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
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know
In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
