Why doesn’t the US have flight delay rules to protect passengers?

Where are the US rules for flight delays? Canada and the European Union have these

Rules and regulations around the world deal with airline flight delays in different ways. The European Union (EU) has strict regulations and Canada has recently established airline flight delay rules. However, the US has begun the process of starting the bureaucratic route to establish any such rules. But the Trump administration has gutted the consumer-friendly effort.

Is DOT required to inform travelers about their Montreal Convention rights?

It is important for DOT to interpret international laws related to the Montreal Convention. When it comes to aviation matters until they reach the federal level, the DOT is the absolute judge and jury. And, it becomes too expensive and cumbersome for the average American traveler to bring a court case at the federal level. DOT should at least clarify the treaty provisions to Americans.

The DOT argues, first, that airlines cite the Montreal Convention’s literal disclosure language in their transportation contracts. They will have to repeat the same language in tickets and notices at ticket counters. However, most domestic tickets today do not require these notifications. Those tickets and boarding passes do not contain any Montreal Convention declarations.

Also read: Are airlines misleading passengers on flight delays and lost luggage?

US airline passengers don’t know their EU rights or how to file a claim

When surveyed, only one in four American air travelers feel they meet eligibility to receive up to $700 in compensation. Additionally, less than 25 percent of those on disrupted flights actually filed claims based on airline flight delay rules.

Clearly, the air passenger rights regulation EC Rule 261, an old law, is not widely understood in the US. This rule also covers US citizens traveling to and from Europe. Billions of dollars in airline compensation claims are never filed by passengers.

According to this survey, there were three main reasons for passengers not applying for compensation:
— Passengers are not aware of their rights (63 percent);
– They did not think they were eligible for compensation (47 percent);
— They didn’t know how to file a claim (42 percent).

Also on the Travelers United blog: How to get more than $700 in flight-delay compensation

Flight disruption: passengers’ rights under EU Regulation 261

For delayed or canceled flights, and in the event of denied boarding, passengers may be entitled to financial compensation. This compensation adds up to $700 per person for transatlantic flights. The conditions for this stipulate that the departure airport must be within the European Union. Or, the airline carrier must land in the EU and be headquartered in the EU. Compensation can be claimed within three years of the flight being disrupted.

The airline must be the cause of the disruption. Situations deemed as ‘extraordinary circumstances’, such as an unannounced strike, storm, or medical emergency, exempt the operating airline from the obligation to compensate passengers. In other words, “exceptional circumstances” do not qualify for delayed-flight compensation.

Canada establishes flight-delay rules

The Canadian Transportation Agency issued new regulations for aviation consumer protection two summers ago. These rules reflect US rules in case of lost/damaged/delayed checked baggage. However, the top compensation for a lost checked-bag is C$2,100. Denied boarding compensation in Canada ranges from C$900 to C$2,400.

Only the US does not offer any compensation for flight delays when airlines do not follow their published schedules.

Travelers United is working with the DOT to change the existing rules. Under the last two administrations the DOT has shown no interest in changing the rules. So, don’t expect much, especially from the current administration.

Note: Today is the anniversary of the Airline Regulation Bill of 1978.

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