Bumped From a Flight? Know What You're Owed
Maybe we need fully reclining, flat-bed seats in gate areas too?
Photo: FightGridlockNow.com
by Wendy Perrin
It's about time. The U.S. Department of Transportaton has finally upped the compensation you get if you're involuntarily bumped from an overbooked flight. I'm not talking about when your flight is canceled. I'm talking about when your flight has been oversold and the airline cannot get enough volunteers to move to a later flight in exchange for a voucher, and so you get booted from the flight.
If the airline puts you on another plane that arrives at your destination more than two hours after your original arrival time--or, if you're flying internationally, more than four hours late--you're now owed the fare you paid up to $800.** If you arrive less than two hours late--or, internationally, less than four--you're owed up to $400.
This new rule doubles the "denied boarding compensation" caps for involuntary bumping; the previous compensation limits of $200 and $400 dated all the way back to 1978, says the A.P. (I'm too lazy busy to research it myself). This compensation is in addition to the value of the airline ticket, which can be either used for alternate transportation or refunded.
What if you're bumped from a flight and the problems that ensue (e.g., you miss an important business meeting, or your cruise ship sails without you) end up costing you significantly more than $800? You should know that, over the years, bumped travelers have taken the airline to small claims court and won a lot more.
** See clarification by clicking on "Comments" below.
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"If the airline puts you on another plane that arrives at your destination more than two hours after your original arrival time -- or, if you're flying internationally, more than four hours late -- you're now owed the fare you paid up to $800. If you arrive fewer than two hours late -- or, internationally, fewer than four -- you're owed up to $400."
Not quite right. For the short delays (and it has to be more than 1 hour) it is fare paid, for the long delays it is twice fare paid. Both up to the limits.
An explanation and link to the detail of the new rules can be found on yesterday's blog post.
Posted by: TheGlobalTraveller | April 17, 2008 at 06:42 PM
Sorry the link didn't come out. Here it is.
http://theglobaltraveller.blogspot.com/2008/04/airline-passenger-rights-in-usa.html
Posted by: TheGlobalTraveller | April 17, 2008 at 06:43 PM
Hi GlobalTraveller,
Either I don't understand what you're saying or I don't agree with you.
Here are the exact words used by the Department of Transportation to describe the NEW (REVISED) rule:
"Passengers who are eligible for denied boarding compensation must be offered a payment equal to their one-way fare to their destination (including connecting flights) or first stopover of four hours or longer, with a $400 maximum. However, if the airline cannot arrange 'alternate transportation' (see below) for the passenger, the compensation is doubled ($800 maximum). The fare upon which the compensation is based shall include any surcharge and air transportation tax.
'Alternate transportation' is air transportation (by any airline licensed by DOT) or other transportation used by the passenger which, at the time the arrangement is made, is planned to arrive at the passenger's next scheduled stopover of 4 hours or longer or, if none, the passenger's final destination, no later than 2 hours (for flights between U.S. points, including territories and possessions) or 4 hours (for international flights) after the passenger's originally scheduled arrival time."
Clear as day, huh? :)
Perhaps the twice-the-fare-paid stipulation you refer to comes from the FORMER (UNREVISED) rule? It reads thus:
"If the airline can arrange alternate transportation that is scheduled to arrive at the passenger's destination within 1 hour of the planned arrival time of the oversold flight, no compensation is required. If the alternate transportation is scheduled to arrive between 1 and 2 hours after the planned arrival time of the oversold flight (between 1 and 4 hours on international flights), the compensation equals 100% of the passenger's one-way fare to his or her next stopover or final destination, with a $200 maximum. If the airline cannot meet the 2 (or 4) hour deadline, the compensation rate doubles to 200% of the passenger's one-way fare, with a $400 maximum. This compensation is in addition to the value of the passenger's ticket, which he or she can use for alternate transportation or have refunded if not used."
What do you think are the chances Secretary of Transportation Mary Peters might drop by the blog to clarify this matter for us? :)
Posted by: WendyPerrin | April 17, 2008 at 10:54 PM
Aha! I think I've found what TheGlobalTraveller is referring to:
"Section 250.5 Amount of denied boarding compensation for passengers denied boarding involutarily:
Subject to the exceptions provided in 250.6, a carrier to whom this part applies as described in 250.2 shall pay compensation to passengers denied boarding involuntarily from an oversold flight at the rate of 200 percent of the fare (including any surcharges and air transportation taxes) to the passenger's next stopover, or if none, to the passenger's final destination, with a maximum of $800. However, the compensation shall be one-half the amount described above, with a $400 maximum, if the carrier arranges for comparable air transportation [see section 250.1], or other transportation used by the passenger that, at the time either such arrangement is made, is planned to arrive at the airport of the passenger's next stopover, or if none, the airport of the passenger's final destination, not later than 2 hours after the time the direct or connecting flight from which the passenger was denied boarding is planned to arrive in the case of interstate air transportation, or 4 hours after such time in the case of foreign air transportation."
Talk about a run-on sentence.
THE POINT IS: YOU SEEM TO BE OWED TWICE THE ONE-WAY FARE FOR THE FLIGHT SEGMENT YOU'RE ON, UP TO A CAP OF $800, IF THE ALTERNATE FLIGHT YOU'RE PUT ON IS SCHEDULED TO ARRIVE MORE THAN TWO HOURS LATER THAN YOU WERE ORIGINALLY SCHEDULED TO ARRIVE (OR MORE THAN FOUR HOURS LATER IF YOU'RE FLYING INTERNATIONALLY).
Does that sound right, everybody?
Posted by: WendyPerrin | April 19, 2008 at 11:41 AM