Air travel rule No. 1: Expect the unexpected
Posted
Dec 13 2007, 04:59 PM
by
Karen Datko
This post comes from David Wood at partner blog ConsumerAffairs.com.
While this year's Thanksgiving travel rush was less troublesome than expected, frustrations of all kinds await travelers not only during the holidays but year-round. Here's a holiday review of frequent mishaps and what you can do to avoid them.
The epidemic of lost bags is the tip of the iceberg. Flight delays, canceled flights, overbooking and an assortment of other annoyances are common.
Keeping your cool is only part of the equation. You also must be educated about your rights and the laws and regulations that govern airlines.
For instance, it's no secret that airlines routinely overbook flights in anticipation of passengers not showing up, and there is nothing illegal about that. Part of the traveling life is the chance of being bumped, and minors are not exempt.
"My 10-year-old daughter was traveling with her godparents," said Julie, of Gorham, N.H. "Upon returning from Florida, they had a small layover in Newark. When they went to check in with their flight, they were informed that my 10-year-old had been bumped from the flight. Is there a law against bumping minors off planes?"
"There is no law that says an airline can't bump a minor," said Bill Mosley, spokesman for the U.S. Department of Transportation. "It's up to each individual carrier to determine how they handle the situation."
While an airline can make its own rules about who gets bumped, there are rules that apply if you are bumped.
When the flight has been oversold, the DOT requires the carrier to ask for volunteers who don't mind being left behind. Those volunteers will be compensated, although the DOT leaves it up to each carrier to define "compensation."
Involuntary bumping
Being bumped against your will, once the airline has run out of volunteers, is another story. The carrier must provide you a written statement of your rights, and you're typically given compensation right then and there.
The compensation is, in effect, a payment for your trouble. And you won't have to worry about your original ticket because you get to keep it and use it on another flight. You can also ask for an "involuntary refund" for the ticket if you choose to make your own flying arrangements.
However, there are instances where you can be bumped against your will and end up with no compensation at all.
For instance, you won't be compensated if the carrier arranges other transportation that will get you to your final destination within one hour of your original arrival time.
If the airline must use a smaller plane in place of the one it originally planned to use, the carrier is not required to pay you. Additionally, they don't have to compensate you if the plane holds 60 or fewer passengers or if it's a charter flight.
If you're entitled to compensation from a forced bumping, what kind of money are we talking?
According to the DOT, "If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to your one-way fare to your final destination, with a $200 maximum."
Furthermore, the DOT says, "If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (200% of your fare, $400 maximum)."
Keep in mind that this applies only if you are bumped because a flight has been oversold. There is no law that requires the airline to buy you a meal, a hotel room, or pay you a cent if your flight is delayed or canceled by weather, mechanical problems, crew shortages or other common mishaps.
Banjo baggage
Ideally, you won't be bumped and your flight will go as planned. Part of that plan is arriving at your destination with your baggage intact.
But, as we all know, life doesn't always go as planned.
Timothy, of Hagerstown, Md., told ConsumerAffairs.com that American Airlines damaged his prized banjo and refused to do anything about it.
"My connecting flight was canceled, and I had to take another flight the next morning. I had my 33-year-old banjo with me, which had numerous 'fragile' stickers on the hard-shell case," Tim said.
"I decided to play my banjo a few days after I got home, and that's when I was shocked to see that the banjo neck was busted. I hadn't noticed it before because the outside of the case had bounced back into place, but the inside of the case was damaged," Tim added.
Although American Airlines admitted that it was quite all right to check a musical instrument carried in a hard-shell case, AA refused to repair the banjo.
"They said that because I had waited more than 24 hours to report the damage, they weren't responsible," Tim said. "I didn't take the time to open the case before leaving the airport because I was already a day late because of their canceled flight. Their baggage handlers cost me $500.”
Tim's experience is far from unique, and every carrier will handle the situation differently. Typically, an airline will pay for repairs if your luggage is damaged. However, as Tim found out, you have to report the damage within a specified time limit or your claim will be denied.
In Tim's case, American Airlines still might have refused his claim because, as with most carriers, the "contract of carriage" says a packed item might not be covered if the external covering shows no signs of damage.
Y-up, Y-up and away
Another part of flying can be the cramped seats in the coach department of the plane. Most of us don't have the opportunity to fly first class. Sure, it's better seating, faster boarding and unloading, and possibly better treatment, but not everyone can afford those luxuries.
However, what if the first-class ticket was 50% cheaper than normal or even cheaper than a coach fare? It's possible with a "Y-up" or "up" fare.
"Up fares are deeply discounted first-class tickets available for travel within or between the United States and Canada," said Rick Seaney, CEO of FareCompare.com.
"Y-up fares are driven by competition in certain markets, so don't be upset if the price isn't what you expect for the places you want to go. Consumers need to search for first-class fares because many carriers won't list up fares in the coach listings," he said.
Up fares are typically fully refundable. Although they won't be available everywhere, there are generally more than 100,000 up fares nationwide. Along with the letter Y, some carriers will also use K, M, Q or Z.
Vegged out
We can make fun of airline food all we want, but airlines are getting the last laugh by eliminating food on many flights. When meals are served, they often look and taste as thought they'd been prepared in Pittsburgh a few days prior to wheels-up.
Airlines also increasingly take a devil-may-care approach to requests for special meals.
Shivakumar, of Bettendorf, Iowa, complained that American Airlines wouldn't accommodate his wife's request for a vegetarian meal on a 12-hour flight.
"I was told that there are no special meals. Is this true?" he asked.
Mosley, of DOT, said airlines might accommodate a special meal request, but not because they have to.
"In reality, there is no law that requires an airline to give you a peanut, even on a long flight. Just as with how an airline handles the decision on bumping a minor, serving food and what they serve is up to the carrier."
The only way to know your rights in detail is to read the contract of carriage. If there are problems down the road, it won't matter what anyone verbally told you. The airlines live by their contracts of carriage.
The contract spells out your rights and the carrier's obligations, including their responsibilities concerning bumping, canceled flights, meals, and lost or damaged baggage.
Many airline employees don't know the details of the contract, and if you've ever tried to read one you'll know why. So your best protection is to print a copy and take it with you on your trip.
Contracts of carriage
You can find each airline's contract on its official Web site. Here are a few:
Where to complain
Of course, no matter how educated and prepared you are, things can still go wrong. When they do, you can complain to the airline, which is likely to get you nothing much at all in the way of a response, let alone a resolution.
You can also complain to the U.S. Department of Transportation, which keeps track of complaints, and issues reports to the media, Congress and the airline industry. There is an online form on the agency's Web site.
You can also complain to ConsumerAffairs.com and other online sites, call your local television consumer reporter and write to your local newspaper. If you have been severely injured as a result of airline negligence, you should hire the best trial lawyer you can find.
Having said all that, the world's most experienced road warriors will tell you to expect problems, allow extra time, travel light, and be prepared to spend long hours practicing your yoga on the airport floor. Nobody said getting from Point A to Point B would be easy.
Other articles of interest at ConsumerAffairs.com:
“Lower back pain a problem for all ages”
“Losing your cell phone could cost more than you think”
“Patients balk at new asthma inhalers”
