A while back, I stood impatiently in an airport line behind an argumentative chap who insisted American Airlines owed him five bucks. His plane had arrived four hours late from the Caribbean, and he figured this was the extra fee he would have to pay to retrieve his car from the parking lot. "No," said a polite ticket clerk, who had to repeat himself a dozen times before the guy finally gave up.
Another time, I tried fruitlessly to obtain overnight toiletries or cash to buy an emergency supply when my luggage failed to arrive on my flight to the Virgin Islands aboard American's commuter line, American Eagle. "Nope, nothing we can do for you," said this clerk, again politely but definitively. So I paid for the toiletries myself.Certainly both of us were disappointed when the airlines didn't meet our expectations. But the fact is that American and its commuter line - and any other carrier in a similar situation - were under no legal obligation to compensate us for our extra expenses. They could have volunteered payment as a goodwill gesture, and airlines often do so, but on these two occasions neither of us got lucky.
What does an airline owe its passengers if something goes awry on a trip? In truth, not a whole lot, which is made evident in a new report, "Air Travel: Passengers Could Be Better Informed of Their Rights," released by the General Accounting Office. As the report notes, the airlines must comply with certain Department of Transportation regulations protecting passenger rights. Otherwise the airlines are allowed to establish their own guidelines for compensating complaining passengers, and these policies vary by carrier. Often what you get is only what you are able to negotiate.
For an ordinary traveler, determining one's rights can be a difficult and time-consuming chore. Department of Transportation consumer protection measures are detailed in a booklet called "Fly-Rights," although the GAO report contends it is outdated - it was last revised in 1985 - and not as easily obtainable as it should be. Many popular guidebook series also list some air travelers' rights.
The varying policies of individual airlines are spelled out in what are called "contracts of carriage," often lengthy and complex documents that anybody but a lawyer may find difficult to read. They should be available for consulting in airline ticket offices and at airport check-in counters. In addition, some airlines list selected rules on the back of their tickets or in their flight timetables. Airline ticket clerks also can answer questions about a carrier's compensation policies.
But don't expect the "contracts of carriage" to be generous in terms of passenger compensation. "By and large, they are designed to protect the airlines," says Paul Ruden, senior vice president of the American Society of Travel Agents, the organization's legal specialist. "They are designed not to give you rights but to limit your rights."
As part of deregulation of the airlines, "You, the passenger, are now practically on your own when it comes to dealing with airlines," agrees the Aviation Consumer Action Project, a Washington-based consumer organization that also publishes a guide to flier rights, "Facts & Advice for Airline Passengers."
Knowing what you are entitled to - and what you may have to negotiate for - can help you obtain just compensation if something goes wrong on your next flight. Where federal rules apply, you can expect to have the Department of Transportation's help in resolving your complaint. Otherwise, you probably will be on your own in a dispute with an airline. Usually you can negotiate with an airline, but in some situations, you may find it necessary to sue, perhaps in small claims court.
Department of Transportation regulations for domestic flights are specific about what air travelers are entitled to if baggage is lost or passengers are "bumped" - that is denied boarding involuntarily because the flight is overbooked. Under federal law, says the GAO, the Department of Transportation is "the primary agency responsible for airline consumer protection."
-Lost luggage: On domestic flights, an airline must pay up to $1,250 per traveler for lost luggage, provided the missing items you report were worth that much (at a depreciated value). Airlines, however, establish their own procedures and time frames for processing a loss complaint, and they can exempt jewelry, cash and photography equipment.
The liability limit for lost luggage on international flights - established by international agreement-is $9.07 per pound for each checked bag to a maximum of $640 per bag (for a 70-pound bag). However, many medium-sized suitcases weigh no more than 30 pounds when full, which means you are entitled to less than $275 if the bag is lost.
If your bag is delayed, no federal regulations apply. But most airlines, says the Aviation Consumer Action Project, will offer money for the emergency purchase of toiletries and perhaps a change of shirt and underwear. Among the factors the airlines consider is the purpose of the trip. If you are bound for a formal occasion, they might spring for the rental of a tux or evening gown.
-Overbooked flights: If an airline has overbooked a domestic flight, it is required by federal law to solicit volunteers willing to take a later flight. The airline, however, is not obligated to compensate the volunteer, but of course all carriers do so, usually by offering cash or free trips. The amount varies, usually depending on how much it takes to get the necessary number of passengers to offer to volunteer.
For most passenger concerns other than lost luggage and denied boarding, such as the popular airline frequent-flier programs, the Department of Transportation regulations "are silent," says the GAO report. "Except in cases covered by its regulations," the department "generally lets airlines set their own terms and conditions under which they agree to transport passengers."
One major nonregulated concern is the services - if any - a carrier provides its passengers when a flight is delayed, canceled or diverted. Some airlines detail specific compensation in their "contracts of carriage," but the report found that others are "vague" or ignore the subject completely.
Contrary to popular belief, the government does not require airlines to provide amenities - such as overnight lodging, meals or telephone calls - if a passenger is stranded in an airport because of a missed connection. The Department of Transportation considers this an appropriate policy, says the GAO, because "airline flights are uniquely susceptible to such safety factors as weather and mechanical problems."
In their discussions with the GAO, the airlines argued against establishing uniform standards on amenities. They contend, among other reasons, that many passengers want lower fares instead of expensive extras such as free meals and lodging. The Department of Transportation supports this stand, arguing that it does not create problems for consumers. The agency believes, says the GAO, that "it is in the best interests of consumers to let airlines compete on the basis of services as well as fares."
So what's a passenger who has been inconvenienced by a flight delay to do?
If you know that the airline's contract of carriage specifies certain amenities, speak up for them. If you don't know one way or the other, speak up anyway for what you consider reasonable compensation. Sometimes an airline will volunteer such relief, but not always. I have been on much-delayed flights where only those passengers who asked got free lunch vouchers, and no one else did.
"Be assertive," recommends the Aviation Consumer Action Project.