Rule 240, a 30- year-old relic of the days when airlines were regulated, at one time bound carriers to put you on the next available flight.
This refers to a “condition of carriage” which specify the circumstances in which you are entitled to an airline compensation. These may be meal vouchers, a hotel room, be booked for a substitute flight or maybe a partial or full refund.
These days, the airlines make their own rules; some have retained the name “Rule 240”. Unfortunately, Delta's policy allows for its “sole discretion”.
Canada introduced Flight Rights Canada in September, and Europe has had a formalized set of passenger rights since 2005. The good news is, you're covered if you're flying out of either place (even on U.S. carriers) or into Canada, though not into Europe. At Canadian airports, for example, airlines must announce schedule changes, give meal vouchers for delays of more than four hours, and hotel accommodations for those of more than eight hours. Passengers now must be given the option to disembark if they've been stuck on the tarmac for more than 90 minutes. The European Commission's rules specify that delays or cancellations that prevent you form completing your trip entitle you to a refund of the unused portion within seven days, even on nonrefundable tickets. Hotel accommodations and meals must be provided for delays of 24 hours or more. In the absence of a U.S. Nationwide Passenger Bill of Rights (the Department of Transportation approved a set of voluntary guidelines in November), some states have taken it on individually, with little luck 2007, New York passed such a bill after delays on the tarmac at JFK Airport stranded JetBlue travelers for more than 10 hours. But the bill was knocked down by a federal appellate court.
Until there are similar measures in place in the State – and there is no sign of that happing soon – here's what you can do now:
Until there are similar measures in place in the State – and there is no sign of that happing soon – here's what you can do now:
CHECK THE AIRLINE'S CONTRACT OF CARRIAGE. Every airline post a contract of carriage on its website. Each is different; Northwest, for example, states that it will put you on another airline's flight if you experience a missed connection and a Northwest flight is unavailable, while Delta has the final say. Familiarizing yourself with – or even printing out – your airline's current rules before you fly may save you angst later. And flying with companies that voluntarily abide by some rules is a good idea. JetBlue has since developed its own customer bill of rights, promising that you will never be stuck on a plane for longer than five hours and you'll be compensated with vouchers for future travel if you experience delays of more than one hour.
KNOW WHAT THE RULES ARE ABROAD. In case you are traveling from Canada or Europe on a U.S. carrier, the distinct possibility exist that airline's staff won't be aware that you have more rights there than you do here. You'll find the European Commission's rules at its Air Transport Portal (apr.europe.eu), and Flight Rights Canada on the Transport Canada website (tc.gc.ca/flights).
DO SOME LOBBYING OF YOUR OWN. You don't have to take your lack of rights sitting down (unless, of course, you're stuck in a tarmac right now). Contact your congressperson, learn more about bills in legistlaion, or join the efforts of the Coalition for an Airline Passenger's Bill of Rights (flyersights.org).
