There have been numerous headlines recently, focused on airline incidents involving passengers. Most of us are familiar with the infamous video of a passenger being dragged off a United Airlines flight. Videos and headlines such as this have many asking — what are my rights if my flight is overbooked?
Airlines overbook flights to account for “no shows” and according to Henrick Zillmer, CEO of AirHelp.com, who was interviewed by TIME magazine, “there will be much more of this in the future.” Zilmmer also noted that while the federal Department of Transportation has developed rules that outline your rights, you can’t assume that airline personnel are aware of those rights or that they will respect those rights.
So, what are your rights when you’re an airplane passenger? Below are rules set up by the Department of Transportation (DOT).
First, when a flight is overbooked, the airline is required to ask for volunteers willing to give up their seats. If you do volunteer to give up your seat without compensation, you cannot contact the airline later and ask for compensation. If you agree to give up your seat and take a voucher, examine it carefully — especially the fine print. You will want to take note of the expiration date and see whether the voucher is valid on holidays or for international travel.
If there are not enough volunteers, the airline can remove passengers but they should provide you with a written statement noting why you are being bumped and your right to be compensated for being involuntarily bumped.
The following rules apply if you are involuntarily bumped from your flight. First, the airline must rebook a flight for you. As concerns compensation, the rate depends on the delay you will experience. If you will arrive at your original destination with less than an hour delay, the airlines do not have to compensate you. If you are going to be more than one hour late to your destination (or one to four hours late to an international destination), the airline must compensate you. They are required to pay you double the cost of the original one-way fare, up to $675. Federal regulations note that if you are going to be more than two hours late (domestic flights) or more than four hours late (international flights), airlines must pay you 400 percent of the one-way fare, with a $1,350 limit.
Also note that, according to DOT, you do not have to take vouchers that are offered to you — you can request a check. For people who don’t fly very often, this is often the best option. If they don’t provide you with a check at the airport and insist that you file a claim with the airport to receive a check, be certain to keep all of your flight documents and take notes or photos concerning the situation.
It’s important to note that you can be fined (up to $25,000) for not cooperating. According to federal aviation regulations if you threaten, assault, intimidate or interfere with crewmembers you are subject to fines.
Finally, if you are bumped from a flight because of weight or balance issues, the need to switch to a smaller airplane, or if your flight is delayed or canceled, the above noted compensation rules do not apply.
