You can almost feel it when you fly these days. This means you are a second-class citizen with limited rights or none at all.
This happened to Janice Lintz when she was recently traveling from Philadelphia to New York. Her airline canceled her flight, left her waiting at the airport, and eventually offered her a $10 meal voucher and 7,500 miles for her “inconvenience.”
“It was outrageous,” says Lintz, a disability advocate who lives in Washington, DC. “I think that without consumer protection, passengers will be treated worse.”
He is right. airline passenger rights Are disappear. The US government’s recent decision to scrap proposed compensation rules for delays, which I highlighted in last week’s column, is just the beginning. Behind the scenes, airlines have been lobbying to eliminate decades of consumer protections.
The question is not whether your rights will be diminished – they will be diminished. The question is, what can you do about it?
Here’s what the airlines want to eliminate:
- Automatic refund requirements for flight changes and cancellations.
- Fee transparency rules that mandate advance disclosure of baggage and seat fees.
- Accessibility protection for passengers with disabilities.
- Enforcement of family seating requirements.
This directly contradicts what airline passengers say they want. A recent survey by AirHelp found that 52 percent of American travelers believe air passenger rules should be strengthened.
“There will be less accountability from airlines,” says Susan Sheren, founder of Couture Trips. “That means passengers will have to take steps to protect themselves.”
- automatic refund: If your flight is canceled or significantly changed and you choose not to travel, you are entitled to a full cash refund within 7 business days (credit cards) or 20 days (other payment methods).
- full-fare advertising: Airlines must include mandatory taxes and fees in advertised prices. No more surprise fees at checkout.
- basic access: Airlines cannot discriminate against passengers with disabilities, although enforcement is still spotty.
- tarmac delay rules: Airlines must provide food, water, and working bathrooms during long delays that occur after passengers board a plane. They must also allow passengers to deplane after 3 hours (domestic) or 4 hours (international).
- overbooking compensation: If you are inadvertently bumped, airlines must compensate you based on the ticket price and duration of delay.
And that’s basically your entire federal security package. Compare this to Europe, where passengers can claim hundreds of dollars for delays of more than 3 hours, and it’s easy to understand why most American air travelers want more rights.
Airlines are taking their time to eliminate existing consumer regulations. Doing all this together will spread anger among the public. Instead, they’re using what I call drip erosion – a gradual erosion of rights that happens so slowly that passengers barely notice. But you don’t have to wait to feel like Lintz, a disability supporter.
So are you out of luck? In a word, no.
“In the absence of formal airline compensation policies, there are still some steps travelers can take to better protect themselves,” says Ivalo Danalov, CEO of airline compensation specialist Skyrefund.
Here’s your plan:
1. Know what rights you have (yes, you still have some)
When things go wrong, use precise language that triggers legal obligations. Your rights are outlined on the DOT website, at least for now. Remember phrases like, “I am requesting a full cash refund under DOT rules for this canceled flight,” and “This is a significant schedule change that entitles me to a refund.” This way, they know you mean business. “When airlines realize that you are preparing documents as if you are making a legal case, their approach to customer service changes dramatically,” says attorney Michael Weiss, who has litigated numerous airline disputes.
2. Use the correct payment method
“Pay for the ticket not with a debit card, but with a credit card,” advises Daria Volochniuk, chief operating officer of FlightRefunder. “This way, you can appeal the transaction.” Under the Fair Credit Billing Act, you can file a chargeback for goods or services that were not delivered or for something that was not as described by the merchant, such as a canceled airline ticket.
3. Channel your inner accountant
“Paperwork is your best protection,” says William Holland, a St. Louis attorney with extensive experience fighting airlines. “Save fare and charge pages as screenshots, get everything offered in writing, and don’t accept vouchers if you’re entitled to cash.” Consider taking screenshots of booking pages that show original flight times and prices. Save all email confirmations and change notifications. Take pictures of delay announcements on airport monitors. And most importantly, keep all receipts.
4. Buy genuine travel insurance
Forget poor airline coverage. Buy comprehensive third-party travel insurance that covers trip interruption and cancellation, medical emergencies, loss of baggage and missed connections. Emily Tarcani, vice president of marketing at Travik International, says she’s seen customers who are left to fend for themselves when an airline cancels a flight. “Insurance can step in to cover some of those loopholes,” she says. “But ideally, travelers would already be guaranteed protections like refunds and fee disclosures without having to fight for them.”
5. Don’t be afraid to adopt nuclear energy
There are two nuclear options for airline disputes. Someone is filing a complaint with the DOT, which has an obligation to investigate (at least, for now). You can also file a chargeback on your credit card if you did not receive the service you expected. “Doing both speeds up compliance,” says attorney John Beck. Note: These options are last resort, that’s why we call them “nuclear”.
Danny Caron, author of “Your Lovable Lawyer’s Guide to Legal Wellness,” predicts, “Travelers will certainly be in trouble because of the airlines’ lack of incentive to operate efficiently.”
He says individual safety is important, but collective action also matters.
That’s why the long game is equally important. Consider joining consumer advocacy groups that fight for traveler rights. There are several, including Travelers United and Flyersrights.org. Also, support political candidates who prioritize consumer protection over industry profits. And vote with your wallet – choose airlines that treat passengers fairly, even if they don’t have to.
For the past three decades, I have been running a non-profit consumer organization that helps travelers. We have tried to avoid politics as much as possible because poor service affects everyone, regardless of their political beliefs. But I can tell you this: Our supporters tell me that reducing aviation consumer protections will motivate them to vote in the next election.
Don’t expect airlines to voluntarily do the right thing. When it comes to your traveler rights, it’s time to defend yourself.
The airlines are betting you won’t retaliate. Only you can prove them wrong.
