Posted on 03/12/2006 6:25:04 PM PST by Coleus
Despite the amazing technological improvements in aircraft and air-traffic control, winter can still snarl air traffic and result in cancellations, delays, missed connections and assorted other ills. While one cancellation can appear pretty much the same as another, travelers find quite a bit of difference in what airlines owe them in a major snarl.
Here's a primer on cancellations and what you can do about them. With one exception, what you get when your flight doesn't operate as advertised is entirely up to the airlines. That one exception is when an airline "bumps" you due to overbooking: when it sells more seats than the airplane has, fewer travelers no-show than predicted, and the airline can't coax enough volunteers to get off the plane.
U.S. law specifies compensation for those "involuntarily bumped" travelers. What's important here is not the details of the bumping rules, but rather the fact that the required compensation is strictly limited to travelers bumped because of overbooking - and only on domestic flights and international flights departing from the United States.
The bumping rules do not apply to any other situations, no matter how grievous: flights cancelled by weather or mechanical problems, substitution of a smaller plane with fewer seats or anything else. No laws or regulations specify exactly what an airline owes you in any non-overbooking cancellations and delays.
However, to ward off threatened "passengers' rights" legislation in 1999, the members of the Air Transport Association of America (including all the big legacy lines) agreed to develop and publish voluntary customer service guidelines - later incorporated into their formal "contract of carriage" between airline and traveler.
On cancellations, most plans are similar to American's:
"When cancellations and major delays are experienced, you will be rerouted on our next flight with available seats.
"If the delay or cancellation was caused by events within our control, and we do not get you to your final destination on the expected arrival day, we will provide reasonable overnight accommodations, subject to availability.
"If a flight is adversely affected by events beyond our control, you are responsible for your own overnight accommodations, meals and incidental expenses."
In this context, "beyond our control" means weather and other natural circumstances; "within our control" includes mechanical delays, crew shortages and such.
Although the customer service guidelines don't say so, you can also ask for a refund if you prefer to start over with another airline. One self-imposed requirement that the customer service plans don't cover is "Rule 240," which isn't really a rule but instead is an element of most big lines' tariffs. It states that if your airline cancels a flight for a "within our control" reason, and some other airline can get you to your destination before your original line can get you there, the original line is obligated to transfer you to the other line.
All the big legacy lines and several smaller lines have a Rule 240 provision, but JetBlue, Southwest and some other low-fare lines do not. So if you have a problem on one of the latter lines, you can't get a Rule 240 transfer.
A final caveat: While airlines agree to defray your out-of-pocket expenses in within-our-control cancellations, they definitely do not agree to paying any consequential damages - the additional costs if you miss a cruise departure, for example, or lose a contract because you missed a bidders' conference. You might be able to recover something in such a case, but only through a lawsuit.
Continental out of Newark and Houston back in the early 1990's used to be TERRIBLE for bumping me off of a flight that was overbooked. Imagine getting on a plane and two tickets for the same seat were issued. First person there got the seat. Thankfully Gordon Bethune cleaned up that nonsense when he took over.
My husband had a horrible experience flying back from Albuquerque to S. FL via Chicago (yeah, I was stupid and made the reservations, but his father was ill and I had to make them in a hurry and that's what we could get to get him home).
They had the usual mechanical problems (it doesn't make me feel very good about flying to know how often these planes have mechanical problems--yeah, I'm glad they don't fly with them, but what the heck is wrong that they are broken all of the time???).
The plan sat on the tarmac in Alb for about 2 hours, and of course, landed before the next flight took off, but not in time for the people to get there. ANd of course, everything was booked up and he had to cool his heels in Chicago for 24 hours before they could get him on another flight. All of that was frustrating (and yes, they did get him a room) however, they COULD NOT GET HIM HIS SUITCASE! And they were really rude about it.
This was United, and every time I see their stupid ads about how they get you where you're going I want to toss something at the tv.
susie
This fella gets on a train bound for chicago. He finds the porter.
Man; Sir, I need to get off in Chicago.
Porter; No problem sir, We stop in Chicago at 3am. I'll still be up. I'll wake you up And make sure you get off there.
Man; I have an important buisness deal there and sleep very heavy.
Porter; Not a problem sir, I'll make sure you get off the train in Chicago.
Man; I want to make sure you understand, I may even fight you. My wife has to use a broom and ice sometimes to get me going some mornings.
Porter; I'll handle it sir. I promise you you'll get off the train in Chicago.
Man wakes up travelling across south dakota. He's missed Chicago and the importand business deal. He fumes like a raging bull. He yells at the porter, he yells at the engineer. He doesn't stop until the president of the rail road promises to make everythign up to him for missing the business deal.
Porter 1; Wow.
Porter 2; That has to be the maddest man I have ever seen in my life, how about you?
Porter 1; Almost.
Porter 2; Well who have you ever seen that was madder than that?
Porter1; The man I put off in chicago this morning.
Isn't 'overbooking' what Jim Baker went to jail for? How do airlines get away with it?
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