Air Travel Rights What Passengers Should Know

Air travel can be a pleasant experience when things go smoothly, but when unexpected snags arise, the journey might start to feel tiring and expensive. And then there’s the confusion of trying to figure out what resources you’re entitled to as you deal with delays, cancellations, involuntary bumps, missing luggage and other kinds of disruptions.

“I think passengers today are a lot more fluent in their rights than they were five or 10 years ago thanks, in part, to how many large-scale meltdowns the industry has seen in recent years — situations that, unfortunately, have put millions of travelers in the position of having to figure out what they’re owed,” Sean Cudahy, an aviation reporter at travel website The Points Guy, told HuffPost.

“That said, the policies when it comes to refunds, reimbursements, compensation, vouchers and the like can be exhausting to keep track of, and what an airline is on the hook for may differ significantly based on whether a flight disruption is due to something like bad weather, or is ‘controllable’ — the latter meaning the airline’s responsibility — owed to something like maintenance, staffing or, as we saw in recent months, an IT glitch at a third-party vendor contracted by the airline.”

So despite increasing awareness, there remains a great deal of confusion around what air passengers are entitled to in certain scenarios.

“Air passengers have different rights across the world, and awareness varies from region to region,” said Eric Napoli, the vice president of legal strategy at the company AirHelp. “Currently, U.S. national law does not offer much protection for avoidable travel disruptions, but that’s changing. As new policies are enacted, we expect to see a greater awareness among U.S. air passengers, similar to that experienced in the [European Union].”

So what exactly are our rights as we navigate the air travel experience? Read on for seven important ones to keep in mind.

“When your flight is canceled, delayed or overbooked, it’s important to make sure you understand your rights and when you are owed compensation ― which can depend on the departure location and airline,” Napoli said. “For now, in the U.S., airlines are not required to compensate passengers when flights are delayed or cancelled ― compensation is only required if passengers are denied boarding from an oversold flight.”

If you’re bumped from a flight, you are entitled to compensation based on the cost of your ticket, whether it’s domestic or international, and the amount of time you’re delayed in reaching your destination due to the denied boarding.

So for a passenger bumped from a domestic flight who reaches their destination two hours later than expected, the airline must pay them 200% of the price of their one-way fare ― though the amount can be capped at $775. If the delay is more than two hours, that amount becomes 400% of the one-way price, capped at $1,550.

International flights departing from the U.S. allow for similar compensation, but it’s 200% of the one-way fare (up to $775 if the total exceeds that amount) for arrival delays up to four hours and 400% up to $1,550 for longer delays. If your bump-related delay is less than one hour, then compensation is not required for either domestic or international flights.

“If you accept a voucher and give up your seat, you are not entitled to compensation,” Napoli noted.

Indeed, the Department of Transportation requires airlines to ask passengers on overbooked flights to voluntarily give up their seats in exchange for compensation (usually in the form of an airline voucher) before bumping anyone. The DOT also mandates that airlines “advise any volunteer whether he or she might be involuntarily bumped and, if that were to occur, the amount of compensation that would be due.”

“If your flight is canceled or significantly delayed and you ultimately choose not to travel, you’re entitled to a full refund for the unused portion of your ticket back to the original form of payment,” Cudahy explained. “A voucher or frequent flyer miles don’t have to suffice.”

He emphasized that the reason for the disruption doesn’t matter — it could be maintenance, a snowstorm, an air traffic control delay or something else.

“What a lot of passengers do need to remember is that if they accept accommodations from the airline, like rebooking on a later flight — even if it’s a lot later — you would not be owed a refund,” Cudahy added. “The [President Joe] Biden administration has proposed imposing additional compensation requirements on airlines for lengthy delays, similar to the consumer protections found in the European Union, but that’s not the law of the land in the U.S. at this point.”

Earlier this year, the DOT announced new policies standardizing the definition of what constitutes a “significant delay.”

“The new regulations can help people know when they are eligible for the refunds,” noted Katy Nastro, a spokesperson for the flight alert service Going. “The minimums are three hours for domestic flights and six hours for international trips.”

Under these policies, passengers will receive refunds promptly and automatically, with no need to submit a request.

“What confuses a lot of people is that they think they are entitled to both a refund and a new flight, when it is one or the other,” Nastro added. “Airlines may offer frequent flyer miles or vouchers in goodwill in very rare circumstances, but no regulation requires compensation on top of what you choose to do.“

Another air travel right relates to refunds shortly after booking.

“There’s a federal regulation that helps guard against immediate buyer’s remorse for airline tickets,” Cudahy said. “Under DOT policy, if you book at least seven days in advance of a flight, the airline has to either allow full refunds within 24 hours of purchasing a ticket, or offer customers the chance to put a 24-hour free ‘hold’ on a ticket without paying for it.”

He noted that some airlines offer one or the other, while others do both.

“So, if you book a ticket and then immediately find a better deal on another airline within 24 hours, typically you can cancel and get your money back,” Cudahy said.

Passengers should be aware of the rules surrounding long tarmac delays. The U.S. government requires airlines to provide food and water to passengers stuck on the tarmac for two hours or more. Access to bathrooms and medical attention in the event of an incident are also compulsory.

Generally speaking, passengers cannot sit on the tarmac for more than three hours unless there are issues related to safety, security or airport operations that prevent access to a gate.

Other types of flight disruptions can be grounds for a refund as well. For example, if a passenger purchases a business class ticket but then gets moved into economy due to a change in aircraft, the airline must refund the difference in fares.

Travelers are also entitled to refunds for optional services like checked bags, seat selection and priority boarding that they paid for but were unable to use due to a cancellation, delay, schedule change or bump from an oversold flight.

If a passenger cannot fly as a result of documented restrictions from the government or a medical professional, airlines must offer travel vouchers or credits.

Airlines are required to compensate passengers for bags that are lost, delayed or damaged. With regard to lost luggage, travelers must submit a claim and usually need to provide some documentation proving the value of the belongings inside the bag.

Compensation is subject to maximum liability limits, which are currently set at $3,800 for domestic flights. The airline is also responsible for reimbursing any associated fees for checked baggage.

With delayed luggage, airlines must compensate travelers for “reasonable, verifiable, and actual incidental expenses that they may incur while their bags are delayed.” Again, this is subject to maximum liability limits.

If a bag or its contents sustain damage while in the care of the airline, the carrier is responsible for paying for repairs up to the maximum limit. For bags or items damaged beyond repair, passengers can negotiate an amount of compensation with the airline. There are exclusions for certain types of items, like fragile belongings, electronics, cash and perishable products.

In 1986, Congress passed the Air Carrier Access Act, which prohibits airlines from discriminating against passengers with disabilities and requires the DOT to implement rules and procedures ensuring that these travelers have the same opportunity to enjoy a safe and pleasant flight as their nondisabled peers.

To help passengers with disabilities, the DOT has a guide outlining specific accommodations and how to arrange for them. Advance notice is necessary for certain options.

For passengers traveling with assistive devices that are lost or damaged in the course of a domestic journey, the usual rules around maximum liability limits do not apply; the airline must pay the full cost to fix or replace such devices.

“People get confused by controllable versus uncontrollable reasons behind flight disruptions,” Nastro noted. “Being familiar with flightrights.gov and the [DOT’s] Airline Customer Service Dashboard can be a game changer when you find yourself interacting with the airline amidst a disruption to understand what exactly the airlines have committed to and when.”

Keep the DOT’s online resources handy when you travel to help you navigate unexpected hiccups.

“There, most major airlines have spelled out to the federal government what they pledge to do in the case of flight cancellations or significant delays that are within their control — disruptions that do not include weather,” Cudahy said.