsewhere at lower price;

(2) Notifying consumers of known delays, cancellations, and diversions as required by 14 CFR 259.8 ;

(3) Deliver baggage on time, including making every reasonable effort to return mishandled baggage within twenty-four hours, compensating passengers for reasonable expenses that result from delay, as required by 14 CFR part 254 for domestic flights and as required by international agreements (Montreal Agreement) for international flights, and reimbursing passengers for any fee charged for baggage transport a bag was lost;

(4) Allowing reservations to be held a quoted fare without payment, or cancelled without penalty, for at least twenty-four hours after the reservation is made if the reservation is made one week or more prior to a flight's departure;

(5) Where ticket refunds are to promptly returned, as required by 14 CFR 374.3 and 12 CFR part 226, 7 days for credit card purchases, and within 20 days after receiving a complete refund request for cash and check purchases, including refunding fees charged to a passenger for optional services that the passenger was unable to use due to an oversale situation or flight cancellation;

(6) Properly accommodating passengers with disabilities, as required by 14 CFR 382 of this chapter, and other special-needs passengers  set forth in  carrier's policies and procedures, including during lengthy tarmac delays;

(7) Meeting customers' essential needs during lengthy tarmac delays as required by 14 CFR 259.4 of this chapter and as provided for in each covered carrier's contingency plan;

(8) Handling “bumped” passengers with fairness and consistency i as required by 14 CFR 250 of this chapter and as described in each carrier's policies and procedures for determining boarding priority;

(9) Disclosing cancellation policies, frequent flyer rules, aircraft seating configuration, and lavatory availability on the selling carrier's website, and upon request, from the selling carrier's telephone reservations staff;

(10) Handling “bumped” passengers with fairness and consistency in the case of oversales as required by part 250 of this chapter and as described in each carrier's policies and procedures for determining boarding priority;

(11) Disclosing refund policies as required by 14 CFR part 260, cancellations policies, frequent flyer rules, aircraft seating configuration, and lavatory availability on the selling carrier's website, and upon request, from the selling carrier's telephone reservations staff;

(12) Notifying consumers in a timely manner of changes in their travel itineraries;

(13) Ensuring responsiveness to consumer problems as required by § 259.7 of this chapter;

(14) Identifying the services it provides to mitigate passenger inconveniences resulting from flight cancellations and misconnections; and

(15) Disclosing critical ancillary service fees to consumers on the carrier's online platform or when a customer contacts the carrier's reservation center to inquire about a fare or make a reservation in person or by telephone and disclosing policies for critical ancillary service fees to consumers on the carrier's online platform as required by § 399.85 of this chapter.

(c) Self-auditing of plan and retention of records. Each carrier that is required to adopt a Customer Service Plan shall audit its own adherence to its plan annually. Carriers shall make the results of their audits available for the Department's review upon request for two years following the date any audit is completed.

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