Know your rights when it comes to airline service

Dr. Cal LeMon's column in the Nov. 8-14 Business Journal ("Come cry with me: The sorry state of air service") was discussed in our office this week.

The airline industry has changed tremendously since deregulation. I expect that service levels will continue to decline because airline decision makers are eliminating the ability of travel agents to sell airline tickets profitably.

There are conflicting stories about record profits on the one hand, with rising costs of fuel and equipment on the other hand. I agree with Dr. LeMon's statement that "This industry responds to one thing filled or empty seats." The airline decision makers understand that if you need to get somewhere quickly, like it or not, you'll do it their way.

Traveling by commercial airlines is rarely a pleasant experience. Consumers consider it a good experience when things don't go wrong.

When your arrangements are not going smoothly, it helps to know your rights. The following information is taken from the U.S. Department of Transportation's "Fly-Rights, A Consumer Guide to Air Travel."

Delayed and canceled flights

Airlines don't guarantee their schedules, and you should realize this when planning your trip. There are many things that can, and often do, make it impossible for flights to arrive on time. Some problems, such as bad weather, air-traffic delays and mechanical repairs, are hard to predict and beyond the airlines' control.

If your flight is delayed, try to find out how late it will be. If the problem is with local weather or air-traffic control, all flights will probably be late and there's not much you or the airline can do to speed up your departure. If there's a mechanical problem with the plane for your particular flight or if the crew is delayed on an incoming flight, you might be better off trying to arrange another flight, as long as you don't have to pay a cancellation penalty or higher fare for changing your reservations. (It is sometimes easier to make such arrangements from a pay phone than at a ticket counter.)

If you find a flight on another airline, ask the first airline to endorse your ticket to the new carrier: This could save you a fare increase. Remember, however, that there is no rule requiring them to do this. If your flight is canceled, most airlines will rebook you on their own first flight to your destination with space available, at no additional charge. If this involves a significant delay, find out if another carrier has space, and ask the first airline to endorse your ticket.

Each airline has its own policies about what it will do for delayed passengers waiting at the airport. If you are delayed, ask the airline staff if they will pay for meals or a phone call. Some airlines, often those charging very low fares, do not provide any amenities to stranded passengers. Others may not offer amenities if the delay is caused by bad weather or something beyond the airline's control. Contrary to popular belief, airlines are not required to compensate passengers whose flights are delayed or canceled. When booking your flight, remember that a departure early in the day is less likely to be delayed than a later flight, due to "ripple" effects throughout the day. If you book the last flight of the day and it is canceled, you could get stuck overnight.

Overbooking

Overbooking is not illegal, and most airlines overbook their scheduled flights to compensate for no-shows. Passengers are sometimes left behind or bumped as a result. When an oversale occurs, regulations require airlines to ask people who aren't in a hurry to give up their seats voluntarily, in exchange for compensation.

Those passengers bumped against their will are, with few exceptions, entitled to compensation.

Involuntary bumping

Federal rules require each airline to give all passengers who are bumped involuntarily a written statement describing their rights and explaining how the carrier decides who gets on an oversold flight and who doesn't. Those travelers who don't get to fly are frequently entitled to an on-the-spot payment of denied-boarding compensation. The amount depends on ticket price and length of the delay.

If you are bumped involuntarily and the airline arranges transportation that is scheduled to get you to your final destination within one hour of your original scheduled arrival time, there is no compensation.

If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (or between one and four hours on international flights), the airline must pay you an amount equal to your one-way fare to your final destination, with a $200 maximum.

If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles.

You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an "involuntary refund" for the ticket for the flight you were bumped from. The denied-boarding compensation is essentially a payment for your inconvenience.

For more details on the industry and useful tips, see

www.dot.gov/airconsumer/flyrights.htm.

The American Society of Travel Agents supports the Air Traveler's Bill of Rights, which is now before Congress. If you would like to know more about the Omnibus Airline Passenger Fair Treatment Act of 1999, contact me at House of Travel Inc.

The bill addresses travelers' rights to truth in advertised prices, schedules and seat availability