Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comBumped From a Flight During the Peak Summer Travel Season? You Have Legal Rights
Author: Scarinci Hollenbeck, LLC|July 15, 2013
In an effort to make sure that every seat is filled, airlines often overbook flights. In fact, one in every ten people that travel by plane has been bumped off a flight in the past year.
Bumped From a Flight During the Peak Summer Travel Season? You Have Legal Rights
In an effort to make sure that every seat is filled, airlines often overbook flights. In fact, one in every ten people that travel by plane has been bumped off a flight in the past year.
Whether traveling for business or pleasure, an oversold flight can be a major headache. Fortunately, you do have legal rights. Under rules adopted by the Department of Transportation (DOT) in 2011, airlines must follow certain procedures for passengers who are bumped on a voluntary and involuntary basis.
Even if you respond to the airline’s pleas for volunteers to give up their seats in exchange for compensation, the carrier must still follow certain rules. For instance, if the carrier offers free or reduced rate air transportation, it must disclose all material restrictions, including but not limited to administrative fees, advance purchase or capacity restrictions, and blackout dates applicable to the offer before the passenger decides whether to give up his or her seat.
For passengers involuntarily denied boarding, the rules are more complex. They largely depend on the type of flight (international v. domestic) and the level of travel disruption.
For domestic travel, the rules set forth the following payment schedule:
- 0 to 1 hour arrival delay: No compensation.
- 1 to 2 hour arrival delay: 200 percent of one-way fare (but no more than $650).
- Over 2 hours arrival delay: 400 percent of one-way fare (but no more than $1,300).
For international travel, the timelines are slightly different:
- 0 to 1 hour arrival delay: No compensation.
- 1 to 4 hour arrival delay: 200 percent of one-way fare (but no more than $650).
- Over 4 hours arrival delay: 400 percent of one-way fare (but no more than $1,300).
Under the DOT’s flyer rights rules, the airline must give each passenger who is involuntarily denied boarding a payment by cash or check on the day and at the place the denial occurs. However, it is also important to highlight that no compensation is required if the carrier offers alternate transportation that is planned to arrive at the airport of the passenger’s first stopover, or if none, the airport of the passenger’s final destination not later than one hour after the planned arrival time of the passenger’s original flight
Bumped From a Flight During the Peak Summer Travel Season? You Have Legal Rights
Author: Scarinci Hollenbeck, LLC
Whether traveling for business or pleasure, an oversold flight can be a major headache. Fortunately, you do have legal rights. Under rules adopted by the Department of Transportation (DOT) in 2011, airlines must follow certain procedures for passengers who are bumped on a voluntary and involuntary basis.
Even if you respond to the airline’s pleas for volunteers to give up their seats in exchange for compensation, the carrier must still follow certain rules. For instance, if the carrier offers free or reduced rate air transportation, it must disclose all material restrictions, including but not limited to administrative fees, advance purchase or capacity restrictions, and blackout dates applicable to the offer before the passenger decides whether to give up his or her seat.
For passengers involuntarily denied boarding, the rules are more complex. They largely depend on the type of flight (international v. domestic) and the level of travel disruption.
For domestic travel, the rules set forth the following payment schedule:
- 0 to 1 hour arrival delay: No compensation.
- 1 to 2 hour arrival delay: 200 percent of one-way fare (but no more than $650).
- Over 2 hours arrival delay: 400 percent of one-way fare (but no more than $1,300).
For international travel, the timelines are slightly different:
- 0 to 1 hour arrival delay: No compensation.
- 1 to 4 hour arrival delay: 200 percent of one-way fare (but no more than $650).
- Over 4 hours arrival delay: 400 percent of one-way fare (but no more than $1,300).
Under the DOT’s flyer rights rules, the airline must give each passenger who is involuntarily denied boarding a payment by cash or check on the day and at the place the denial occurs. However, it is also important to highlight that no compensation is required if the carrier offers alternate transportation that is planned to arrive at the airport of the passenger’s first stopover, or if none, the airport of the passenger’s final destination not later than one hour after the planned arrival time of the passenger’s original flight
