New rules from the U.S. Department of Transportation just went into effect that will help passengers deal with delays and cancellations. While the rules don’t go as far as some consumer advocates would hope, they are small victories.
As of Oct. 28, the latest rules are in place that will provide automatic refunds for passengers on canceled or significantly delayed flights. Flights delayed by more than three hours or more on domestic trips and international flights delayed by six hours or more are entitled to automatic refunds if you don’t accept alternative transportation (such as another flight) or travel credits. Airlines must now refund you within seven days for credit card purchases and 20 days for other forms of payment, such as cash.
You’ll also have the right to receive a refund for add-on fees, such as significantly delayed checked bags, extra legroom seats and other ancillary charges like Wi-Fi if they are unexpectedly unavailable or not functioning.
Still, the new rules don’t go far enough for many, especially in the event of major schedule disasters, as we saw over the summer during a technology outage and a few winters ago when icy snow storms snarled flights for hundreds of thousands.
One of the first questions TPG is often asked during airline meltdowns is, “What are airline passengers’ rights?”
Well, we’re here to help you navigate the sometimes confusing rules and determine whether you have the right to compensation, meal vouchers, hotel stays or even full refunds.
Here’s what you need to know:
Passengers are getting more protections
Airline passengers in the U.S. have more rights than they used to. However, the rules are still not quite as favorable to consumers as some travelers might think.
Weather-related disruptions often leave few options
Bad weather is often the trigger for larger operational meltdowns. That was certainly the case last year as summer thunderstorms pounded the country and disrupted travel from Chicago to Newark. Likewise, winter weather was the initial trigger for Southwest Airlines’ operational meltdown over the 2022 holidays.
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Bad weather can have cascading, nationwide effects on airline operations. So, sometimes, you might run into a weather-related cancellation or delay even though it’s clear and sunny outside your window.
Often, when flight disruptions are caused by weather or other factors outside an airline’s control, your carrier may not be willing to foot the bill if you encounter unexpected costs like a hotel night or extra meals if you’re stranded.
This is where a travel credit card offering trip protection and coverage for weather-related scenarios can help. The card can offset the cost of unexpected expenses you incur (like a hotel night, ground transportation and unexpected meals) to help close the gap.
Other causes for cancellations
Plenty of other problems can cause cascading disruptions, too — case in point: the CrowdStrike IT failure that led to mass cancelations and delays this summer. Delta Air Lines was among the worst affected. The mess started with a technology outage, but Delta seemed unable to recover operationally even after many other carriers did.
The U.S. Department of Transportation said even though the problems began at a third-party vendor, airlines are ultimately responsible for the disruptions. That means that if you don’t end up taking the flight, you’re entitled to a full refund in the event of long delays or cancellations.
Improving passenger protections
Fortunately, there is some good news to report this year.
New air passenger rights rules issued by the DOT add another layer of protection, making it easier to claim a refund when you’re eligible. More on those requirements in a moment.
Here’s what you are currently entitled to when your air travel plans go sideways, as well as what could be coming down the road (or in the skies) in the future.
You’re entitled to a refund
Per DOT policy, every airline passenger is entitled to a cash refund when their flight is canceled or significantly delayed or when the schedule is significantly changed. (This only applies if they choose not to fly because of the change.)
That goes for both weather-related disruptions and those that are technically the airline’s responsibility, like maintenance issues.
Here are a few things to know about that refund:
- You’re only entitled to a refund for the unused portion of your trip. So, say you fly from New York City to Washington, D.C. Then, your return trip gets canceled, and you decide to take the train home. You would be owed a refund only for the return portion of your trip.
- If you accept the airline’s rebooking offer, you’re not eligible for a refund.
- However, if you meet the above criteria, you don’t have to accept a flight voucher or frequent flyer miles.
- New rules from the Biden administration define what constitutes a significant delay or schedule change as three hours for domestic flights and six hours for international flights. The new rules also require airlines to automatically issue refunds to eligible passengers within 7 to 20 business days. Those rules are now in effect.
Compensation during airline delays
Though the Biden administration has increased passengers’ rights overall, airlines still don’t have to pay you cash compensation for flight delays.
However, the DOT has rolled out an Airline Cancellation and Delay Dashboard that lays out the commitments made by major U.S. airlines in the event of flight disruptions.
As noted on the page, most airlines guarantee meals, cash for meals or meal vouchers when delays cause a wait of three hours or longer.
Additionally, most major carriers guarantee hotel accommodations, plus the necessary ground transportation to and from the hotel, when delays lead to an unexpected overnight stay. The only airline that doesn’t guarantee this, according to the dashboard? Frontier Airlines.
Remember that these are for “controllable delays” — the ones that are technically the airline’s fault, like those due to aircraft maintenance or a staffing problem.
Notably, these guarantees do not apply to flights affected by bad weather or air traffic control problems.
Compensation for airline cancellations
Like with delays, airlines aren’t required to compensate passengers for canceled flights. However, most major U.S. carriers do provide some guarantees for cancellations deemed to be their responsibility. (Again, this doesn’t apply to weather disruptions.)
All 10 carriers evaluated by the DOT guarantee meals, cash for meals or meal vouchers when cancellations lead to a wait of three hours or longer for a new flight.
Every airline — except Frontier — guarantees complimentary hotel accommodations for these covered cancellations leading to an unexpected overnight stay; the airlines also cover ground transportation to and from the hotel.
None of the airlines provide cash compensation for long delays or cancellations, which is what some of us at TPG would like to see. That would make the U.S. rules more like Europe’s EU261 compensation rules.
However, the DOT has also proposed rules that could eventually provide meaningful compensation in the event of long delays and cancellations. The DOT has just finished a prerule-making stage, and if the Democratic Party still controls the White House next year, we could actually see a formal proposal that would require cash compensation.
Until then, even if the airline doesn’t technically owe you compensation, you can always ask. The worst the airline can say is “No.”
Related: Tips for using social media to contact airlines and hotels
The 24-hour refund rule
Suppose you book an airline ticket and then find a better deal, or you realize your just-booked itinerary won’t work for you. Or maybe you selected something you didn’t intend to.
There’s good news: Per DOT policy, airlines in the U.S. must either provide penalty-free refunds to passengers who cancel within 24 hours or allow customers to place a 24-hour hold on a ticket without purchasing it.
This applies to all types of tickets, including basic economy tickets and those that are technically “nonrefundable.”
Several airlines provide refunds for changes and cancellations beyond 24 hours, depending on the fare type, but they all have to give a 24-hour window of some sort.
Those rules came into effect in 2012. The DOT ordered airlines to allow passengers to cancel nonrefundable bookings or reservations within 24 hours of purchase as long as the booking is made at least seven days before the flight.
Tarmac delay rights
Airlines should not leave you on a plane on the tarmac for hours-long delays, and they have gotten much better about letting passengers off planes if they can’t get clearance to take off in a reasonable amount of time; the DOT cracked down on long tarmac delays by issuing rules in 2010.
Airlines are now required to provide food and drinking water after passengers have sat for two or more hours on a plane on the ground. Airlines must allow passengers to get off by the three-hour mark for domestic flights and the four-hour mark for international flights. If the airline doesn’t follow these rules, it is subject to large fines from the DOT.
Interestingly, some have argued that these rules have actually made delays worse. Either way, passengers have a right to avoid sitting indefinitely on the tarmac, unable to get off the plane.
New airline passenger rights under consideration
While most U.S. airlines guarantee things like meal vouchers and a complimentary hotel night when they are responsible for a major delay or cancellation, the Biden administration wants to go even further.
In May 2023, the DOT announced a plan to propose rules requiring airlines to compensate passengers for controllable cancellations and delays. (Again, this wouldn’t apply to bad weather and other factors outside the airline’s control.) It would apply in the case of this year’s IT meltdown, but the rules aren’t fully in place yet.
If ultimately approved, the rule would seemingly bring consumer protections more in line with those in the European Union under that previously mentioned provision known as EU261.
“DOT has taken unprecedented action to protect and expand travelers’ rights when airlines cause cancellations and delays,” a DOT spokesperson told TPG last year. “Before Secretary [Pete] Buttigieg was sworn in, none of the largest U.S. airlines guaranteed meals, hotels or transportation when they were the cause of a cancellation — now 10 guarantee meals and transportation and nine offer hotels. Additionally, this administration has helped return over a billion dollars in refunds to travelers, has fined airlines at all-time highs, and is continuing to fight to expand passengers’ rights.”
Major airline trade groups have criticized the proposals, pointing to existing guarantees by airlines for meals, hotels and ground transportation; they warn that regulations could drive up costs for all passengers.
The DOT will also now require airlines to proactively inform passengers if they’re entitled to a refund and to issue refunds for paid services (like Wi-Fi or seat selections) that customers don’t actually receive.
Will there be a new airline passenger bill of rights?
Some political leaders want to go even further than the current air passenger rules being adopted by the DOT.
Sen. Richard Blumenthal, a Democrat from Connecticut, and Ed Markey, a Democrat from Massachusetts, proposed a law that would enshrine rights to airline passengers — much as the Bill of Rights protects Americans.
“[Airlines] need to provide not only refunds but also additional compensation like the $1,350 if flights are delayed more than four hours, which is part of my bill of rights. $1,350 on top of refunds and alternative transportation expenses. Because the only message that the airlines seem to understand is dollars and cents,” Blumenthal said to TPG.
“And if they have to pay a penalty beyond refunds and beyond paying for alternative transportation, it will get their attention,” he continued. “And also giving passengers the right to sue, the right to legal recourse is very important because the Department of Transportation isn’t always as vigorous as it should be.”
Under the proposed legislation, airlines would be required to refund tickets for flights delayed as little as one hour and provide alternative transportation. They would also be required to pay for food and hotels. Finally, the bill would forbid airlines from using weather as an excuse for delays and cancellations when it’s actually their fault.
A challenge for passengers is that even with that proposed legislation, there is an “out” for weather or other uncontrollable events. It’s unclear if the meltdown Southwest Airlines suffered during the 2022 Christmas season, for example, would be considered weather-related or not for the purposes of coverage by that bill of rights.
These proposed airline passenger bills of rights are far from passage. Airlines for America, a lobbying group representing the major airlines of North America, called the legislation “short-sighted” and promised to campaign against it.
Related: 6 real-life strategies you can use when your flight is canceled or delayed
Bottom line
The current list of airline passenger rights is not where we’d necessarily like to see it, but there have been positive passenger developments in the past few years.
Regarding delays and cancellations due to weather, however, the airlines still have a lot of wiggle room in compensating passengers. That said, just like during Southwest’s Christmas week meltdown, we are hopeful the airlines will do the right thing in the end and make consumers whole for costs like meals, lodging and alternate flights.
No matter what rules are in place, though, you will need to be your own best advocate. Record all of your related delay expenses, and report your case directly to the airline for compensation. If you don’t get relief, you can always contact your representatives in Congress and even file a complaint with the DOT.
The worst that can happen is that an airline can tell you, “No.” Even then, if you use the right credit card to book your ticket, you’ll still have another avenue to recoup some of your additional expenses.
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