Your Rights as a Passenger Are Set to Improve Significantly—if You Take Action

Last month, the U.S. Transportation Department suggested new regulations for airlines that could greatly strengthen the rights of passengers, and the public has 90 days—until November 21—to provide feedback on the proposal to facilitate these changes.

The proposal outlines four primary goals:

1) It would mandate that airlines issue refunds if the scheduled departure or arrival time shifts by three or more hours for domestic flights, or six or more hours for international flights.

2) It would stipulate that airlines must refund passengers when there are changes to the departure or arrival airport, or if additional stops are added to their itinerary.

3) Airlines would be obligated to issue refunds when they significantly diminish the travel experience by changing to a different aircraft type.

4) Airlines would need to offer future travel credits that remain valid indefinitely if passengers are unable to travel due to health and safety concerns during a pandemic or border closures.

These regulations would also extend to tickets that are usually nonrefundable, including basic economy fares at lower prices.

According to Scott Keyes, founder of flight deal tracking service Scott’s Cheap Flights, the new rules could represent the most substantial enhancement to traveler protections in years.

“The proposed rule is currently undergoing its mandated 90-day public comment period, after which the DOT will consider the feedback and finalize the regulations,” Keyes stated in a letter to his audience. “I can assure you that airlines and their lobbyists will be submitting their comments, hoping to dilute or completely overturn this proposal. I’ve submitted my feedback, and I encourage you to do the same.”

Public feedback can be submitted via this online form.

The major changes that air travelers can expect

Although airlines are not obligated to compensate passengers who cancel or change flights for personal reasons, U.S. law mandates a refund when the airline cancels, delays, or makes significant alterations to a flight, and the passenger opts not to travel.

While airlines streamline the process for passengers to receive future flight credits when they need to alter or cancel a booking, securing a straightforward cash refund has proven to be more complicated.

One of the difficulties passengers encounter in ensuring they receive compensation is the definition of a significant change in itinerary. The DOT states, “a consumer is entitled to a refund if the airline implements a significant schedule change and/or causes a significant delay, and the consumer decides not to travel.”

The new regulations will establish clear criteria for what constitutes a significant delay—specifically, three hours or more for domestic flights, and six hours or more for international flights.

The proposed regulations were announced on August 3, accompanied by strong warnings to airlines from Transportation Secretary Pete Buttigieg, during a year plagued by mass cancellations, delays, long airport lines, and extensive lost luggage issues.

In a letter dated August 18 to the leaders of major U.S. airlines, Buttigieg emphasized, “As we near the Labor Day holiday, I want to stress once again: Americans expect that when they buy an airline ticket, they will reach their destination safely, reliably, and affordably.”

Buttigieg acknowledged the airlines' efforts since Memorial Day to mitigate delays and cancellations but stated, “the level of disruption Americans have faced this summer is unacceptable.”

According to the transportation secretary, approximately 24 percent of U.S. domestic flights were delayed and 3.2 percent were canceled during the first half of 2022.

A new tool to determine your compensation

To provide travelers with “clear and transparent information” about their entitlements during delays and cancellations, the DOT launched an interactive dashboard on its Aviation Consumer Protection website on September 1, just ahead of Labor Day weekend. This tool allows travelers to view the specific guarantees, refunds, and compensation offered by major domestic U.S. airlines in the event of flight disruptions.

The introduction of the new dashboard and proposed regulations comes in response to a surge in complaints from passengers. According to the latest Air Travel Consumer Report, published on August 26, the DOT noted a 34.9 percent rise in air travel service complaints from May to June, with complaints soaring nearly 270 percent compared to pre-pandemic levels.

“The DOT is dedicated to ensuring fair treatment for airline passengers and is alarmed by the recent flight cancellations and disruptions,” the agency mentioned in last week's report. It highlighted that the Office of Aviation Consumer Protection “is keeping an eye on airlines’ operations to confirm that unrealistic scheduling is not occurring.”

As travel demand surged this year following a two-year decline due to the pandemic, airlines sold flights without necessarily having the pilots, staff, and ground crews required for proper operation, prompting schedule reductions. The goal is to align flight inventory for this fall and beyond with actual operational capabilities.

Buttigieg noted that this could be just the start of a longer journey toward enhanced passenger rights.

In his correspondence to the airlines, the transportation secretary requested that “at the very least, [airlines should] offer meal vouchers for delays of three hours or longer and provide accommodations for passengers who must spend the night at an airport due to disruptions within the carrier’s control.” Can you imagine?

“We are also exploring rulemaking options that would further broaden the rights of airline passengers affected by disruptions,” Buttigieg mentioned. Oh? Please, go on.

Reporting by The Associated Press.