Your Airline Rights

By Kent St. John

Nothing can upset your traveling plans more than an unexpected problem with an airline. To many people, the Warsaw Convention-- the international treaty governing international air travel liability--sounds like a 1960s Cold War movie. The other agreement on air travel, the Conditions of Carriage or Tariff Rules, is the contract with the airline you make when you buy your ticket. Some knowledge of the stipulations of both can go a long way toward securing your airline rights.

Much of the Conditions of Carriage agreement is on the ticket and ticket jacket, but not all. You have a right to know all the terms, such as boarding priorities and compensation if a flight is delayed or cancelled. Conditions of Carriage vary from airline to airline, and the hidden terms can make a difference.

A copy of your airline's conditions is available upon request at all ticket counters. If you have a problem, demand to see it. I have found several times that just asking for a copy when a boarding problem appears helps far more than ranting at the boarding gate personnel.

A summary of most of the airlines' conditions can be obtained from the Air Transportation Association (see sidebar) for a fee. Another great place to obtain different airlines' conditions is a web site run by Terry Trippler, an authority on airline carriage rules (see sidebar).

Major problems can be avoided by taking some simple precautions, the most important of which is checking in for the flight within the time required.

Bumping. If you are bumped because of overbooking, the carrier should arrange to get you to your destination within four hours of your original scheduled arrival. If it does not, you should be compensated $400 or double the one-way fare, whichever is greater. You do not have to accept vouchers, you can insist on cash or check. If the bump is because of a change of craft or weather, no compensation is due.

If a flight is overbooked, the airlines will almost always try to find volunteers who will accept a later flight for vouchers. Before you agree, make sure you are guaranteed a seat and not put on standby status. If a seat cannot be guaranteed, make sure you are covered under Rule 240, which allows you to fly on another carrier. If the new flight is more than two hours away, ask for a meal voucher and free phone call. By volunteering, I have traveled free to Europe several times on money vouchers.

If a different class is offered, take it. While being moved to coach from first or business is not a happy proposition, you will be refunded the difference in fares. Far worse is a delayed or cancelled flight.

Delays. The airlines do not guarantee their schedules, especially if the reasons are outside the company's control. If you are delayed, the first step is to see if other airlines are being affected. If not, ask to be covered under Rule 240. The airline would obviously prefer that you wait for their own scheduled flight, so you must ask. Make sure the alternate is a confirmed flight.

For delayed or canceled flights, vouchers usually go to those who make their discomfort best understood. Try to enlist the gate agent's support politely. Remember they have the power to upgrade, compensate, waive fees, and provide preferred seating.

Lost or Stolen Tickets. Another flyer's nightmare is a lost or stolen ticket. The first rule is to treat your ticket as cash. Photocopy each ticket. If a ticket is lost, contact the carrier immediately. Replacement or credit is faster when a police report is filed.

Lost Baggage. Valuables and necessities in your carry-on bag are not covered by any airline, so treat them with care. Even if an airline employee assures you that your luggage is on the next flight, make sure a claim is filed. There is a time limit to file a claim, so do it quickly. The limit of compensation, $1,250 ($640 on an international flight), is governed by the Warsaw Convention Agreement and the Tariff Rules.

If the contents of your bags are worth more than $1,250 (or $640), additional coverage can be purchased at the rate of $2 per $100 value, up to $5,000. Know the contents of your bags; this will make it easier to claim compensation.

If you cannot get satisfaction from the airlines, the first place to contact is the U.S. Department of Transportation (www.dot.gov), which tracks and investigates consumer complaints. The DOT also compiles statistics on delayed and cancelled flights, overbooking, and baggage problems. The Air Travel Consumers Report is available from the Consumer Information Center, Department 124D, Pueblo, CO 81009. A nonprofit group called Aviation Consumer Action Project also assists with complaints and publishes Facts and Advice for Airline Passengers.

Who to Contact

Department of Transportation, Office of Consumer Affairs, 400 7th St., SW, Washington, DC 20590; (202) 366-2220. Aviation Consumer Action Project, Box 19029, Washington, DC 20036; (202) 638-4000. Air Transportation Association, 1301 Pennsylvania Ave., Suite 1100, Washington, DC 20004; (800) 497-3326; www.airlines.org/home/default.aspx.

KENT ST. JOHN is senior travel editor for www.GoNomad.com.